Fellow MiraBay residents:

Listed below is background on the seawall litigation settlement in an outlined version. The entire July 24, 2013 file is listed as Shade Minutes File (PDF) located below.

This meeting was conducted under Florida Laws and conducted in the "shade" meaning the general public was not invited because of the sensitive nature of the discussion. The meeting was recorded in shorthand and then transcribed and is now part of the public record.

What you will see documented is the fact that the CDD Board unanimously approved acceptance of an $8.3M settlement based on a riprap fix for the community's seawall repair. You will also read about engineered designs and quotes received from multiple contractors to do the work within an estimated 18 months. Note that two of the Board members from the 2013 Board are still on today (Bob Cribbs and Bob Collins - the latter being the project liaison and current Chairman overseeing the project). Please carefully read the following summary and actual minutes to see for yourself what actually transpired. Then ask yourself how we’ve gotten nearly three years down the road, have only a fraction of the repairs done, and are contemplating going into millions of dollars in debt to fund a new seawall instead of what was vetted and agreed to by our entire team.

Pgs 1 – 10 Discusses how $8.3M was determined.

Pg 12 Discusses how the riprap repair “design” was done by a “reputable marine engineer” and pricing was received from “a reputable marine contractor” that resulted in a “navigation friendly and boat friendly” design we could afford with the settlement. meaning there was an engineered design and pricing for the entire project received by the CDD prior to accepting the settlement.

Pg 14 References planned riprap solution.

Pg 19 Starts discussion of Jet Ski lifts & comments how “our contractor” came up with $8.2M amount to repair the seawall using riprap design discussed.

Pg 20 Discusses $1M put in $8.3M settlement to fix upland issues.

Pg 21 Discusses $400K put in $8.3M settlement for improved drainage every 4 ft for 40,000 linear feet.

Pg 23 Riprap provides 3,000 lbs/ft counter pressure which is more than original seawall design would provide.

Pg 25 Rip Rap fix would “increase” life of the seawall 30 – 50 yrs, or to around 70 yrs.

Pg 26 Discusses 77% of wall needs attention (is critical). If 100% is addressed then cost would be $9.7M. So, $8.3M should have covered us.

Pg 27 Discusses estimate to go to Trial by Jury and reasons not to go to trial - all things that weren’t investigated when the lawsuit began.

Pg 31 Jamie Scarola (our current engineer) has said to Bovles several times that he really feels like we've got to start the remediation now, that there are issues out there developing, and we just -- we have to get started.

Pg 32 Statement 23% of existing seawall performing well – but would still get drainage fix.

Pg 41 Starts recap of prior cost discussed to arrive at settlement amount.

Pg 47 Documents the Sea Master company settlement of $550,000.

Pg 61 Mentions that the original sheets were to be 14% higher grade than originally spec’d and even though they were delivered inferior to that – they were still 3% higher grade than what was originally designed.

Pg 73 Again states that the $8.3M (riprap) solution will fix our problem as well extend the life of the wall.

Pg 75. You have the money to do the repair and increase the life of the wall by 30 years and you can begin work immediately.

Pg 80 Starts discussion about Pocket 101 (Newland’s property behind Islebay Dr) having nuisance vegetation and they have been neglectful with maintenance resulting in damage to the seawall.

Pg 93 Discusses 18 months to remedy seawall problem if work began immediately.

Pg 100 Documents that there is 35,100 feet of vinyl seawall.

Pg 115 Discusses the fact that the engineered designs discussed in settlement hadn’t been sealed, but attorneys feel it can be and confirmed it with one engineer we used as an expert.

Pg 128 Highlights again what the settlement was to entail - a riprap repair.

Pg 148 Mentions limit of One watercraft per dock and maximum number of boats and discusses repositioned lifts and other ways jetskis wouldn't be impacted by riprap.

Pg 153 Mr Bolves again affirms the settlement will get the job done.