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Draft Continuation Meeting Minutes for August 13, 2020

Clearwater Cay Community Development District

This is a continuation of the regular meeting of the Clearwater Cay Community Development District held via web conference on Thursday, July 23, 2020 at 5:30 p.m. The continuation meeting was held on August 13, 2020.

Attending via web conference due to Executive Order 20-69 waiving the quorum requirement were:

Michael Herd – Chair
Patrick O’Malley – Vice Chair
Alan Glidden – Assistant Secretary
Jeff Wilson – Assistant Secretary
Don Dwyer – Assistant Secretary

Also attending via web conference were:

Cal Teague – District Manager
Dan Molloy – Attorney
Christopher Dudak – Assistant to the District Manager
Nancy Dudak – Premier District Management
Residents

FIRST ORDER OF BUSINESS Call to Order and Roll Call

The meeting was called to order and the District Manager called the roll. All Board members were present.

SECOND ORDER OF BUSINESS Approval of the Agenda

Only items on the July 23, 2020 Agenda could be discussed at this Continuation Meeting. Vice Chair O’Malley called the roll due to the resignation of Chair Herd as Chairman of the Board. Item 10A – the resignation of the Chair – was moved to the top of the Agenda.

On MOTION by Supervisor Wilson, seconded by Supervisor Dwyer, with all in favor, the Board voted to move Item 10A – the resignation of the Chair – to the top of the Agenda.

THIRD ORDER OF BUSINESS Audience Comments on Agenda Items

There being none, the next Order of Business followed.

FOURTH ORDER OF BUSINESS Reorganization of the Board of Supervisors

The Board reorganized due to the resignation as Chair by Supervisor Herd. They approved Resolution 2020-05 with Mr. Dwyer as the Chair, Mr. Herd as an Assistant Secretary and all other positions remaining as currently filled.

On MOTION by Vice Chair O’Malley, seconded by Supervisor Dwyer, with all in favor, the Board voted in favor of Resolution 2020-05 with Mr. Dwyer becoming Chair and Mr. Herd becoming an assistant secretary.

FIFTH ORDER OF BUSINESS

B. Landscape Efforts and Updates

The Board discussed a memo from the District Manager about a procedure for addressing landscape issues. If one of the supervisors observes a problem with a vendor’s work which needs to be addressed, they will contact the District Manager or Chair Dwyer, who is responsible for landscaping, and they will reach out to the contractor.

On MOTION by Supervisor Wilson, seconded by Vice Chair O’Malley, with all in favor, the Board voted on an administrative procedure that when a supervisor has an issue that needs to be addressed, they will contact the District Manager, his staff, or Chair Dwyer, who are authorized to reach out to the contractor.

E. Walkway Lights Update

The Board discussed a proposal to change out 60 elevated lights on a pole to LED. The original proposal was for 16 lights at a greater per unit price. The District Manager cautioned the Board about the amount of money they would spend on this, but said they could manage it, if necessary. The Board sees it as a safety issue and Supervisor Wilson explained that once they install LED lights, they do not have to worry about changing bulbs for at least 10 years. He also explained that a large part of the expense is the rental of the lift to install the lights.

On MOTION by Supervisor Wilson, seconded by Vice Chair O’Malley, with all in favor, the Board voted to authorize the replacement of the 60 elevated lights with LED lights.

SEVENTH ORDER OF BUSINESS

A. General Fund O&M (Operation and Management) Assessment Methodology

The Board discussed the Methodology Report prepared by Ed Santoro and the ERU (Equivalent Residential Unit) distribution. Chair Dwyer proposed that no reduction multiplier be applied for any properties and the assessments be set at $475 per ERU. After much discussion, the Board directed the District Manager to produce a budget and an assessment methodology based on a flat fee of $475 per unit with no reduction multiplier. The District Manager explained that if they approve the $475 per unit assessment, it would produce income of $397,385, which is less than currently funds to operation and maintenance budget. He also commented that this rule would result in two-thirds of the Grand Venezia units seeing a decrease in their O&M fees. Of those who would have an increase in assessments, the largest increase would be $106. The Vue would have a decrease of about $130,000 under that proposal while the office building would experience a 50% increase in their assessments. The Board said that the garage revenue needs to be added into the budget. The proposed budget will be adjusted and presented at the Public Hearing scheduled for August 27.

On MOTION by Chair Dwyer, seconded by Vice Chair O’Malley, with a vote of 4-1 (Supervisor Herd opposed), the Board authorized the District Manager to produce a budget based on a $475 per unit ERU fee, with a Public Hearing scheduled for August 27.

NINTH ORDER OF BUSINESS

A. Debt Assessment Validation Update

The Attorney will brief the Board on this in two weeks at the regularly scheduled meeting.

TENTH ORDER OF BUSINESS Continued

A. Supervisor Requests and/or Comments

  • The District Manager said neither he, nor the new Chair, have gotten a response to a letter sent to Grand Bellagio so they asked the Attorney to draft a letter.
  • The Chair asked the District Manager to explain what the payment criteria or issues are related to this meeting, so that they could make a decision or recommendation. The District Manager explained that they can be compensated because it was a second meeting, but if any member of the Board chooses not to be compensated, they should contact him.

ELEVENTH ORDER OF BUSINESS

A. Audience Comments

  • Resident Mike McManus complimented the Board on conducting such a civil discussion of the critical issues of the financial welfare of the community. He also thanked Supervisor Wilson on his work to increase safety with the walkway lighting issues.
  • Attorney Scott Clark, representing the Vue, announced that they will be filing a law suit to withdraw from the District and will seek refunds for prior years.

TWELFTH ORDER OF BUSINESS Adjournment

There being no further business,

On MOTION by Chair Dwyer, seconded by Vice Chair O’Malley with all in favor, the Board voted to adjourn at 6:08 p.m.

Next Regular Meeting: August 27, 2020 at 5:30 p.m.

Secretary/Assistant Secretary
Chair/Vice Chair