Background and Disclaimer:

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The 2019 Bonds contained a provision (Section 5.04) in which the "Issuer covenants not to issue additional bonds"....Yet, UPRD and its attorneys have spent the last year doing just that:  Attempting to issue additional bonds that it is prohibited from issuing! 

Illegal and INSANE!

Why haven't you heard about this from YOUR BOARD?

This is one of the issues that is addressed in the appeal.  Please read the Supreme Court Briefs filed in this case.  They are provided near the bottom of this page.

 In early December 2023, residents began asking the UPRD Board" "how can you issue bonds in light of language prohibiting additional bonds from being issued?" 

Scrambling to explain, UPRD conspired with its attorneys to concoct bogus documents and represented to the residents that UPRD had the authority to issue additional bonds when Section 5.04 clearly states it cannot.  

So, this was a lie.

Here is a picture of the "Opinion Letter" represented by Chair DICKSON as "proof" that the attorneys gave the "green light" to move ahead with the [prohibited] bond issuance.

UPRD's District Manager confirmed to residents that UPRD attorneys Gang and Barnebey collaborated on this so called "opinion letter."

Folks...this is NOT an "Opinion Letter."  No law firm, letterhead, no signature, no date.  It was  concocted by the attorneys (as confirmed by UPRD's Financial advisor, PFM) to mislead the residents (in my opinion, of course).

YOUR BOARD pulled the wool over YOUR eyes.  Shameful.

The fact that YOUR UPRD Board and its attorneys would enter into this deception should give us all pause as to who these people truly are (in my opinion, of course).

Who does this and why do they think they can get away with this? 

On January 12, less than a week after DICKSON assured us that the attorneys are 100% behind UPRD issuing these new bonds (again, which are PROHIBITED by Section 5.04), attorney Robert Gang from Bond Counsel (Greenberg Traurig, LLP) required that the Board issue a Conflict Waiver before it issues the required [real, legally valid] Opinion Letter before bonds can be issued and also required that the existing language from 2019's Section 5.04 MUST be amended (i.e. removing the Prohibition from issuing additional bonds) before he and his firm can issue the required [real, legally valid] Opinion Letter [again, required before bonds can be issued].

WAIT....WHAT?  

How can this be?  Less than 1 week before DICKSON assured us there was nothing to worry about and that UPRD had all the legal authority it needed to issue additional bonds.

Now the attorney says it can't issue an Opinion Letter (that she already represented was issued???)

It sure appears that DICKSON misled residents about the attorneys attesting to UPRD's ability to issue additional bonds...doesn't it?

The agenda above is from the January 12 Board Meeting with these emergency agenda items required before a [real, legally valid] Opinion Letter can be issued by Bond Counsel.

Since the governing language from 2019 precluded issuing additional bonds at the time it conducted a) 3 Town Halls, b) the December 8, 2023 Public Hearing authorizing the Assessment Methodology, AND c) the January 16, 2024 referendum, all of these actions are illegitimate.

Unbeknownst to most residents, UPRD held its January 16, 2024 referendum without first having received the required Legal Opinion Letter.

As argued in the Supreme Court brief, this makes the election contingent on future items from first occurring which, in turn, makes the referendum a contingent election, hypothetical, and not a legally valid bond validation proceeding.

Read more in the Supreme Court Briefs below.

At the April 29, 2024 Bond Validation Hearing, it was apparent that the Judge looked the other way on this very material legal matter (in my opinion, of course).

Thus, the appeal to reverse this fairly obvious judicial error.

YOUR Board and its attorneys, thumbed its nose at the relevant law, took a shortcut, and plowed ahead with the referendum when it didn't have the legal authority to do so.

Why haven't you heard this from your Board of Supervisors?

Because they have been trying for the past 12 months to scheme and conspire to cover this gaffe up and prevent you from knowing this.

What they should have done is: a) PAUSE THE REFERENDUM, b) determine if the language could be fixed, c) fix the language, and d) THEN and ONLY THEN, proceed with the actions to issue the bonds.

An ethical Board with integrity, ethics, and respect for the rule of law would have done this (in my opinion, of course).

But YOUR Board chose NOT to do this.

Ask them "Why."

Why didn't UPRD Supervisors demand the bond attorney to fix this mistake from 2019 as soon as they learned about it?

We tried but they would not answer us and wished this issue would magically go away.

Is this the type of people YOU want leading us? [and leading us into the financial abyss?]

In my opinion, of course: This isn't an innocent mistake....it is purposeful.  They got themselves into this predicament and continued to lie and only made the matter worse for ALL residents.  This is YOUR Board's unforced error that YOU will now be paying for.

Please don't assume that the UPRD Board did any meaningful financial planning/analysis before deciding to proceed down the path to issue the new 2024 Series $21,000,000 [prohibited] bonds.  

They are required by the terms of the Charter....a Charter in place to protect the residents from rogue actors, poor decisions, and fiscal recklessness...to maintain a 5-Year Plan at all times...ESPECIALLY FOR NEW PROJECTS.  Simply, the Board did not adopt any such - Year Plan that OUR Charter says it SHALL maintain before its attempt to issue Series 2024 Bonds.  Note:  it says SHALL, as in NOT AN OPTION.  It doesn't say "try to maintain," or "maintain when you get around to it," etc.  It says SHALL.  And UPRD has chosen to purposefully ignore this requirement.

Worse yet, the time that we need this forward-looking analysis most is when they are contemplating NEW PROJECTS!

YOUR Board is derelict in its fiduciary responsibility to us before running up "the credit card" and saddling the community with $44 million of burden of debt (the average house will pay $37,000 over the 30-year period for 1,202 homes).

If the Board has extra cash lying around from operations the, fine, let's approve projects that make sense.

But, because the 5-person Board can issue [prohibited] bonds when it wants for whatever it wants (because the residents chose to be a "Special District") as long as they can spin a story to the residents to approve their recommendation, we are beholden to their lack of fiduciary responsibility and poor judgment.

This is a consequence of being a Special District that YOU agreed to in 2018, whether you realized it at the time or not.

Again....don't think any financial analysis was done on OUR behalf.

Who spends $44 million without any forward-looking analysis?  YOUR BOARD.  Shameful.

One more thing:  The Board is required to complete an annual budget and audit as per terms of the bondholders and file this with the state.  They do this flawlessly and without prodding.  They do this because there are consequences with the State of Florida if they don't.

But when it comes to maintaining a 5-year plan, as required by the Charter, they don't.  They don't do this because there is no authority that will come down on them if they don't.  They police themselves.  

To be clear, the 5-year plan is one guardrail that protects the residents to make sure their elected officials are putting pencil to paper and not just shooting from the hip when making huge fiscal recommendations.

So, because no one other than the residents they are supposed to represent have any leverage over them, they simply ignore this responsibility.  Are these the types of people you want representing you going forward?

They demonstrate no respect for the people they represent.  In my opinion, of course, they don't operate with integrity...they operate on the basis of whatever they can get away with.

To maintain control of their story and control the "bully pulpit" that they desperately rely on to stay in power, during Summer 2024, UPRD developed a new tool to push its propaganda.  They called it "FACT FOCUS: Ensuring Clarity on Club Matters."  

They published 5 or 6 of these on in which they artfully tried to rebut email communication from residents opposed to the way they conduct business, their cover-ups and lies.

Ensuring Clarity on Club Matter?  Give me a break

They only published 5 or 6 of these.  They artfully address certain issues to give their best "spin" on certain issues while often missing the big picture.

For instance, In Summer, 2024, in an attempt to address being out of compliance with the charter requiring a Five-Year plan to be maintained ESPECIALLY FOR NEW PROJECTS, this FACT FOCUS addressed Financial Planning and Compliance.

They addressed certain state requirements (budgets and such) giving the appearance to the casual observer that all is fine...nothing to worry about here...

But they never admitted or discussed the fact that they were out of compliance with the Charter which required a Five-Year Plan (at all time...but especially for new projects) before pushing this $21 mm capital spend boondoggle.

If this was corporate America, lawsuits would be flying.

Why doesn't this Board abide by the rule of law and acts so dismissively to the residents to think it doesn't have to abide by its Charter when recommends slapping us all in another $44 million of total debt burden? 

These are not serious people.  These are not fiduciaries.  These are rogue cowboys shootin' from the hip with your money at stake.  

The Town Hall Presentations were full of rosy verbiage but devoid of the most basic information.

Truth in Lending Laws require even used car salesmen to state the total amount of the principal and interest payments that the borrower will incur.

YOUR Board, however, chose not to put this number in writing in any Town Hall.

The number (on average) is $37,000 per home.  Remember, this is a GIFT from homeowners to UPRD.  Homeowners do not have any ownership in the assets of UPRD.  You still need to pay fees to use most of these assets.

You should ask "Why?"

Nowhere did the Board provide this information.  This slide is the closest they came to disclosing any such information on the total costs.

The total burden of debt that these bonds will cost the average home in University Park is FAR MORE than the $3,666 three-year number presented on this slide.  It is a staggering $37,000 (again, on average).

Why did the Board hide the total cost from you?

By purposefully suppressing this number from you, they wouldn't even comply with Federal Truth in Lending Laws.  I would call them worse than used car salesmen, but that would be an insult to used car salesmen (in my opinion, of course).

Certainly, the UPRD Board is pushing an agenda and they don't want any obstacles in their way.

This is YOUR Board's purposeful deceit and misrepresentation and UPRD Residents are the victims. (in my opinion, of course)

Why do our elected officials operate in this fashion when they are supposed to be transparent and acting as fiduciaries for us??

They have stated that if the bond doesn't go through that they will assess $15,000 and that this is NOT a threat.

So they intend on doing this...unless they are not in office at the time.

In February, let's make sure we elect public officials to the UPRD Board who act ethically and lawfully, with integrity, and as good stewards and fiduciaries of our pocketbooks. 

Change is needed unless you want to be assessed $15,000 as this administration promised.

The Town Hall made lofty statements, the most important of which were never supported by any study or the like...just things that sound directionally nice, so it sounds good to the majority of residents who don't pay much attention to these types of issues.

Here is a page from UPRD's Town Halls that touts the $21 million capital spending plan will yield "ENHANCED PROPERTY VALUES."  

The Board was asked many times to show support for this statement and hasn't.

Have you asked your realtor?  Many have and they say that they don't see how any of these capital expenditure lead to special benefits that exceed everyone's $37,000 total burden of debt.

In fact, realtors state that the fact that assessments which can be dictated by a rogue Board is indicative of an unstable and unpredictable assessment environment and actually scares many buyers away who, obviously, want to see stability and predictability when they do their financial planning, including where to live.

ALSO...at one time Chair DICKSON actually stated in a TOWN HALL that these capital projects actually help promote the Diversity and Inclusivity goals of the UPRD.

Really?

When challenged that her statement was without support and was just meaningless virtue signaling, she never mentioned this again...but it is a good example of the pandering that this Board does:  making things sound good to those of you who aren't paying attention (in my opinion, of course).

YOUR Board says a lot of things that aren't true, but which sound good to the undiscerning listener.

Believe it or not, UPRD actually has a CORE VALUE STATEMENT that includes an ethics/integrity statement.  

Actually, UPRD's CORE VALUES Statement states that it will operate with the highest of integrity and ethics.

In my opinion, of course, and based on the stories contained herein, I haven't seen the Board living these values.  Problem is these are just virtue signaling words on paper: the Board chooses to ignore this part of its Values (in my opinion, of course).

It seems to me that the Board's Core Values is not based on operating with the highest ethics, but, rather, what they can get away with from its unsuspecting residents they were elected to serve.

The day after the initial bond Validation Hearing, the Board immediately went forward to begin work in the Golf Course Irrigation System.

In my opinion (of course), this is indicative of the immaturity and lack of fiscal discipline and financial inexperience of this Board on several fronts:

FIRST:  The Board only received 1 bid for the irrigation system.  It was in the range of $5.5 million.  Good Management Practices and the general practice of this Board is to get 3 Bids.  So why the hurry to move ahead with 1 bid?  Remember...the decrepit state of the irrigation system should have been addressed as a purchase price reduction in 2019!  (Now we are paying for it again...in 2024 prices!)  Additionally, two golf course management companies we've talked to state that the average rate to install an irrigation system is typically $3 million per 18 holes...or $4.5 million for our 27 holes (before the efficiencies of doing 27 holes all at once instead of just 18 holes).  So, it seems that our 1 bid is well in excess of industry standards.  We are owed an explanation.  Without such, we can only conclude that the Board could have just wasted at least another $1 million more of YOUR money.

SECOND: This Board was too busy spiking the football and celebrating the "decision" validating the bond from the April 29 hearing.  Still giddy from the [temporary] good news from the bond validation hearing they decided to move ahead with the irrigation system without assurance of if/when funds would be in place to pay for this!  

As such, the Board now finds itself in the horrible financial reality that they are, yet again, over their skis.  Bills are coming due and there are NO FUNDS to pay for this.

This fiscally reckless action they took by themselves.

This is the reason for the recent letter in your mailboxes for another Supplemental Assessment.

So, as cryptically explained in the June 27 Board Business email, the Board had to get approval to enter into a $5 million bridge loan.

This bridge loan is expensive.  There are about $120,000 of direct additional fees associated with this bridge loan in addition to a higher interest rate than the [prohibited] Series 2024 $21,000,000 bonds they are trying get issued.  (When considering indirect costs like legal fees, postage, etc, the costs are closer to $200,000)

MORE TROUBLING is that to get the Bridge Loan, the lender requires collateral for getting repaid at the end of the two-year term in case the bond money never materializes (for instance if an appeal torpedoes the current lower court judge's ruling).

So, guess what the collateral is?

You've never been advised of this potentiality in the Town Halls, because YOUR BOARD didn't have the forethought that it would find itself in this current horrible financial position when it did the Town Halls.  Of course, had it complied with its Charter and/or if the Board Members were fiscally conservative and not fiscally reckless and inexperienced, they would have laid out a plan and timeline to anticipate these additional costs (in my opinion, of course).

So, what they did at the June 27 Board Meeting is plan for YET ANOTHER assessment that will be triggered in 2025 should the Bond financing never materialize.  It will be a one-time payment ranging from $5K - $10K per home to pay off the $5 million bank note and its associated high fees/costs and interest rate.

We all recently received this notice around the week of July 8.

It is disingenuous at the least to put yet another lien on your house to enter into a short-term shylock loan.  But YOUR UPRD BOARD's actions caused this.  It is unthinkable that they do this without YOUR knowledge.

Who are these people?

This is insane.  This must stop.

The equity in our homes are OURS...not to be used by a financially reckless Board under the guise that "Property Values will be Enhanced" without proof.

Instead of sticking residents with these usurious Bank Note related costs, the Board (acting as our fiduciary) should make its attorneys and advisors pay these extra costs for taking legal shortcuts in its attempt to get us $44 million deeper in debt.

They have no credibility left and are no longer deserved of our trust (in my opinion, of course).  What is your opinion?

In my opinion, these people need to go.

Their own actions have put UPRD in a fiscal mess and look at our homes as a never-ending source of free money...free money to them...but money that is effectively a 30-year ball and chain on YOUR homes...whether a) while YOU own them, b) you sell and then some future owner will have to pay.

We need to vote in people who are fiscally responsible, fiscally experienced, fiscally prudent and respectful of YOUR Treasure

The Club Weekly invites all residents to "GET TOGETHER" and will advertise for groups interested in forming.

At least that's what it states on paper.

In practice, however, this is not the case.  Groups will only be approved if they are not deemed a THREAT to the UPRD Board's Agenda of ramming through a [prohibited] $21,000,000 Bond.  Case in point:

GM John Fetsick approved my concept for an Aviation Club (to discuss aviation-related topics)....however, when I floated the idea of a Finance/Legal Club (to discuss Financial and Legal topics), he shut that down.

Why?

I believe that he (and the UPRD Board) is paranoid and afraid that discussions in this proposed club would illuminate the lies, deceit, deception, missteps, obfuscation, and possible fraud that the UPRD Board has done (as documented in this webpage, in court filings, and objections to the recent supplemental assessment) in trying to ram through this [prohibited] bond.

They want to quash any dissenting views to their agenda.  It's like living in a communist country.

This is who these people are.   

Your GM, John Fetsick, has reached deep into the rule book to advise that proposed clubs cannot raise money for political causes or have a religious purpose.  So, these are FETSICK's (and UPRD's) official statement and reasons as to why my proposed Finance and Legal Club was denied.

Problem is, however, my proposed club is not doing any political fundraising or associated with any religion.  

Why is this club denied for me and hundreds of interested residents?  Afterall, UPRD is not a private entiry.  It is publicly held.  I and other residents pay an average of $36,000 for this first bond which is supposedly conferring me special benefits that I now want to take advantage of.

How many voted in FAVOR of the proposed {prohibited] 2024 Bond hoping to use meeting space not knowing that your request is subject to how FETSICK feels about your club and if it fits the narrative that the UPRD is pushing?

Let's cut through the BS.

In my opinion, of course, FEETSICK is worried to death that residents may discuss all of this Board's actions, activities, and proceedings with respect to trying to push through this [prohibited] bond issuance.

This is how this Board has operated for 5 years.  Shut down those who disagree with the "leaders."

FETSICK's actions are discriminatory and violate residents' rights to peacefully assemble and freedom of speech.  This is what happens in China and Russia...and, now, apparently here at University Park.  Is this a fight he really wants to drag UPRD through?  Is this the type of decision we expect from our current GM and the UPRD Supervisors?

Remember:  UPRD is no longer a private country club that can make up its own discriminatory rules.

It is a PUBLIC entity and must comply with the Constitution...a concept apparently foreign to UPRD's Supervisors, Management, and attorneys. 

 By his denial of this rather innocuous club that dozens of residents would enjoy and have asked for, John Fetsick is suppressing free speech and is surely representing the UPRD Board's paranoia that open discussion may derail the Board's agenda of ramming through $44 million of debt burden on its residents.
What is the fear, John?  Why can't you treat all residents as adults.
There is nothing political or illegal about this club.

John Fetsick's and UPRD's suppression of this group meeting is unwarranted, exposes his and the UPRD Board's paranoia of dissention of their [prohibited] bond.

Isn't this what communist countries do?

If YOUR Board has to suppress such a group from meeting, you should ask WHY?  

If their capital expenditure idea is soooo good, then shouldn't it be able to stand on its own merits?

The point is that they have had to lie, fabricate documents, ignore the rule of law and more to keep this [prohibited] bond issuance alive (in my opinion, of course).

So, they resort to these childish and unconstitutional tactics?

Let's get adults on the UPRD Board and running the club. 

POST SCRIPT / UPDATE:

In late September, 2024, UPRD finally acquiesced to allowing the Finance and Legal Issues Club to meet.

The reason the acquiesced is because I, again, threatened litigation if they didn't allow this Club to meet.

I had to remind them that their beloved University Park is no longer a private country club.  When they formed University Park Recreation District, they became a unit of government.  It took UPRD's attorney and General Manager and UPRD's Supervisors three months before they realized they can't legally suppress Constitutional Rights of Freedom of Speech and Assembly in public facilities without facing a potentially financially crippling lawsuit.

It's a shame, really, that UPRD doesn't act ethically and with integrity to simply DO THE RIGHT THING without the threat of litigation.

But, this is how this Board operates.  This isn't a fluke.  This is who these people are.

We need different people in these seats before these characters put UPRD on the bad end of a crushing lawsuit.

These people and their financial advisors and attorneys should resign immediately if this is the acting "with the highest of ethics and integrity."

These are not serious people.

UPRD Residents expect and deserve better.

 In denying the Finance / Legal Club from forming and meeting, John has exposed himself as a hypocrite and protectionist (in my opinon, of course).

He cited that the proposed Finance / Legal club is Political in nature (which it isn't).  YET the MEN's Book Club that IS approved blatantly states in its advertising that it "welcomes diverse political views" (see above).

Seems like a double standard to me.

 Why is he quashing free speech and freedom to assemble in a public space (remember the assets of UPRD are in a public entity, not a private entity) for a Finance/Legal Club that many residents would like to join?  A club that is NOT political or even illegal.

Who is he to determine that non-political, totally legal clubs should be prohibited at a public facility? 

Book clubs are allowed, Bridge Clubs and Canasta Clubs are allowed to meet...why not a proposed Finance/Legal Club?

Is John monitoring the table conversations at the existing clubs and blessing the topics being discussed?

Be careful...Big Brother is watching....and this is childish and not becoming of our General Manager (in my opinion, of course).  We never had these concerns with Laurie Evanas....just saying.  What do you think?

Shameful. 

UPDATE September 19, 2024:  

We have been informed that the Finance/Legal Club will be allowed to meet.  The first advertisement will go out in CLUB WEEKLY on September 27 with the first monthly meeting in November, 2024.  On January 7, 2025 the Club held it's third monthly meeting.

The attendees voted overwhelmingly that the first case study the Club should analyze is UPRD and the related attempted 2024 bond issuance and Supreme Court lawsuit.

....The Florida Gaming Control Commission has opened up an investigation into UPRD allowing illegal, criminal gambling activities and running an illegal card room right on our property.

Let's pause and review:  My proposed Finance/Legal Club proposal does not violate any laws and was denied.

YET, YOUR GM, John FETSICK, and your UPRD Board apparently don't care about potentially illegal activities taking place right under their noses here on UPRD Property.

This is insane!

The advertising of the High Stakes Poker and the Texas Hold'Em groups expose UPRD, its Board, the UPCAI Board, and residents participating in these groups to criminal, illegal gambling activity as these groups potentially violate Florida Statutes 849.085 and 849.086.

So, John, UPRD Board, etc.  please explain yourself...your paranoia is showing.

YOUR Board is supposedly so concerned about "enhancing property values" and the best way they know how is to saddle its residents with another $44 million of debt burden, yet they don't see that hosting an illegal cardroom, violative of Florida Statutes and policed by the Florida Gaming Control Commission Statutes would decrease property values??  Seems to me that being under a Florida Gaming Control Commission investigation puts a stain on our beloved community's reputation.   

In my opinion, YOUR Board is recklessly promoting illegal criminal gambling activity right here in YOUR beloved community.  They should all resign and quit staining the reputation of UPRD further.

We'll have to wait until the Florida Gaming Control Commission concludes its investigation to see what they think.

YOUR Board is more concerned with what color denim you can wear in the dining room than they are in running an illegal cardroom and hosting illegal gambling activity and subjecting UPRD (i.e. YOU) to significant risks in terms of fines and sanctions!

Seems like their priorities are a little messed up.

Treat us all as adults, not as your subjects you rule over.

To my UPRD fellow residents:

These people have exhibited POOR judgment, discrimination, and paranoia.  They want to run YOUR lives as they see fit.

Again, in my opinion, of course, simply...these people need to go!

Based on what you have read herein...what do you think?  Are these the types of people you want to continue to represent us? 

They have and continue to fail us and put UPRD in fiscal and legal jeopardy!

UPRD has a demonstrated pattern of ignoring the rule of law.  Florida's Public Record's Requests statutes are codified in Chapter 119, Florida Statutes.

These statutes are very favorable for the public, making it easy for them to request public records.  Public entities who fail to comply face criminal and civil penalties. 

The theory is that public officials will act ethically and transparently and as fiduciaries knowing that if they don't, they can be easily exposed by Public Records Requests that they must be responsive to.

That's the Theory, at least.

Entities and public officials acting ethically should fulfill these requests routinely and timely.

 UPRD does not operate this way.

They have stonewalled some public records requests for 3 months (in the example of the supposed "email threats received by Chair Dickson" (covered above), some for over 7 months! (read on)

The spreadsheet above is a request from May 26, 2024 that wasn't fulfilled until December 19, 2024 some 7 months later!

All through September, UPRD's story was that they did not have documents responsive to my request.

The request was necessitated when a newspaper reporter doing a story on the bond issues and business practices of UPRD in May, 2024 noticed that UPRD's Officers and even the Bond Trustee executed unapproved, backdated versions of Resolution 2024-13 in March, 2022.

I asked for the documents that would show how these signatures became affixed to an unapproved and backdated version of the Resolution.

All through September I was told "There are no documents responsive to your request."

Finally,  I had enough and on September 20 I told Records Custodian Vivian Carvalho and UPRD's attorney Mark Barnebey:  "I'm not buying it."

Surprise, Surprise.  Look what they found:

On October 1, 10 days after I told them "I'm not buying it" [i.e., their story that these documents don't exist] UPRD's attorney suddenly finds these documents.

Upon closer review, these documents still weren't responsive to my request.

I explained this to UPRD within a few days.  I contacted them 3-4 times over the next 2 months.

CRICKETS.

Again, they said there were no more documents responsive to my request and the request was closed.

Finally, on December 10 I called both attorney Barnebey and Records Custodian Carvalho, left messages, but did not receive the courtesy of a return call.

On December 11, I gave UPRD FORMAL NOTICE that they were in violation with Chapter 119.07(1)(c) of the Public Records act.

I received communication from attorney Barnebey 10 minutes later.

Let me ask you:  Do you think the general public should need to spend money preparing a lawsuit  before a government entity complies with the law?

This is how UPRD plays the game even though their CORE VALUES state they will operate with the highest of ethics and integrity!

Is this ethical?  Acting with integrity?  Acting as fiduciaries?

OR

Is this how you act if you are reticent to disclose embarrassing or possibly fraudulent information?

What should UPRD residents think that UPRD would rather face criminal and civil penalties than be responsive to the public records requested of them?

Should the public have to arm-wrestle UPRD to have them simply comply with the rather black and white law?

Who are these people?

On December 19, some 207 days from the original request and ONLY AFTER threatening litigation I was finally provided the information requested in May.

The next day (December 20) I responded to UPRD:

Thank you, Vivian for completing the records request from July.

All - I reviewed the documents provided with the following conclusions:

1) The information I requested in July was in the Records Custodian's possession all along and should have been easily forwarded to me (the requestor) in July.  Why weren't they?

2) Not doing so means UPRD acted in Bad Faith, contrary to FL Statutes 119

3) My initial requests were not acknowledged by UPRD as required by FL Statutes 119

4) Attorney Gang asked the Trustee to sign an unapproved version of Resolution 2024-13 (dated January 1).  Trustee Schuhle did sign this.  What is still unknown at this time is "Why?" 

5) A review of the legal bills shows thousands of dollars were spent by UPRD to determine how to resolve.  The amount spent is inordinately high for simply being responsive to the public records requests and the simple correction of a "scrivener's error" (per Vivian) and "an unfortunate clerical error" (per attorney Barnebey).  I suspect that the discussions that ensued were not so much on finding the documents but, rather, how to save face about the blatant error made.

6) When Attorney Barnebey forwarded emails found by attorney Gang to me on October 1, those emails were only partially responsive to the Public Records Request.  "Why?"

We will continue to analyze the information provided but acknowledge that this public records request is complete.

Once again...this is UPRD arrogantly thumbing their nose at the rule of law.  Is this what we should expect from UPRD Supervisors and their third-party professionals?

Is this operating in accordance with UPRD's Core Values to operate with the highest of integrity?

Of course not.  For at least the sixth time this year, my request for them to resign was not responded to.

UPRD Residents:  This should not be acceptable to you.  They are an embarrassment to University Park. 

Everyone knows that D&O (Director' and Officers') insurance is required to protect the individuals in an entity servicing in these capacities.

Initially, and every year thereafter, an application is required by the underwriter to make sure they want to continue to insure that entity.

If the entity's directors and officers are a bunch of crooks, then the insurance company will take a pass.

To help determine the risk, underwriter's typically ask Question 2 above:  "Does any officer or employee have knowledge of acts, errors and/or omissions, that might reasonably give rise to a claim or suit?"

Note here in UPRD's September 2024 application, they refused to answer the question.

Wait...What?  

Why would an entity do this?  Why would UPRD do this?

Probably because in September, 2024 UPRD had knowledge of MANY, MANY things that may give the underwriter a reason to NOT renew this needed insurance.

So, UPRD simply and purposefully avoids answering this question?

Is this ethical?

Worse yet, inaccurately filling out this application exposes residents to uninsured losses meaning we would be assessed yet again for the mistakes of this current administration.

Who are these people?

If you are a supporter or maybe friends with these Supervisors and made it this far into this website...how can you continue to support the way this Board conducts business?

Continuing to support UPRD's well-document unethical actions makes you an enabler and doesn't speak much for your character. 

Why would you continue to tarnish your reputational capital by supporting their behavior, well-documented in this web site?

Seriously.

The application includes FRAUD WARNINGS:

Florida applicants are warned:  "ANY PERSON WHO KNOWINGLY AND WITH INTENT TO INJURE, DEFRAUD, AND DECEIVE ANY INSURER FILES A STATEMENT OF CLAIM OR AN APPLICATION CONTAINING ANY FALSE, INCOMPLETE, OR MISLEADING INFORMATION IS GUILTY OF A FELONY IN THE THIRD DEGREE."

So here we have an incomplete application.  It sure appears that UPRD wants to avoid disclosing certain information to the underwriter.  As such, UPRD appears to commit insurance fraud, a Felony of the Third Degree!

Yet, they do this.

Who are these people putting UPRD residents at financial risk for potentially having to come up with the legal costs to defend them?

Who are the people who continue to support this group of "leaders?"

FURTHER, the person completing the insurance application (in this case, General Manager Fetsick), attests that the statements are true, that everything has been fully disclosed, and that the application is signed KNOWING THAT any omission won't be covered.

And here he signs it September 13, 2024.

Isn't this the ultimate IRONY?:

UPRD needs D&O insurance to protect them from errors and omissions and professional liability issues that they may find themselves in.  YET, they choose to purposefully omit known facts, thus rendering the insurance protection worthless for the omitted issues.

Yet, they do this.

Who are these people putting UPRD residents at financial risk for potentially having to come up with the legal costs to defend them?

Is GM Fetsick filling out this application by himself?  Or has he sought and received coaching on how to knowingly sign an incomplete insurance application by, for instance, UPRD's attorneys?

In any event, this sure appears to be a purposeful attempt to suppress material information from the underwriter!  Their actions are embarrassing to us residents, they expose us to financial risk, and they certainly are NOT CONSISTENT with our Core Values.

This is how UPRD conducts business and it is in violation of its Core Values.

Let's face it:  UPRD's Core Values including stating that it will "operate with the highest of ethics" is just meaningless words on paper.

It is a joke.

These Supervisors do not deserve to be re-elected.

Change is needed.

People with common sense, good ethics, and who act as fiduciaries for the residents. 

ONE day before the current policy expires and before the new policy would take effect, the underwriter apparently caught wind of this incomplete application and made UPRD answer the question that it purposefully avoided answering initially.

The information in red was added to the application to answer Question 2 which they previously left blank.

There are a half-dozen or so issues that UPRD first failed to disclose to the underwriter.

Such hypocrisy.

If I were the underwriter and caught an applicant trying to pull one over on me, I'd simply quit doing business with them...not give them another chance to complete the application with what should have been provided the first time!

It is evident that integrity and ethics are lacking at an entity that tries to get away with this. 

And this from an entity whose CORE VALUES include a statement that they will operate with the highest ethics!

Give me a break.

UPRD should be ashamed and embarrassed that its personnel try to defraud an insurance underwriter!

They say they operate with integrity and are transparent and accountable and to be trusted...but the world knows better.  

Time after time after time, in the examples above and otherwise, UPRD has shown us who they are.  

They tell us they are operating ethically.  That they don't lie, etc...

We hear them telling us that.  Unfortunately for them, we SEE what they are doing yet they seem to say to us:

"Who are you going to believe, us, or your lying eyes?"

Yes...they have shown us who they are and I believe what I see...

...AND YOU SHOULD ALSO!

UPRD needs to change these Officers and third-party professionals who have caused this community so much money and who have dragged our reputation through the mud.

I have asked them many times to resign, but they haven't.

They must be voted out in the February 2025 election.

UPRD Residents deserve and expect better!

In my opinion (and I was there and had a front row seat), the April 29, 2024 lower court Bond Validation Hearing was nothing more than performative:  In my opinion, a friendly judge shuffled some papers and pretended to review all the evidence.  At the end of this 1 hour hearing, the court ruled to validate UPRD's $21 mm 2024 Series bonds.  

Upon this verbal ruling, UPRD Supervisors in attendance high-fived each other and spiked the football with a celebratory e-mail to the community.

Not satisfied that the judge ruled correctly, I appealed.  When bond validations are appealed in FL they bypass district courts of appeals and go directly to the Supreme Court.

Keep in mind that I am NOT an attorney.  I had to educate myself very quickly on the basics of law, appeals, court filings, and such.

While UPRD was busy beginning work on the irrigation system without assurance of funds to pay for it, I filed my Notice of Appeal on the deadline day (30 days from Final Judgement) of June 14.

Then, as Appellant, I filed the INITIAL BRIEF on September 27

UPRD responds by filing its ANSWER BRIEF on October 27

As the Appellant, I get the final voice in an appeal and I filed the REPLY BRIEF on December 2.

I also file a Request for Oral Argument on December 17 (The FL Supreme Court doesn't have to grant this request, but I hope they do).

These Briefs can be read in the PDF viewers below.

Please take some time to educate yourself as to the legal issues involved in this appeal.  There is a lot of misinformation floating around by people who do not understand the issues involved...they just bash the fact that an appeal is occurring with no understanding as to why.

These are the same people who think UPRD can do no wrong.

Hopefully, after reading the information in this web site they have changed their minds and realize that UPRD deserves better leadership!