CDD Aug 2022 Re-cap
Start: 6:00pm
Present:
Supervisor Nargi (Zoom 6:07pm) (in person ~8pm)
Supervisor Leventry (Zoom)
Supervisor Trisha
Supervisor Wick
Supervisor Maurer
Also Present:
Jordan Lansford, DM
Darrin Mossing, President, GMS
Mike Eckert, DC
Matt Davis, Upland Claims (Zoom)
Brad Foran, DE (6:18pm)
Kyle Darin, Vesta
John Markunas, Vesta
Jennifer Ashley, Vesta
Julie Cortina, Vesta
Amend the agenda adding an item under District Counsel- Resolution 2022-16 Defense and Indemnification (Resolution 2016-07 included for reference)
Motion to amend the agenda (Maurer to fill out form 8B) Supervisor WIck Supervisor Trisha 4-0
III. Audience Comments on Agenda Items
The Board heard audience comments
IV. Presentation of Audience Comment Follow-Up Sheet
V. Business Items
A. Red Tree Landscape Monthly Report & July Irrigation Inspection Report & Item E. Discussion of Landscape Maintenance
Motion to terminate Redtree, provide 30-day notice on contract without cause and enter into short-term contract (4-months) with another landscape vendor 1: Supervisor Leventry 2: Supervisor Wick 4-1 (Maurer)
Prior to the vote, the Board took audience comments (1 comment)
*place Landscape RFP on the September agenda for approval
B. Upland Claims – Matt Davis
Garcia (5719 Tortoise)
Mr. Garcia purchased the property in 2011 and alleges upland damage caused by the seawall repairs. In May, the Board agreed to initiate the upland claims process and have Cardno conduct an inspection. Cardno determined that the alleged damages are consistent with seawall movement, but that cracks in the upland retaining wall pre-dated the 2019 seawall repairs. There were some upland damages, such as the fence separation, that were not present (or at least not observed) before the 2019 seawall repairs. Accordingly, the Board approved having Burby Engineering obtain estimates to repair the fence. Burby received an estimate in the amount of $1,000.
Motion to approve 1: Supervisor Leventry 2: Supervisor Wick 5-0
Rosser (530 Islebay)
In May, the Board elected to take no further action with respect to Mr. Rosser’s claim. At the July meeting, after Mr. Rosser spoke during audience comments, the Board requested that we re-visit the claim. We reviewed the file again. Cardno has photos of the upland damage at Mr. Rosser’s property from August 2017. According to Hillsborough County property records, Mr. Rosser purchased the property in 2009. Thus, the damage was evident while the Upland Claims Process was ongoing and before the District sent letters to all canal front owners requesting that they inspect their property and submit claims if appropriate.
(Provide flyer from Cardno- also place on website *attached*) Engineer to review the voids Mr. Rosser described and provide report at next meeting. Management & Engineer to ask Rosser to provide documentation on repairs.
Golden (829 Islebay Drive)
The Goldens made an upland claim in 2019 which the District paid pursuant to a settlement agreement dated on or about March 9, 2020. Subsequent to that and the seawall repairs, the Goldens claim there is a ponding / drainage issue in the easement adjacent to the seawall. They also claim that voids have formed adjacent to the seawall. The District Engineer is going to coordinate with Earth Tech to fill the voids and determine if the ponding / drainage issue is covered by the Earth Tech warranty, and, if so, correct that as well.
We would also like to discuss getting the District Engineer involved on two potential issues: 1) a potential easement encroachment pertaining to pavers / landscaping stones that may be impacting the drainage; and 2) identifying the cause of the drainage issues, if not covered by the Earth Tech warranty.
With respect to the easement encroachment, we’d like to have the District Engineer determine if the pavers / landscaping stone encroach on the easement and its functionality. If that is the case, we’d like to have District staff send a letter demanding the removal of the encroachment in order to protect the District’s easement.
Second, we’d like to have the District Engineer investigate the cause of the drainage issues if they are not covered by Earth Tech’s warranty. After determining the cause, we will then need to determine whether there any obligation on the District’s part to correct the problem and/or whether the claim was released in the prior Settlement Agreement and/or Encroachment Agreement the Goldens executed. I will brief the Board after conducting that analysis.
Matt Davis firm to send demand letter asking resident to remove the stone walkway that is potentially encroaching CDD area causing the issues described by Mr. Golden. Once walkway is removed, if the issues still occur and are unrelated unrelated to the encroachment
Lombardi (801 Islebay) – provided comment. Board direction to have on-site visit (send Brad the memo’s)
C. MiraBay Visual Inspection Report for August 2022 – Field Operations
D. Public Hearing to Adopt the Amended & Restated Rule Regarding District Waterways & Boating Facilities, Resolution 2022-15
Mike to make edits to the rules and include on the September agenda
Motion to open the public hearing 1: Supervisor Wick 2: Supervisor Trisha 5-0
Wick- would like registration to stay with an address as opposed to a specific vessel
Motion to continue the public hearing to the September 15, 2022 meeting 1: Supervisor Wick 2: Supervisor Leventry 5-0
VI. Staff Reports
A. District Counsel
1. Resolution 2022-16 Defense and Indemnification (Resolution 2016-07 included for reference) *ADDED*
Motion to approve Resolution 2022-16 1: Supervisor Wick 2: Supervisor Trisha 4-0 (Supervisor Maurer abstain)
2. Status of Sports Surfaces, LLC Agreement
Motion to engage Matt Davis’ firm to represent the District in seeking recourse against Sports Surfaces 1: Supervisor Wick 2: Supervisor Nargi 5-0
3. Report on Meeting with Park Square
Motion to extend the initial trial period on the acquisition agreement with Park Square to March 1, 2023 1: Supervisor Wick 2: Supervisor Trisha 5-0
Counsel to bring amendment
*Counsel provided an update on mangrove trimming & canal blockage.
B. District Engineer
1. Presentation of Lighthouse Engineering Project Schedules
2. Update on Transition of District Engineering Services
*Brad to provide written report for the next meeting as well as a transition update
C. District Manager – Townhall Meetings Schedule
January 12 meeting already advertised.
Board approved the Townhall meeting dates as amended 1: Supervisor Trisha 2: Supervisor Wick 5-0
*Darrin gave an update to the Board – username and passwords for each Supervisor to be provided
Add Financial document to the September agenda package
D. General Manager, Field Operations Manager & Amenity Manager
1. General Manager Report
Introduced Hannah Hale. Net expenses to be included on the September agenda (Kyle, Hannah and Jordan to hold meeting)
2. Amenity Manager Report
i. Christmas Lights Proposal – Giella Designs
Motion to approve the Christmas lights 1:Supervisor Nargi 2: Supervisor Trisha 5-0
3. Field Operations Manager Report
*Supervisor Leventry – ask field to go ahead and seek repair proposals. These to be added to the September agenda – Board agreed.
Motion to allow $50k for sidewalk repairs this FY 22 1: Supervisor Wick 2: Supervisor Nargi 5-0
*John- reached out to Custom Reserves for updated Reserve Study, cost was $4500.
Tree in the ROW – since the limb is a liability blocking the stop sign Red Tree to trim tree in front of Cheryl Anderton’s home.
VII. Consent Agent Items / Business Administration- Consent agenda has its own header page
A. Minutes of the July 21, 2022 Meeting- put this on the September agenda
B. July 2022 Check Register
C. June & July 2022 Financial Statements
D. Special Assessment Receipts Schedule
Motion to approve items B-D 1: Supervisor Nargi 2: Supervisor Wick 5-0
VIII. Other Business- none
IX. Supervisor Requests
A. Supervisor Wick – Move staff reports to the beginning of the agenda. Add bookmarks on the actual PDF agenda, not just on the iPads, in addition all pages should have the “who, what, where” not just the Vesta or proposal items. – *Mandy
Clarity on landscape – Staff to provide letter of termination, Kyle to reach out to landscape for temporary contact. Motion for NTE $195k for landscape 1: Supervisor Trisha 2: Supervisor Nargi 5-0
Thanked Jen and John for their work
B. Supervisor Maurer- Thanked Jen
C. Supervisor Nargi- Thanked Jen
D. Supervisor Trisha- Thanked Jen, touched on the importance of boating patrol, asked status of the tree inventory program- Kyle to check with Doug on the availability of the license to use the program. Exploring conversion of tennis court to 4 pickle ball courts.
E. Supervisor Leventry- Thanked John for his report as well as thanking Jen as well as the GMS team. Dan would like username and password.
X. General Audience Comments
The Board heard audience comments.
XI. Adjournment- 9:23pm 1: Supervisor Nargi 2: Supervisor Wick 5-0