Amended Meeting Minutes for September 24, 2020
Clearwater Cay Community Development District
The meeting of the Board of Supervisors of the Clearwater Cay Community Development District was held via web conference on Thursday, September 24, 2020 at 5:30 p.m.
Attending via web conference due to Executive Order 20-69 waiving the quorum requirement were:
Don Dwyer – Chair
Patrick O’Malley – Vice Chair
Alan Glidden – Assistant Secretary
Jeff Wilson – Assistant Secretary
Michael Herd – Assistant Secretary
Also attending via web conference were:
Cal Teague – District Manager
Dan Molloy – Attorney
Chris Dausch – Engineer
Christopher Dudak – Assistant to the District Manager
Nancy Dudak – Premier District Management (PDM)
FIRST ORDER OF BUSINESS Call to Order and Roll Call
The meeting was called to order and Cal Teague, District Manager, called the roll. All Board members were present. Also present were Dan Molloy, Attorney, Christopher Dausch, Engineer, Christopher Dudak, Assistant to the District Manager, and Nancy Dudak, Premier District Management (PDM).
SECOND ORDER OF BUSINESS Approval of the Agenda
The Agenda was approved as presented.
On MOTION by Supervisor Glidden, seconded by Supervisor Wilson, with all in favor, the Agenda was approved as presented.
THIRD ORDER OF BUSINESS Audience Comments on Agenda Items
There being none, the next Order of Business followed.
FOURTH ORDER OF BUSINESS Approval of Meeting Minutes
A. Draft Regular Meeting Minutes for August 27, 2020
The Minutes for August 27, 2020 were reviewed with a modification suggested on line 42.
On MOTION by Supervisor Wilson, seconded by Vice Chair O’Malley, with all in favor, the Regular Meeting Minutes from August 27, 2020 were approved with a modification on line 42.
FIFTH ORDER OF BUSINESS Old Business
A. Stormwater Improvements Update
The Chair reported that the remediation projects have been successful given the amount of rain there has been which was handled adequately by the drainage swales. The Engineer reported that the skimmer replacement is under contract with Coast to Coast and is scheduled to be replaced along with additional work that will be done in the linear pond and the pond where the skimmer is. The job was delayed due to heavy rain.
B. Landscape Efforts and Updates
The Chair reported that the frequency of the mangrove trimmings have caused them to grow more aggressively than expected. He stated that there will be three trimmings instead of two next year as a result of the growth. Supervisor Wilson mentioned that the new sod in front of Building 8 is turning brown. Chair Dwyer said that chinch bugs were eating roots and causing havoc in a number of areas in the community. He also said that Red Tree is using weed killer along the walking paths that is being washed into the grass with the rain. Vice Chair O’Malley stated that this is the best cutting he has seen since he moved into the community.
C. Garage Lease Updates
The Chair gave the Board the history of the garage leases, stating that the previous CDD Board established the free-standing garage agreement in 2010 with the COA for five years with an auto renew clause. It was auto-renewed in 2015. A few months ago, he said that the Board voted to terminate the easement agreement with the COA. Since that time, he said they discovered electrical supply issues and had questions about who is physically maintaining the locks, doors, keypads and remote openers. He recommended that the garages be returned to the community for their use. Supervisor Wilson reported that he thinks there are some discrepancies with the garage lease payments, specifically noting that for garage unit 154 the CDD was not supplied records supporting the existence of a lease nor proof of payment history and he recommends an investigation.
On MOTION by Chair Dwyer, seconded by Vice Chair O’Malley, with a vote of 2-3 (Supervisors Wilson, Glidden and Herd opposed), to return the garages to the community for a 10-year term with auto renew, the MOTION was defeated.
On MOTION by Supervisor Glidden, seconded by Supervisor Wilson, with a vote of 3-2 (with Chair Dwyer and Vice Chair O’Malley dissenting,) the Board approved an investigation to determine how much it will cost to switch the garage electricity costs to the CDD.
The District Manager suggested they negotiate an agreement with the condo association to help with onsite clicker programming and assistance. He said he will get an estimate to convert the electric to individual meters or to a single meter that can be operated in the name of the CDD.
D. Walkway Pole Lights Update
Supervisor Wilson said the equipment has been ordered and it will take five days to change out every light. They will get a quote on replacing the lighting on the palm trees.
On MOTION by Chair Dwyer, seconded by Supervisor Wilson, with all in favor, the Board voted to replace the lighting on the front palm trees.
E. Paver Regrading Project Update
Vice Chair O’Malley said the project is completed. He is satisfied with the job that was done, but he said large riding mowers are driving on it and cracking the concrete. The Chair will discuss it with Red Tree.
F. Carwash Hose Wheel Repair Update
The Chair reported that the air hose has been repaired, but now the vacuum cleaner is now broken and the hose wheel needs to be replaced. The contractor backed out of giving prices for the repairs. The Board previously approved $650.
On MOTION by Chair Dwyer, seconded by Supervisor Glidden, with all in favor, the Board approved a not to exceed amount of $1,000 to repair the hose wheel and vacuum cleaner at the carwash.
G. Building 11 Pothole Repair Update
The pothole has been repaired, according to the Chair.
SIXTH ORDER OF BUSINESS New Business
There being none, the next Order of Business followed.
SEVENTH ORDER OF BUSINESS District Manager
A. FY 2019 Audited Annual Financial Report
The District Manager reported that the FY 2019 Audited Financial Report was completed. The Chair stated that he has issues with some of what was reported in the audit but did not want to elaborate at this time.
EIGHTH ORDER OF BUSINESS Financial Reports
A. August 2020
The District Manager reported on the August 2020 Financial Report, stating that they are in acceptable shape. There is money in bank and they are 100% collected on fees.
On MOTION by Supervisor Wilson, seconded by Vice Chair O’Malley, with all in favor, the Board voted to accept the August 2020 Financial Report.
NINTH ORDER OF BUSINESS Attorney
A. Debt Assessment Validation Update
The Attorney reported that he is seeking an arbitration date by the end of October or the first week of November. He said he is optimistic that it will go before the Judge by the end of the year.
The Chair also suggested that all Board members who are deposed should be able to charge the District $225 per hour for their time during deposition and including travel time. Several Board members expressed that they believe it is part of the job of serving on the Board. The Chair said that he believes that people who take time from their regular jobs should be paid for their time.
On MOTION by Chair Dwyer, seconded by Vice Chair O’Malley, with a 3-2 vote (Supervisors Herd and Glidden opposed), the Board approved that all Board members who are deposed will be paid $225 an hour by the District for their time during deposition, including travel time.
TENTH ORDER OF BUSINESS Supervisor’s Requests and/or Comments
- Supervisor Wilson requested that questions he has about the garage leases should go on the Agenda for the next meeting so he has time to collect more information. The Chair requested that he be copied on the information Supervisor Wilson gets.
- Supervisor Glidden also has questions about the garages and suggested doing an audit to find out who is renting them.
- Supervisor Herd said he also wants an investigation into the garages.
- Vice Chair O’Malley said he has questions about the debt assessment. He thinks the Board needs to discuss it further at the next meeting. He also said that their overall agenda is to make Grand Venezia a magnificent community. He concluded by saying he looks forward to meeting with the Attorney before his deposition.
- Chair Dwyer said he would like to meet in person next month at the Grand Venezia clubhouse, if it is allowed by the State. He asked the Attorney to look into it. The District Manager said it will be up to the Governor to determine if it will be allowed. The Attorney will update them on the Governor’s Executive Order.
ELEVENTH ORDER OF BUSINESS Audience Comments
- Sal Dimaio commented that he is concerned about the garage leases and if they are being subleased without anyone’s knowledge. He said he would like to see the garage situation straightened out. He also stated that the Chair is using CDD emails to communicate with people regarding things that have been said and he feels that he should use personal email. He also said he does not feel that it is fair that he is on a wait list for garages.
- Azad Ali said that he feels they need to make a decision about how to best manage the garages. He also said he believes that serving on the Board is a volunteer position and he is not in favor of them getting additional compensation. He said that he thinks the CDD Board members are getting involved in GVCOA business and he feels it is a conflict of interest.
TWELFTH ORDER OF BUSINESS Adjournment
There being no further business,
Chair Dwyer adjourned the meeting at 7:02 p.m.
Next Regular Meeting: October 22, 2020 at 5:30 p.m., meeting place to be determined.