Amended Meeting Minutes for August 27, 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, August 27, 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)
Scott Clark – Attorney
Diane Roberts – Court Reporter requested by Scott Clark
Azad Ali – Resident
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). Also in attendance was Attorney Scott Clark and a court reporter he requested.
SECOND ORDER OF BUSINESS Approval of the Agenda
The Agenda was approved with moving item 6A to #4 and adjusting everything down accordingly. (However, the Minutes were approved as the Fourth Order of Business, so item 6A will be referenced as item 5A.)
On MOTION by Supervisor Wilson, seconded by Supervisor Glidden, with all in favor, the Agenda was approved with moving item 6A to #4 and adjusting everything down accordingly.
THIRD ORDER OF BUSINESS Audience Comments on Agenda Items
Resident Azad Ali asked about who is responsible for trimming the mangrove, which he was told will be addressed later in the meeting, and about legal costs in the budget, which will also be addressed later.
FOURTH ORDER OF BUSINESS Approval of Meeting Minutes
A. Draft Regular Meeting Minutes for July 23, 2020
The Minutes for July 23, 2020 were approved as presented.
On MOTION by Supervisor Wilson, seconded by Supervisor Glidden, with all in favor, the Regular Meeting Minutes from July 23, 2020 were approved as presented.
B. Draft Continuation Meeting Minutes for August 13, 2020
The Continuation Meeting Minutes for August 13, 2020 were approved as presented.
On MOTION by Supervisor Wilson, seconded by Supervisor Glidden, with all in favor, the Continuation Meeting Minutes from August 13, 2020 were approved as presented.
FIFTH ORDER OF BUSINESS Old Business
6A – Joint Stormwater Improvements with Bellagio Update
The District Engineer presented an update regarding the joint drainage issues that are shared between the Grand Bellagio and the Grand Venezia. There was a proposal from Coast to Coast that was reduced to only include Venezia. The District Manager commented that Supervisor Dwyer had contacted the Board members from Grand Bellagio who said they are not in a position financially to participate in the joint drainage project. Mr. Teague further explained that this is a reduced version of the $35,000 proposal to take care of the stormwater improvements that impact the Clearwater Cay CDD. Supervisor Dwyer commented that this expenditure had already been approved pending confirmation that Grand Bellagio would pay their portion of the project.
On MOTION by Supervisor Wilson, seconded by Vice Chair O’Malley, with all in favor, the Board approved a revised proposal for the drainage issues that impact Grand Venezia for a maximum of $15,200 plus the skimmer repairs that had been previously approved.
The Board also discussed cutting the drainage swale at the car wash, dewatering and cleaning additional mitered ends, but those issues were not considered urgent by the Engineer and were tabled for now.
SIXTH ORDER OF BUSINESS FY 2021 Budget Public Hearing
The Chair opened the FY 2021 Budget Public Hearing at 5:51 p.m. The District Manager explained the FY 2021 Budget. He also answered a previous resident question about legal fees, which are $80,000 for general legal work and another $24,000 for litigation expenses. Resident Azad Ali commented that he opposes the amount of money spent on legal issues. The Attorney explained the legal fees by stating that the district is a defendant in a lawsuit and has been defending it since its inception.
Supervisor Glidden, who supports the Budget, commented that he would like to see the Board make an effort to curtail the legal fees and make it the focus for the next year.
The Chair closed the Budget Public Hearing at 5:57 p.m.
A. Resolution 2020-06 Approval of FY 2021 Budget
On MOTION by Supervisor Wilson, seconded by Supervisor Glidden, with all in favor, the Board approved Resolution 2020-06 FY 2021 Budget.
B. Resolution 2020-07 Adoption of FY 2021 Assessment Levy
The District Attorney clarified the decision in adopting the assessment levy. He stated that the Board should consider that some classes of property within the district have access to all of the assets in the district and some do not. He concluded by saying that he thinks that everybody who worked on this Budget believes it is a fair apportionment of the expenses of the budget.
The Chair opened the Assessment Public Hearing at 5:58 p.m. The District Manager explained that having approved a Budget, the Board is required to fund it through Assessments.
Mr. Scott, representing the Vue, commented that he had filed a written objection mostly concerning the assessments. He said he is opposed to the budget and the assessments to support the budget as he felt they were arbitrary and only benefit the Grand Venezia condominiums. He previously submitted documentation voicing his objections.
The Chair closed the Public Hearing at 6:15 p.m.
On MOTION by Supervisor Dwyer, seconded by Supervisor Glidden, with a 3-2 vote, (with Supervisors Herd and O’Malley opposing,) the Board voted to adopt the FY 2021 Assessment Levy as submitted.
SEVENTH ORDER OF BUSINESS Old Business
B. Landscape Efforts and Updates
Chair Dwyer presented several proposals to the Board.
i. Seasonal Color Beds Planting Proposal
Chair Dwyer suggested having permanent, colorful vegetation in front of the clubhouse instead of having to replace them every three to four months. He suggested that annuals be planted now but work toward using perennials. The flower beds are currently empty.
On MOTION by Supervisor Herd, seconded by Supervisor Wilson, with all in favor, the Board voted to spend $2,925 on permanent, colorful vegetation in the flower beds in front of the clubhouse.
ii. Hardwood Tree Pruning Proposal
The Chair stated that there are hardwood trees throughout the community that need to be trimmed every three to five years.
On MOTION by Chair Dwyer, seconded by Supervisor Glidden, with all in favor, the Board voted to spend $7,840 trimming the hardwood trees.
iii. Palm Tree Pruning Proposal
Chair Dwyer stated that trimming the palm trees is a safety consideration during hurricane season.
On MOTION by Chair Dwyer, seconded by Supervisor Glidden, with all in favor, the Board voted to spend $6,525 to trim the palm trees as a safety consideration.
C. Garage Leases Update
The Board discussed the garage ownership and agreed to reopen negotiations on the leases.
D. Walkway Lights Update
The staff is waiting for an invoice for the deposit, but the project is moving along.
E. Paver Regrading Project Upgrade
Vice Chair O’Malley reported that this is 99% complete.
EIGHTH ORDER OF BUSINESS New Business
A. FY 2021 Meeting Schedule Resolution 2020-08
The FY 2021 Meeting Schedule was approved by the Board with the November meeting being moved to the 19th and the December meeting being moved to the 17th.
On MOTION by Supervisor Wilson, seconded by Vice Chair O’Malley, with all in favor, the Board voted to accept the FY 2021 Meeting Schedule Resolution 2020-08 with the November meeting being moved to the 19th and the December meeting being moved to the 17th.
B. FY 2019 Audited Financial Report
The annual audit is not completed to date. The Board requested that next year’s audited financial report be bid out.
NINTH ORDER OF BUSINESS District Manager’s Report
There being none, the next Order of Business followed.
TENTH ORDER OF BUSINESS Financial Reports
A. July 2020
The July 2020 Financial Report was accepted as presented.
On MOTION by Chair Dwyer, seconded by Vice Chair O’Malley, with all in favor, the Board voted to accept the July 2020 Financial Report as presented.
ELEVENTH ORDER OF BUSINESS Attorney
A. Debt Assessment Validation Update
The Attorney reported that the arbitration hearing will be in October and they are currently performing discovery and taking depositions.
TWELFTH ORDER OF BUSINESS Supervisor’s Requests and/or Comments
- Vice Chair O’Malley commented that he enjoys working with the other five Board members.
- Chair Dwyer reported that the air hose for tire pressure at the car wash is broken, and one quote came in at $650. He offered to get additional quotes. The Board authorized a not to exceed amount of $650 to fix the hose.
On MOTION by Supervisor Wilson, seconded by Vice Chair O’Malley, with all in favor, the Board voted to repair the tire pressure equipment at the car wash for a not to exceed amount of $650.
- The Chair also asked for approval to have a pothole repaired for $300, which was approved.
On MOTION by Supervisor Wilson, seconded by Supervisor Glidden, with all in favor, the Board voted to repair the pothole for $300.
THIRTEENTH ORDER OF BUSINESS Audience Comments
- Mr. Ali commented that the garage revenue should remain with the CDD and suggested low maintenance spot lights on the trees as opposed to string lights at the front gate. He also thanked the Board for their hard work.
- Ronald Schulte commented that there are $20,000 worth of garage door panels and window kits that need to be replaced that are dented and banged up before they take over the garages because they detract from the whole community.
Next Regular Meeting: September 24, 2020 at 5:30 p.m.