The Twin Lakes Village Board Monday acknowledged the Aquanuts withdrawal from an improvement project in Lance Park and terminated the memo of understanding that governed the project.
The Aquanuts gave notice of their withdrawal in August, citing a lawsuit filed by resident Bryan Neal challenging the legality of the MOU and the project.
Both actions by the Village Board were approved by unanimous voice vote with Trustees Aaron Karow and Jim Baxa absent.
The Aquanuts are a ski show team that performs free shows on Lake Mary off of Lance Park throughout the summer. The team also competes in competitions.
The Aquanuts’ proposal was first publicly presented to the board in January. The plan called for the seating area to be reconstructed to be larger and parallel to the lake shore instead of curved, install a new main pier, upgrade electrical and shoreline reconstruction, install sound towers and upgrade landscaping and plant new trees for shade.
All of the work was estimated to cost about $400,000. The Aquanuts raised funds and also received commitments for substantial “sweat equity” donations and a $100,000 grant from The Clinton Family Fund. That grant was contingent on the village matching that amount and the village committing to long-term use of the park by the Aquanuts.
The village had planned to use park impact fees to fund its $100,000 contribution. Those funds can only be used for park improvements.
In April, the Village Board agreed to a memo of understanding with the Aquanuts water ski show team aimed at formalizing how the project would work.
In his lawsuit, Neal alleges the village and Aquanuts did not comply with public bidding laws. In the MOU betrween the village and the Aquanuts, the complaint states, the village acknowledges the improvements being paid for by the village’s $100,000 would be subject to public bidding, but that the improvements contributed by the Aquanuts did not have to be bid because they were donations. Neal’s lawsuit challenges that conclusion.
Matthew M. Fernholz, Neal’s attorney for the case, said the lawsuit is still continuing.
The Aquanuts have filed a motion to dismiss the lawsuit, according to online circuit court records.. A motion hearing is scheduled for Oct. 20.
“We will respond to the motion and oppose dismissal,” Fernholz said in an email to westofthei.com.
There was no discussion about the move among board members Monday night. After the vote, President Howard Skinner said “And it’s quite a shame.”
During citizens comments, a citizen speaking primarily on another issue also urged the board to complete the shoreline erosion and other aspects of the Lance Park project to be funded by the village’s $100,000. Skinner responded that could not be considered until the village could get out of court on the issue.
