HBCDD May 23′ Recap
Start: 6:00
Present:
Tim Nargi
Trisha Nesse- Wyssbrod
Michael Rodriguez
Also Present:
Jordan Lansford, DM
Darrin Mossing, President GMS
Mike Eckert, DC
Kate John, Kutak Rock
Brad Foran, DE
John Markunas, General Manager
Mark Isley, Field Manager
Jenn Ashley, Amenities
Will Dutton, Russell
Lyvwell- Court Reporter
Paul Woods, OLM (Zoom)
II. Pledge of Allegiance
III. Audience Comments on Agenda Items
IV. Presentation of Audience Comment Follow-Up Sheet
V. Business Items
A. Upland from Matt Davis
I’m writing to update you on the Sport Surfaces litigation. Sport Surfaces formally responded to the lawsuit (I have attached its Answer). It claims that it purchased a custom shelter from Superior Recreational Products before termination. The Contract with Sport Surfaces did require it to provide and install the shelter from Superior. However, Sport Surfaces only provided an estimate (see attached) in response to my informal request for documentation supporting its claim that it incurred costs before termination. The estimate does not establish that it actually incurred any costs. I have asked Sport Surfaces’ counsel for evidence of payment, as opposed to merely an estimate, but I received no response.
Accordingly, I have sent formal discovery requests to Sport Surfaces that will require it to produce all documents and information supporting its claim that it incurred costs before termination. I am keenly aware of the attorneys’ fee issue and am doing my best to minimize the costs (although the Contract with Sport Surfaces does entitle the “substantially prevailing party” in litigation to its attorneys’ fees). The discovery requests I am sending are narrow and targeted at documents and communications supporting costs incurred. Sport Surfaces has 30 days to respond to the discovery requests under the Florida Rules of Civil Procedure.
B. OLM Report for April
C. LT Kim Weekly Reports- coordinate with Mr. Kim and Russell for a meeting (Jordan/John)
D. Russell Reports for April & Horticultural Services Production Logs
Motion to approve Russell for Irrigation WUP and Reporting 1: Trisha- no second, motion fails
Board direction: place LT Kim proposal back on the June 1 agenda & the Russell bid- John to clarify Irrigation Management Service with LT Kim
E. Continued Public Hearing to Adopt the Amended & Restated Rule Regarding District Waterways & Boating Facilities, Resolution 2023-01-
Motion to open the public hearing and continue the hearing to June 15 2023 meeting 1: Nargi 2: Rodriguez; 3-0
F. Consideration of Amenity Policy Change- Motion to adopt Amenity Policy change 1: Nargi 2: Trisha; 3-0
G. Lyvwell:
1. Ratification of Lyvwell Termination Letter for District Funding Agreement-
Motion to ratify and return $20k Lyvwell for the funding agreement 1:Nargi 2:Trisha; 3-0
2. Ratification of Affidavit
Motion to ratify 1:Nargi 2:Rodriguez ; 5-0
3. Discussion of Notice to Cure
4. Other Actions
Motion for Chairman to continue as liaison & have informal conversation with Lyvwell 1:Nargi 2: Trisha; 3-0
H. Consideration of Resolution 2023-11 Approving the Proposed Budget for Fiscal Year 2024 & Setting a Public Hearing Date for Adoption-
Board direction: move to June 1 and set final hearing date to August 17
I. Revocation of License for Morgan- motion to revoke license agreement 1: Nargi 2: Trisha; 3-0
VI. Staff Reports
A. District Counsel
B. District Engineer
1. Presentation of Lighthouse Engineering Schedules
2. Dock Variance Discussion
3. Erosion/Pond Repair Timeline
4. 810 Islebay Drive: Backyard Swale Repair- Brad to provide quotes during the June meeting
C. District Manager
1. Number of Registered Voters in the District – 2,594
D. General Manager, Field Operations Manager & Amenity Manager
1. General Manager Report- tree estimate pool by June 1 LT Kim (John)
2. Amenity Manager Report
3. Field Operations Manager Report
a. Consideration of Proposal from LT Kim for WUP Reporting- Board direction: place LT Kim proposal back on the June 1 agenda & the Russell bid- John to clarify Irrigation Management Service with LT Kim
b. Consideration of Proposal from LT Kim for Irrigation Maintenance – Part 1- Board direction: place LT Kim proposal back on the June 1 agenda & the Russell bid- John to clarify Irrigation Management Service with LT Kim
c. Consideration of Proposal from LT Kim for Irrigation Maintenance – Part 2- Board direction: place LT Kim proposal back on the June 1 agenda & the Russell bid- John to clarify Irrigation Management Service with LT Kim
d. Consideration of Proposal for Pond Erosion Repair for Manns Harbor
e. Consideration of Proposal from LT Kim for Palm Replacement- Move proposal to the fall
f. Consideration of Service Agreement with Accurate Wells- Agreement needed- Motion to approve quarterly 1: 2:
VII. Consent Agent Items / Business Administration- Motion to approve as presented 1: Nargi 2: Rodriguez; 3-0
A. Minutes of the April 20, 2023 Meeting
B. April 2023 Check Register
C. April 2023 Financial Statements
D. Dock & Lift Application Review
1. 717 Manns Harbor Drive – Jonnet
2. 5219 Wishing Arch – Grace
3. 5217 Wishing Arch Drive
IX. Supervisor Requests
Rodriguez: N/A
Nargi: N/A
Trisha: shared positive comments towards Vesta for their hard work
X. General Audience Comments
XI. Attorney-Client Session @ 7:45: Motion to schedule the regular meeting for June 15 @ 7:45 1: Nargi 2: Trisha; 3-0
XII. Adjournment- motion to continue the meeting to June 1st at 6pm 1:Nargi 2: Rodriguez; 3-0