HBCDD Meeting 9-15-22 Re-Cap
Start: 6:00
Present: Dan Leventry, Tim Nargi (Zoom), Michael Maurer, Trisha Nesse-Wyssbrod, Ryan Wick
Also Present: Jordan Lansford, DM, Brad Foran, DE (Zoom), John Markunas, Field, Julie Cortina, Vesta, Kyle Darin, Vesta (Zoom), Sarah Sandy, DC (Zoom), Jenn Ashley, Clubhouse Manager
The Board heard audience comments
IV. Presentation of Audience Comment Follow-Up Sheet
V. Business Items
A. Upland Claims – Matt Davis
Sports Surfaces: The District is pursuing reimbursement of the deposit it paid Sports Surfaces for the pickleball courts following termination of the contract. Sports Surfaces’ counsel argues that the contract allows it to keep amounts that Sports Surfaces had already paid for labor, services and/or materials for the project. Its attorney claims Sports Surfaces incurred costs, and thus it is entitled to keep the entire deposit. I requested documentation or other evidence supporting his position that Sports Surfaces purchased materials (or otherwise incurred labor or services costs). To date, I have not received a response, but it has not been very long since I asked. Of course, I will follow up. I will be at next month’s meeting to brief the Board about our options, and hopefully Sports Surfaces will have provided more information to me before then.
Golden (829 Islebay): Lighthouse Engineering inspected the property on August 31 in response to the owner’s complaints of drainage issues near the seawall. Lighthouse is still analyzing the issue and we will have more to report to the Board next month regarding potential causes of the drainage issues. In the meantime, Earth Tech is filling depressions near the seawall.
Rosser (530 Islebay): Lighthouse inspected the property on August 31 and Earth Tech will fill the voids next to the seawall. At this time, the homeowner has not reached back out regarding any further issues.
B. Red Tree Landscape Monthly Report & August Irrigation Inspection Report- no report given – Hannah can we withhold the last invoice for Red Tree?
C. MiraBay Visual Inspection Report for September 2022 – Field Operations
D. Consideration of Resolution 2022-17 Declaring the Series 2019A Project Complete and Finalizing Assessments- Motion to approve substituting the new assessment roll for the amortization roll in exhibit B 1: Supervisor Leventry 2: Supervisor Wick 5–0
E. Continued Public Hearing to Adopt the Amended & Restated Rule Regarding District Waterways & Boating Facilities, Resolution 2022- 15
Open Public Hearing 1: Supervisor Wick 2: Supervisor Leventry 5-0
The Board heard audience comments
Close Public Hearing 1: Supervisor Leventry 2: Supervisor Wick 5-0
Motion to approve Resolution 2022-15 1: Supervisor Leventry 2: Supervisor Wick 5-0
Motion to re-open the public hearing 1: Supervisor Nargi 2: Supervisor Leventry 5-0
Revision to the waterways policy to make sure the fuel delivery company is license and bonded under Exhibit F, 2 of 8 remove the words “Board approved” fuel company subject to final legal review and that all are license and bonded 1: Supervisor Leventry 2: Supervisor Maurer 5-0
Lighthouse to review the SWFMD permit to see if the Master Dock Plan was built accordingly- see if Cardno has already done so.
Motion to continue the public hearing to the October meeting 1: Supervisor Leventry 2: Supervisor Wick 5-0
Motion to rescind the original motion to approve resolution 2022-15 1: Supervisor Leventry 2: Supervisor Wick 5-0
F. Ratification of Down to Earth Turf Care Agreement
Motion to Ratify- 1: Supervisor Leventry 2: Supervisor Wick 5-0
G. Consideration of Temporary Agreements for Landscape Maintenance
1. L.T. Kim Landscape Proposal (not including Turf Care)
2. Down to Earth Landscape Proposal (not including Turf Care)
Motion to approve contract with LT KIM ($115,500) Landscape contingent upon John working on an defining scope giving Chair final approval – 1: Supervisor Wick 2: Supervisor Trisha
H. Consideration of RFP for Landscape Maintenance Services
(optional to bid on both- if bidding on both provide 2 separate numbers) 1 RFP for Turf (grouping irrigation with turf care) and the other RFP for general as presented. Change item #5 on the RFP- “Financial Capability” to “Reference Quality” (10 points) John to contact all references and provide evaluation scoring. Add in language about using real mowers being used. Ability to evaluate with a potential consequence for non-performance.
Motion to approve the RFP with changes outlined pending final approval through the chair 1:Supervisor Leventry 2: Supervisor Trisha 5-0
I. Reconsideration of GMS Transition Fee
Discussion No interest in cutting a check based on the clear commitment to waive the fee at the initial transition meeting.
Motion for discussion with GMS to make a one-time transition fee payment to GMS (Trisha appointed as liaison for an offline conversation with GMS) 1: Supervisor Maurer 2: Supervisor Leventry 3-2 (Wick and Trisha Opposed)
J. Designation of Audit Committee
Motion to designate sitting Board members after the election for the audit committee 1: Supervisor Leventry 2: Supervisor Trisha 5-0
K. Add Discussion of Carr, Riggs Audit
Carr, Riggs- Motion to move terminate the agreement with Carr Riggs 1: Supervisor Leventry 2: Supervisor Wick 5-0
VI. Staff Reports
A. District Counsel
1. RedTree Termination Letter
2. Consideration of Settlement Agreement and Release with DPFG Management & Consulting, LLC
Motion to accept the Settlement Agreement and Release with DPFG for $25,752.68 pending final legal review confirming a non-disclosure provision is not included in the settlement (“gag order”) 1: Supervisor Leventry 2: Supervisor Wick 5-0
B. District Engineer
1. Presentation of Lighthouse Engineering Project Schedules
Motion for Engineer to perform site visit on the 4 address needed for warranty issue regarding seawall 1: Supervisor Nargi 2: Supervisor Leventry 5-0
Buyer for the sheet rock update?
C. District Manager
1. Discussion of Law Enforcement Policy for Board Meeting Attendance
Memorandum for the next meeting -place, in writing language for a security request if any Board member feels threatened.
D. General Manager, Field Operations Manager & Amenity Manager
1. General Manager Report
2. Amenity Manager Report
3. Field Operations Manager Report
a. Sidewalk Repair Proposals
-Proposals for side walks will cost roughly $60k to repair the 87 tripping hazards – agreement needed, John if you can send the proposal over from Simmons
-Add Wolf Creek Park proposal design to website
VII. Consent Agenda
A. Minutes of the July 21, 2022 Meeting
B. Minutes of the August 18, 2022 Meeting
C. August 2022 Check Register
D. August 2022 Financial Statements
E. Special Assessment Receipts Schedule
F. Dock & Lift Application Review:
1. 615 Pinckney Drive- contingent upon County approval of the Utility connection
The Board approved the consent agenda 1: Supervisor Wick 2: Supervisor Leventry 5-0
Jordan to place dock and lift process memorandum on October agenda
VIII. Other Business
Security Detail services budget on the financial dashboard does not match what is on the financials
IX. Supervisor Requests
Supervisor Nargi- Gave update on picketing law- pending review from counsel Staff to enforce picketing rules and resolution previously adopted. (You can read the Picketing Laws on this Link )
Supervisor Leventry- Commented on how well Vesta and GMS are doing
Supervisor Wick- None
Supervisor Maurer- Comment on Park Square
Supervisor Trisha- Thanked John for the job he is doing
X. General Audience Comments
The Board heard general audience comments
XI. Adjournment
8:28pm 1: Supervisor Leventry 2: Supervisor Wick 5-0