Budget talks prolong conflict

The Heritage Harbour South Community Development District Board will consider its financial model for the 2013 fiscal year Sept. 6, which will include a discussion that could dissolve a lawsuit filed by a neighborhood association last year.

However, the controversy revolving around a roughly $65,000 annual maintenance contract that has never been put out to bid will not be considered, after board members voted against awarding the 2013 fiscal year extension to the lowest bidder.

Maggie Mooney-Portale, a lawyer with Lewis Longman and Walker P.A, which represents the Lighthouse Cove Homeowners Association, said during a Monday, July 16 board meeting, the organization was prepared to drop a lawsuit filed in December for what it deems as unfair property tax assessments, if a new methodology is employed for calculating stormwater maintenance benefits. The association’s claim is that the system awards more benefits to an adjacent neighborhood, Stoneybrook, than the cost it shoulders.

The objection this year is similar to the one cited in the December lawsuit for the community development district’s 2012 fiscal year.

“We want to caution this board in moving forward without correcting the problems that we have maintained all long,” Mooney-Portale explained. “We may be finding ourselves in an additional lawsuit.”

The community development district is already in litigation with Stoneybrook Investors LLC, for unfair tax assessments, as well.

In one claim of Lighthouse Cove’s suit, it states the community development district overcharged it more than $36,000 worth of unfair assessments for maintenance of the stormwater system in the previous fiscal year.

“I hope not to have to see everybody next month,” Mooney-Portale said.

The meeting also stirred debate about a contract with Morris and Riley Asset Management, which District Manager James Ward recommended district board members extend for another year without going through the bidding process. Supervisor Richard Lane and Supervisor Joseph Jaudon said during the meeting they would support an auction for the contract. But, they failed to receive the swing vote of another supervisor, and the board eventually voted 4-1 in favor of extending Morris and Riley’s contract.

The board agreed to keep the meeting as scheduled, at 3 p.m. Thursday, Sept. 6, at the River Strands Golf Club clubhouse.

If the CDD’s representation doesn’t accept the settlement offer, Mooney-Portale said it would move aggressively into discovery — the stage when parties in a lawsuit start gathering documentation.

“What that translates to in legal-speak is a lot of money,” she said. “We’re going to ratchet this up and take depositions — it’s going to cost everyone a lot of money.”