HBCDD February 23′ Recap

Published February 17, 2023 | By Tim Nargi
Start: 6:00pm
 
Present:
Dan Leventry
Tim Nargi
Trisha Nesse-Wyssbrod (Zoom)
Dean Walters
Mike Rodriguez
 
Also present:
Jordan Lansford, DM
Darrin Mossing, President GMS (Zoom)
Mike Eckert, DC
Matt Davis, Upland Claims
Kyle Darin, Vesta
John Markunas, Vesta
Jenn Ashley, Vesta
Amy Palmer, DE
Brad Foran, DE
Matt Tight, FL Investment
Greg Pittman and Marcos, Russell Landscape 
Kim Lee, LT Kim Landscaping 
Paul Woods, OLM
Motion to amend agenda adding the below items 1: Nargi 2: Leventry; 5-0
OLM Report
DTE Invoices
Capital Reserve Summary
III. Audience Comments on Agenda Items
 
IV. Presentation of Audience Comment Follow-Up Sheet
 
V. Business Items
 
Moved here—> H. FL Class Investment Discussion
 
– Send out side by side historical comparison over the past 12 months, 3 years and 5 years of FIT for the reserve fund
 
A.  Upland Claims- 
 
Rosser (530 Islebay) – Burby Engineering conducted its independent inspection on February 3.  I spoke with Burby’s engineer on Monday, February 13.  It is still waiting on one final estimate, but is trying to get it before tomorrow night. Board approved a NTE $25k pending the final bid and analysis from Matt Davis 1: Leventry 2: Nargi; 5-0 
 
Neil Cox (5701 Tybee) – This was a seawall repair test property and the property owner has requested that the property go through the Upland Claims Process because of upland settlement and damage.  However, it appears that the seawall was repaired before Mr. Cox’s home was constructed in 2020.  Therefore, I recommend first seeing if the engineer can determine whether there has been any further seawall movement after the repair work was completed. – Board direction not to move forward 
 
Bauer (502 Islebay) – These residents submitted an intake form (attached) requesting that their property go through the Upland Claims Process.  The Bauers purchased the property in 2021.  The Board’s decision is whether to authorize the Upland Claims Process for this property.   – Will be brought back to next meeting with additional information 
 
Upland Claims Intake Process generally – given the continued influx in upland claim requests coupled with the election of new Board members, I wanted to briefly discuss the Upland Claims Intake Process and ensure this is the still the proper protocol the Board wishes to use:
 
    1. Resident submits intake form to the District Manager who then sends to Uplands Counsel and the District Engineer;
    2. Counsel and the Engineer then initially review when home/uplands were built, when the resident purchased the home, if/when the seawall was repaired and when the resident identified the damages. 
    3. All of this information is presented to the Board to determine whether to authorizing the Upland Claims Process for each particular property (which then begins with the District Engineer inspecting the property).
B. Sports Surface Update- attached  is the signed final judgment affidavit for Sport Surfaces 
 
  1. Sport Surfaces – Sports Surfaces has still not responded to the lawsuit and the Clerk has entered a default. I have drafted a motion for entry of final judgment after default, and will have it filed this week.  
C. Hecker Update
 
  1. Hecker Warranty Issues – Lighthouse has discovered additional issues with, or adjacent to, the seawall portions that Hecker repaired at the following locations.  Recall that after having to file suit against Hecker last time (regarding the concrete spalling), we were able to get Hecker to agree to perform the repairs.  Assuming no objection from the Board, I will reach out to Hecker to see if it is willing to make these repairs at no cost to the District.  If it refuses to do so, I’ll conduct an analysis of Hecker’s warranty obligations and potential statute of limitations issues and provide the Board with options next month.  
    1. 5712 Sea Turtle Place – small depression at seawall. 
    2. 5613 Skimmer Drive – small depression at seawall. 
    3. 5610 Skimmer Drive – small amounts of erosion at seawall. 
    4. 415 Islebay Drive – erosion and upland wall failure. 
    5. 502 Islebay Drive – small depression
    6. 413 Islebay Drive – erosion 
D. LT Kim Weekly Reports
—> additional item OLM Report
E. MiraBay Visual Inspection Report for February 2023 – Field Operations
F. Continued Public Hearing to Adopt the Amended & Restated Rule Regarding District Waterways & Boating Facilities, Resolution 2023-01
Motion to open the public hearing 1:Leventry  2: Nargi; 5-0 
 
Motion to continue the public hearing until May 18, 2023 1:Leventry  2: Walters; 5-0 
G. Public Hearing Adopting the Revised Suspension & Termination Rules, Resolution 2023-07
Motion to open the public hearing 1: Leventry 2: Nargi; 5-0 
 
Motion to close 1: Leventry 2: Rodriguez; 5-0 
 
Motion to approve resolution 2023-07 1: Leventry 2: Walters; 5-0 
VI. Staff Reports
A. District Counsel
Motion to reduce pollution insurance to $1mm from $2mm for landscaping vendors 1: Leventry 2: Trisha ; 5-0 
 
Redtree hearing set for March 20, 2023 
B. District Engineer
1. District Engineer Report
2. Presentation of Lighthouse Engineering Schedules
3. Earth Tech Repair Update
4. Hecker Seawall
a. 5712 Sea Turtle Place
b. 5613 Skimmer Drive
c. 5610 Skimmer Drive
d. 413 Islebay Drive
e. 415 Islebay Drive
801 Islebay survey performed on the swale 
C. District Manager
—> additional item Capital Reserve Study 
 
—> additional item DTE Invoices
 
Motion to approve paying DTE with a NTE of $65k 1: Nargi 2: Leventry; 5-0 
D. General Manager, Field Operations Manager & Amenity Manager
1. General Manager Report
2. Amenity Manager Report
3. Field Operations Manager Report
a. Tennis Court Clay Refresh
Motion to approve Tennis Court proposal 1: Nargi 2: Walters; 5-0 
VII. Consent Agent Items / Business Administration- motion to approve 1:Leventry  2: Trisha; 5-0 
A. Minutes of the January 19, 2023 Meeting (to be provided under separate cover)
B. Minutes of the January 19, 2023 Audit Committee Meeting (to be provided under separate cover)
C. January 2023 Check Register
D. January 2023 Financial Statements
E. Ratification of Agreement for Landscape Maintenance Services with Russell Landscape
F. Ratification of Agreement for Landscape Maintenance Services with LT Kim
G. Consideration of Mulch Proposal
H. Consideration of Proposal for Phase Two of Landscape Refresh
I. Consideration of Proposal for Hip Roof Awning Cover by Lap Lanes
J. Dock & Lift Application Review
IX. Supervisor Requests
Rodriguez: next downhill meeting date
Walters: motion to add doggie station on park square 1: Leventry 2: Walters; 5-0 
Leventry: None
Nargi: None
Trisha: None
X. General Audience Comments
Motion to expel Steve Lockom from the meeting 1: Leventry 2: Nargi; 5-0 
XI. Adjournment: 8:14pm 1: Walters 2: Leventry; 5-0