CDD Recap Aug 2023
IV. Business Items
A. Report from Matt Davis
- Sports Surfaces Litigation:
Sports Surfaces produced documents to us on July 20. Nothing in the documents, however, demonstrates that Sport Surfaces actually made payment to Superior Recreational Products for the shade structure as it continues to claim. Superior is not a Florida company, therefore it makes issuing a document subpoena (i.e. for evidence it received payment) to it a bit more difficult and time consuming. To cut right to the chase, I have served a request for admissions to Sport Surfaces to admit or deny under oath whether it issued payment to Superior. They must respond to this request by August 28. Recall, Sport Surfaces offered $7,500 to settle this case. That is less than a third of what the District is seeking, $24,172.50, and makes no provision for the attorneys’ fees the District has incurred as a result of Sports Surfaces refusal to return the deposit or demonstrate its entitled to keep it.
- McKelligott Settlement:
My understanding is that a shade session has been noticed (August 11) and we will be discussing the McKelligott’s settlement demand. Andy Salzman has been defending the District in the litigation, and he will be in attendance.
- Strohm Claim, 521 Islebay Drive:- Board direction: no action- homeowner needs to resolve with previous property owner.
Roderick and Lisa Strohm have submitted the attached District Repair Request Form and have requested that the District allow their property to go through the uplands claims process. The Strohm’s purchased the property in February 2023 and claim to have first noticed the upland retaining wall damage that month. The prior owners, the Espinos, submitted a claim the District denied in 2020 as untimely. The Espinos also alleged damages to the upland retaining wall. The Espinos did not identify issues with the upland retaining wall in the seller’s property disclosure associated with the February 2023 sale. Further, it appears that the owners before the Espinos also identified similar damage to the upland retaining wall in 2016 and notified the Espinos before the sale (based on the Espino’s representations in their upland claim form).
The issue for the Board’s consideration is whether to authorize the upland claims process for 521 Islebay. The first step in the process would be for the District Manager to inspect the site and make a determination as to whether the upland damages resulted from the seawall movement or replacement construction.
- Garcia Claim, 5719 Tortoise Place: – provide photos from 2017
The District offered Mr. Garcia $1,000 in response to his upland claim, and Mr. Garcia rejected it. He has apparently retained counsel who made a statutory insurance request to the District on August 3, 2023. We have provided the notice to the District’s insurance company and will update the District if Mr. Garcia files suit. At that point, we will again request that the District’s insurance carrier provide a defense to the District.
B. Acceptance of Resignation Letter from OLM- September 8 will be last day for OLM, last bill will be for the August inspection
Motion to accept 1: Leventry 2: Rodriguez; 4-1 (Trisha)
C. Acceptance of Resignation Letter from Russell Landscape- October 25, 2023 will be Russell’s last day
Board direction- resignation is not valid and will not accept resignation.
D. OLM Reports for July
Motion to withhold 25% payment to Russell landscaping due to score of 78% on OLM report (monthly cost is $24,390) 25% would be $6,097.50 – payment for next month’s invoice should be $18,292.50 1: Walters 2: Leventry; 5-0
E. LT Kim Weekly Reports
F. Russell Reports for July, Horticultural Services Production Logs & Irrigation Reports
G. Consideration of Proposals for Landscape Maintenance Services for Turf & Irrigation Services (Trisha stepped out 6:30pm, back 6:33pm)
Motion to reject all proposals submitted and go into direct negotiations 1: Leventry 2: Nargi; 4-0
Motion to enter into negotiations for both Turf and Irrigation first, with LT Kim, if negotiations do not succeed with LT Kim, negotiations with Parrish will follow, if Parrish negotiations to not succeed, enter into negotiations with United 1: Leventry 2: Walter; 5-0
Motion to send Russell a 30-day notice with cause for termination – notice will commence once agreement has been reached with the new landscaping vendor 1: Leventry 2: Rodriguez; 5-0
1. Brightview
2. United Land Services
3. Kim’s Landscape & Lawncare
4. Parrish Lawn Care
H. Discussion of District Counsel Services
Motion to accept resignation letter from Mike Eckert as well as Kutak Rock effective October 1, 2023 1: 2:
Scope of services- counsel to attend all meetings either in person or on phone, fixed price at $125,000 with revisitations at the end of each year.
Invite firms to attend the September 21, 2023 meeting – all bids will need to be submitted by September 13, 2023 with a start date of October 1, 2023.
I. Consideration of Resolution 2023-19 Designating the District’s Registered Agent & Registered Agent Office
Motion to accept Resolution 2023-19 1: Leventry 2: Walters; 5-0
J. Public Hearing on Assessments on Sales Center Parcel, Resolution 2023-22
Motion to open the public hearing 1: Nargi 2: Walters; 5-0
Motion to close the public hearing 1: Leventry 2: Rodriguez; 5-0
Motion to accept Resolution 2023-22 1:Leventry 2: Walters; 5-0
K. Public Hearing on Bedroom Methodology
Motion to open the public hearing 1: Walters 2: Leventry; 5-0
Motion to close the public hearing 1:Leventry 2: Rodriguez; 5-0
Board direction- not to move forward & review for next year’s budget to implement
Recess 5 minutes at 7:30pm – resume at 7:36pm
V. Staff Reports
A. District Counsel
1. 847 Manns Harbor Drive- Board will not take any action
2. Discussion of Emerald Vadella- Board will not take any action at this time
3. Discussion of Potential Shade Session between RedTree & Harbor Bay CDD – September 21, 2023- Motion to schedule shade session for September 21, 2023 at 7:45pm 1:Leventry 2: Walters; 5-0
Shade session occurred at 7:45pm- resumed 7:57pm
X. Attorney-Client Session (McKelligott v. ASI Perferred Insurance Company & Harbor Bay CDD) Scheduled for a Time Certain (Closed to the Public)- motion to authorize a settlement under the terms and limits of the insurance policy subject to District Counsels approval 1: Leventry 2:Walters;
L. Consideration of Resolution 2023-20 Adopting the Budget for Fiscal Year 2024- Motion to approve resolution 2023-20 adopting the FY 24 budget with an 8.5% increase 1: Leventry 2: Walters; 5-0
Deductions:
Task 1 Clubhouse Staff – $16,628
Task 3 Lifeguards/Pool Staff – $22,670
Task 4 F&B Operations – $48,344
District Counsel: $50,000
Total deduction $137,642 for a 8.5% increase
1. Public Hearing on Adoption of the Budget for Fiscal Year 2024
Motion to open the public hearing- 1: Leventry 2: Walters; 5-0
Motion to close the public hearing- 1: Leventry 2: Rodriguez; 5-0
a. Vesta Staffing, Hours of Operation & Service Cuts
2. Consideration of Resolution 2023-21 Imposing Special Assessments & Certifying an Assessment Roll- Motion to approve resolution 2023-21 to impose special assessments 1: Leventry 2: Walters; 5-0
Motion to open the public hearing- 1: Leventry 2: Rodriguez; 5-0
Motion to close the public hearing- 1: Rodriguez 2: Walters; 5-0
B. District Engineer
1. Presentation of Lighthouse Engineering Schedules
2. Discussion of 810 Islebay Drive: Backyard Swale Repair- prices to be provided
3. Update on Meeting with Port Authority
4. Consideration of Resolution 2023-18 Resetting Hearing on Adoption of the Amended & Restated Rule Regarding District Waterways & Boating Facilities to October 19, 2023 – Motion to approve resolution 2023-18 setting the public hearing to October 19, 2023 and include the original version supplied by Kutak Rock 1: Nargi 2: Leventry; 5-0
C. District Manager
1. Consideration of Resolution 2023-23 Adopting the Annual Meeting Schedule for Fiscal Year 2024- Motion to approve Resolution 2023-23 1:Rodriguez 2: Leventry: ; 5-0 Townhall meetings February 8, 2024 and July 11, 2024 @ 6:00pm
2. Consideration of Resolution 2023-24 Adding Darrin Mossing as an Assistant Treasurer of the District- Motion to approve Resolution 2023-24 1:Nargi 2: Leventry; 5-0
3. Discussion of Townhall Meetings- Townhall February 8, 2024 & July 11, 2024
D. General Manager, Field Operations Manager & Amenity Manager
1. General Manager Report- John to look into proposals to expand pool deck (furniture, pavers, etc.) work with DE on processes.
2. Amenity Manager Report
3. Field Operations Manager Report
a. Solitude Pond Reports
VI. Consent Agena Items / Business Administration- Motion to approve consent agenda with the exception of the dock and lift application 1: Leventry 2: Walters; 5-0
A. Minutes of the July 20, 2023 Meeting
B. July 2023 Check Register
C. July 2023 Financial Statements
D. Dock & Lift Application Review:
1. 5728 Tortoise Place- place on October 19, 2023 agenda
VIII. Supervisor Requests
Rodriguez: N/A
Supervisor Walters:
1. Invoice Discussion
Leventry: N/A
Nargi: Motion to schedule a shade session for security October 19, 2023 1:Nargi 2: Leventry; 5-0
Trisha: Bond question & question on Sang
IX. General Audience Comments
XII. Adjournment- 1:Walters 2:Rodriguez; 9:12pm