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Draft Meeting Minutes for July 23, 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, July 23, 2020 at 5:30 p.m.

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
Chris Dausch – Engineer
Christopher Dudak – Assistant to the District Manager
Nancy Dudak – Assistant to the District Manager
Residents

FIRST ORDER OF BUSINESS Call to Order and Roll Call

The meeting was called to order and the 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, Assistant to the Manager.

SECOND ORDER OF BUSINESS Approval of the Agenda

The Agenda was approved as presented.

On MOTION by Supervisor Dwyer, seconded by Vice Chair O’Malley 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 from June 25, 2020

The Minutes were approved as presented.

On MOTION by Supervisor Dwyer, seconded by Vice Chair O’Malley, with all in favor, the Meeting Minutes from June 25, 2020 were approved as presented.

FIFTH ORDER OF BUSINESS Old Business

A. Joint Stormwater Improvements with Bellagio Update

The Engineer reported that he has not heard from Grand Bellagio, which was confirmed by the District Manager. They were contacted by letter and phone calls, but there has been no response. It was reported that they have a new management company and this might be why there has not been a response. The Board wanted to get confirmation that Grand Bellagio would share the maintenance costs for the combined retention basins before proceeding. The Attorney feels they should review the current operating agreement and then determine what the district’s rights and obligations are. The Engineer said that no work could be done until August, so there is still time. Supervisor Dwyer said he would send a copy of the agreement between Grand Bellagio and Grand Venezia to the Attorney and copy the District Manager.

i. Revised Proposal

The Engineer negotiated with the contractor, Coast to Coast, and they agreed to reduce the costs of the two Grand Venezia drainage projects by $2,250 if they could do it at the same time as the larger joint project with Grand Bellagio.

B. Landscape Efforts and Updates

Supervisor Dwyer reported that the flowers in front of the clubhouse are now dead because the seasonal plantings and sod replacement were not authorized.

C. Garage Leases

The District Manager reported that all the leases have been received and reviewed. After discussions with the Grand Venezia office, he discovered they had a wait list for garages. The Attorney is going to draft a lease for the CDD. The District Manager said they can use that for the new lessees who are going to fill the vacant buildings, and the new ones will be sent out in October to be signed effective January 1. The issue of the electric service is still being discussed by the District Manager, Supervisor Dwyer and the Grand Venezia representatives. Income from the garages will be included in the final budget.

D. CDD/HOA Property Ownership/Responsibility Discussion

The District Manager reported that he, the Attorney and the Engineer have unsuccessfully searched for documentation reflecting CDD property rights for the Mangroves and the area where the kayaks are located. They will continue to search for more information.

E. Walkway Lights Update

Supervisor Wilson reported on the walkway lighting, which the Board agrees is a safety issue. The current agreement with Decorating Elves did not include the walkway lights as the Board thought. They directed staff to negotiate a termination of the current agreement after finding out the cost to terminate. The Board approved a not to exceed amount of $10,000 to replace all the walkway lights with Supervisor Wilson working as a liaison for the project.

On MOTION by Supervisor Dwyer, seconded by Vice Chair O’Malley, with all in favor, the Board voted to replace all the walkway lights with a not to exceed amount of $10,000.

F. Community Walkways

i. Pressure Washing Proposals

Vice Chair O’Malley submitted a proposal for power washing for $9,839 which was not approved due to financial concerns.

On MOTION by Vice Chair O’Malley, seconded by Chair Herd, with Supervisors Wilson, Glidden and Dwyer voting no, the proposal to power wash for $9,839 failed with a 2-3 vote due to financial concerns.

ii. Paver Regrade Proposal

Vice Chair O’Malley submitted a proposal for the repair and replacement of sections of the paver walkway for $12,250, which was approved by the Board for safety reasons.

On MOTION by Supervisor Dwyer, seconded by Supervisor Glidden, with all in favor, the Board voted to approve the repair and replacement of sections of the paver walkway for $12,250.

SIXTH ORDER OF BUSINESS New Business

There being none, the next Order of Business followed.

SEVENTH ORDER OF BUSINESS District Manager’s Report

A. General Fund O & M Assessment Methodology

The Board reviewed the Methodology Report prepared by Ed Santoro. Supervisor Dwyer suggested that no multiplier be applied, that the assessments all be set at $475 per ERU. After discussion, the Board agreed to continue the meeting to August 13 for further consideration.

On MOTION by Supervisor Dwyer, with no second, to set the assessments for all at 475, the motion failed.

On MOTION by Vice Chair O’Malley, seconded by Supervisor Wilson, with all in favor, the Board voted to continue the meeting on August 13 at 5:30 p.m. to discuss the O & M Assessments and the Budget Review.

B. Semi Annual Field Report

The Semi Annual Field Report was submitted and reviewed. The District Manager said that the minor maintenance issues identified could be addressed by the Grand Venezia maintenance staff, which is part of the negotiations concerning the garage leases.

EIGHTH ORDER OF BUSINESS Financial Reports for June 2020

The June 2020 financial reports were accepted as presented.

On MOTION by Supervisor Wilson, seconded by Vice Chair O’Malley, with all in favor, the Board voted to accept the Financial Reports for June 2020.

NINTH ORDER OF BUSINESS Attorney’s Report

A. Debt Assessment Validation

The Attorney updated the Board on the assessment validation and reported that the deposition for Ed Santoro will be conducted the first week of August, and the first week of September the arbitration hearing will be held.

TENTH ORDER OF BUSINESS Supervisor’s Requests and/or Comments

There being none, the next Order of Business followed.

ELEVENTH ORDER OF BUSINESS Audience Comments

  • Mike McManus commented that the Board is representing the best interests of the District.

TWELFTH ORDER OF BUSINESS Adjournment

The Board voted to continue the meeting on August 13 at 5:30 p.m.

On MOTION by Supervisor Dwyer, seconded by Supervisor Wilson, with all in favor, the Board voted to Continue the meeting on August 13 at 5:30 p.m.

Continuation Meeting: August 13, 2020 at 5:30 p.m.

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

Secretary/Assistant Secretary
Chair/Vice Chair