Harbor Bay CDD March 2023 Meeting – Recap
Regular Meeting
Start: 6:05pm
Present:
Dan Leventry
Dean Walters
Tim Nargi
Michael Rodriguez
Also Present:
Jordan Lansford, DM
Mike Eckert, DC
Kyle Darin, Vesta
John Markunas, Vesta
Jenn Ashley, Vesta
Paul Woods, OLM (Zoom)
Amy Palmer, DE (Zoom)
V. Business Items
A. Upland Claims – Matt Davis
Upland Claims – Last month the Board voted to approve a settlement with Rosser up to $25,000. The Rosser estimates came in under $25,000, so we conveyed the settlement offer to him last week in the amount of $22,756.15. There are no other pending upland claims or anything for the Bard to consider regarding upland claims at this time. The Bauers (502 Islebay) have not provided the requested documentation, and the Board took no action with respect to the Cox claim (5701 Tybee) at last month’s meeting. – Follow-up with Matt on status
1. Sports Surface Update
Sports Surfaces – Sports Surfaces avoided a default by having an attorney make an appearance in the lawsuit. This means that we will not be able to get a default judgment as discussed last month. Instead, we will have to pursue a resolution through litigation. However, I spoke with Sport Surfaces’ attorney last week, and, given the relatively low amount in controversy, $24,172.50, neither of us wants to incur a lot of attorneys’ fees in what should be a straightforward issue. Recall that the contract requires Sport Surfaces to return the deposit, except that it was entitled to be paid for costs incurred (i.e. if it purchased materials for the project). Sport Surfaces previously claimed it incurred costs (and was thus entitled to keep the deposit), but it provided no documentation to support the claim. As I discussed with him last week, Sport Surfaces’ attorney is going provide evidence of the costs Sports Surfaces if such evidence exists. I just followed up with him today. I am hopeful that we’ll have the documents and information in time for the April Board meeting so I can make a settlement recommendation to the Board.
B. LT Kim Weekly Reports
C. OLM Report for February
D. Russell Report for February
E. Ratification of Addendum to Agreement for Landscape Maintenance Services with Russell Landscape- Motion to ratify 1: Leventry 2: Nargi; 4-0
F. FL Class Investment Discussion- Motion to approve removing 8 months of operating capital and move into MMF, leave the rest in FIT 1: Leventry 2: Walters; 4-0
G. Discussion of Retention of Outside Legal Counsel- Motion to approve 1: Leventry 2: Nargi; 4-0
H. Consideration of Resolution 2023-08 Setting a Public Hearing to Adopt the Amended Rate Ranges for the Gallery Café Menu Items and Related Notices (April 20, 2023)- Motion to approve Resolution 2023-08 1: Leventry 2: Nargi; 4-0
I. Consideration of Resolution 2023-09 and Notices for Reduced Street Tree Rates- Motion to approve Resolution 2023-09 (April 20, 2023) Motion to approve 1: Leventry 2: Nargi; 4-0
VI. Staff Reports
A. District Counsel
1. Request for Board Direction Regarding Dispute with JAH Architects- no further action
B. District Engineer
1. District Engineer Report
2. Earth Tech Repair Update
3. Hecker Seawall
a. 413 Islebay Drive
b. 415 Islebay Drive
c. 5610 Skimmer Drive
d. 5701 Tybee Island Drive
4. Consideration of Lyvwell Request for Execution of Owner’s Affidavit- Motion to approve subject to adding District Engineer as an authorized agent 1: Nargi 2: Leventry; 4-0
C. District Manager
1. Traffic Enforcement Agreement – approved 1: Leventry 2: Nargi
2. Acknowledge on HOA Issue- Motion to approve 1: Leventry 2: Walters; 4-0
D. General Manager, Field Operations Manager & Amenity Manager
1. General Manager Report
a. Street Tree Removal Process
Pool Furniture proposal $87,864. 34 1: Leventry 2: Nargi; 4-0
2. Amenity Manager Report
3. Field Operations Manager Report
VII. Consent Agent Items / Business Administration- motion to approve 1: Leventry 2: Rodriguez; 4-0
A. Minutes of the January 19, 2023 Meeting
B. Minutes of the January 19, 2023 Audit Committee Meeting
C. Minutes of the February 16, 2023 Meeting
D. February 2023 Check Register
E. February 2023 Financial Statements
F. Approval of License Agreement for Dog Waste Station on Park Square Property
G. Recommendation of Audit Committee- move forward with Grau starting FY23 (not FY22 as proposed)
H. Dock & Lift Application Review- subject to submission of complete applications
1. 803 Manns Harbor
2. 5241 Brighton Shore
IX. Supervisor Requests
Nargi: Rescind Motion from September 17, 2020 Minutes- Motion to rescind 1: Nargi 2: Walters; 4-0
page 9 of 17 , Lines:
357 On a motion by Mr. Curley, seconded by Mr. Wick, with all in favor, the Board approved the amenity
358 center enhancements as proposed, in an amount not to exceed $200,000, for the Harbor Bay Community
359 Development District.
Leventry: Thanked GMS for SOTU provided at last meeting and Kyle from Vesta for all of his work over the past 2 years
Walters: Gym cleanliness- Vesta asked cleaning company to increase service (will follow-up), Board direction: enter into cost-share agreement for landscape maintenance
Trisha: Sheet Panel -hold them
Rodriguez: Set shade session for next meeting to discuss security cameras
X. General Audience Comments- The Board heard audience comments
XI. Adjournment: 7:33pm 1: Leventry 2: Nargi; 4-0