Chesley E. Adams

The agenda for the Special Meeting included call to order, public comments, and recessed sessions for attorney-client meetings. Key substantive items included consideration of matters related to two pending litigation cases: Terry Kurth, derivatively on behalf of WildBlue Master Property Owners Association, Inc. v. Lennar Homes, LLC, et al., and WILDBLUE COMMUNITY DEVELOPMENT DISTRICT, Plaintiff, v. FL WILDBLUE, LLC, and 38769 TAMPA FL, LLC, Defendants. Other agenda items included updates on the Lake Bank Erosion Repair Project (including a Downspout Diagram) and Retaining Wall Restoration (including a Schedule), as well as staff reports from the District Counsel, Engineer, and Manager. The Manager's report included informational materials on Performance Measures/Standards & Annual Reporting Form and a schedule of upcoming meetings.

The Regular Meeting commenced with public comments primarily focused on the ongoing wall project, including requests for documentation regarding project phases and litigation strategy. Legal counsel confirmed no settlement was reached in mediation. Discussions covered dock removal logistics, utility safety during construction, and the funding sources for anticipated legal expenses from the ongoing litigation against Lennar Homes, LLC, et al. The Board added an agenda item to address a bid protest filed by B&Z Construction regarding the Lake Bank and Wall Remediation Project RFP, ultimately rejecting the protest and scheduling a follow-up informal proceeding. Additionally, the Board ratified the Fiscal Year 2025 Goals and Objectives Annual Reporting and approved the Fiscal Year 2026 Performance Measures and Standards. Unaudited Financial Statements as of November 30, 2025, were accepted. Minutes from prior meetings in November and December 2025 were approved with amendments.

The Special Meeting included public comment regarding low lake levels approaching dry season, potential construction impacts on lake access, and the need for contingency plans. The Board held an Attorney-Client Session concerning pending litigation involving Terry Kurth and another session regarding separate pending litigation involving FL WildBlue, LLC, and 38769 Tampa FL, LLC. During the resumed meeting, the Board designated a representative for mediation scheduled for December 3, 2025, related to the Terry Kurth litigation. Updates on Shoreline Stabilization included receiving bids due November 25, 2025, and a public bid opening scheduled for November 26, 2025. Discussions centered on the Environmental Resources Permit (ERP) Modification, the need to obtain permission from Lennar or the property owner to use adjacent land for repairs, and future cost calculations for Phase 2 of the shoreline repair. The Board adopted Resolution 2026-02, authorizing the issuance of a Taxable Public Improvement Revenue Note, Series 2025B, not to exceed $500,000, to finance certain legal expenses incurred by the District, awarding the note to Synovus Bank. Public comments raised questions about financing legal expenses and expected timelines for cleanup and demolition.

The Board of Supervisors held a Regular Meeting and an Attorney-Client Shade Session. Key discussions included reviewing bids received for the retaining wall project, with estimates for all three phases ranging from $22 million to $30 million, and addressing resident concerns regarding project timelines and transparency, including Lennar's $5 million settlement offer. During the Executive Session, the Board accepted the recommendation to settle pending litigation (Terry Kurth v. Lennar, et al.) for $90,000. Additionally, updates were provided on the Lake Bank Erosion Repair Project, for which bids were received, and the Retaining Wall Restoration Schedule, awaiting County and SFWMD approvals. The Board adopted Resolution 2026-03 to request the Lee County Supervisor of Elections conduct the District's General Elections in November 2026 and adopted Resolution 2026-04 to amend the budget for the fiscal year ending September 30, 2025. Unaudited Financial Statements as of October 31, 2025, were accepted, and amended minutes from the October 16, 2025 Special Board Meeting and the November 6, 2025 Regular Meeting were approved.

This plan outlines the WildBlue Community Development District's goals and performance measures for the fiscal year October 1, 2025 to September 30, 2026. Key areas of focus include ensuring compliance in community communication and engagement through regular public meetings, timely notices, and accessible records. It also emphasizes maintaining district infrastructure and facilities via annual inspections, and upholding financial transparency and accountability through timely budget preparation, comprehensive financial reporting, and independent annual audits.