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12/17/2020 Minutes 16I 1 MINUTES OF MEETING FLOW WAY COMV'LAITY DEVELOPMENT DISTRICT The Regul:: Meeting. ,f ::Ie Board of D:rectors of t.`{e Flow Way Community Development District was held on ,rsday, Dl Member 17, 2020 at 1:00 P.M. the conference room of the offices of Woods, Weidenmi"er, Mich ` i, & Rudnick, 9045 Strada Ste':'Court,4th floor, Naples, Florida 34109. Present and ssituting a quorum: Zak Stamp Chairperson Rc., Miller Vice Chairperson Tc .i Kleck Assistant Secretary Andrew Mill,:- Assistant Secretary IV: tirn Wir Assistant Secretary Ai> presen Ja les P. WE _: District Manager Gi _g Woods District Counsel Je.pica Tolin Ai,dience: CI-arles Coo: Ec Staley Joe Reis Torn Conricose Di:7.ne Ford Al- resident's names were not included with the minutes. If a resident did not identify th€mselves or ' _a audio file did not pick up the name, the name was not recorded in these m utes. PORTIONS OF THIS EETING WERE TRANSCRIBED VERBATIM. ALL VERBATIM PORTIONS WERE TRANSCRIBED IN ITALICS. FIRST ORDER OF BUSINESS Call to Order/Roll Call Chairperson Zack Stamp called the meeting to order at approximately 1:00 p.m. Roll call was conducted and all Members of the Board were present constituting a quorum. He noted new technology was being utilized. He asked speakers to clearly identify themselves prior to speaking and to refrain from talking over others. SECOND ORDER OF BUSINESS Public Comments for NON-Agenda items 11Page 16I1 Flow Way :ommuni : eiopmert .-ict December 17, 2020 Individual., are perr : to speak 7,, items on the Agenda durir;that item F:-ci will be announced by the Chair. rson;co - its limited '._:three minutes Chairpers Stamp 7.. - .ted there v:.,'J!d be a time for public comments at the end of the meeting; however, would .7 to recur e speaker:, brief comr ents during regular Agenda Items. District V lager Jirr a ked f = were any members of the public/audience present who had a question ,::r the Boa.,.; there were ,one. He indicated he saw no individuals participating via telephone THIRD OVER OF BU' ' Cal _''deration of'.tinutes October F',2020 Rer°.°' Meeting M'' tires Chairpers , Stamp aski'd if there were any additions or corrections to the Minutes; hearing none, he called for motion t a -ove the Nc' ember 19. 2C20 Regular Meeting Minutes as presented.rOn '^N made ':y Mr. Tom Kleck, seconded by Mr. Martinn Win' :nd with a'",furor,the r!ovember 19,2020 Regular Meeting Min-,,._ ere ap„r'- --:d. FOURTH r. `.DER OF :SS Consideration of Resolution 2021-2 Considers on of F .:tion 2021-.i a Resolui:io 1 of the Boa:d of Supervisors of the Flow Way Communi Develo District De:; ,ring Speca Assessments; Indicating the Location, Nature and estimates: :ost of th nprovements which cost is to be defrayed in whole or in part by the Special Assessme ts; Providing the portion of the estimated cost of the improvements to be defrayed in whole or part by t''c =,aecial Assessments; Providing the manner in which such Special Assessments shall be r de; Prov- ' when such Special Assessments shall be made; Designating lands upon which the Speci Assessr shall be levied; Providing for an assessment plat; Adopting a preliminary assessme roll; Pr •g for a Public Clearing ::o consider the advisability and propriety of said Assessme `5 and th s `ed improvements; Providing for Notice of said Public Hearing; Providing for publicat � —:his Re: .:on Chairpersoi Stamp asked if there were a motion for Resolution 2021-2. Mr. Drew Miller moved to approve R:-solution 202 1_ 2;there was -10 second. Mr. Ron Miller: Spe for myself, 7a✓e no lute- `ion of ever approving this Resolution until such time as Taylor i +orrison s..- 'o to the plate and do thei,legal and moral obligation regarding the preserves. Having sa that, I wcU ice to comment on the legal and moral aspects of this. The Board has no legal obligation :o approve tf h_,. Is there any disagreement? Mr. Andrew Miller: This is a good question. We should ask and know the answer to prior to making a decision because not c- ,y did the Board decide to accept the property into the CDD — I'm definitely interested in understar .ing what the implications are to the CDD with the potential for negative 2IPage 16 I 1 Flow Way ..ommunity C "elopmeni ;ir ct December 17,2020 outcomes Ire if we :'c `'follow t, : c,h with the rest of what may be an obligation. If we don't understan: that, I do 7'` ::nk we are ,c t ing a decision with all knowledge. Mr. Ron A 7.rer: I wi' r the sc.,, pent as tefore. I don't think the Board has a legal obligation to apprcv• Mr. Greg 'oods: I _e_ .a take thi. ,`r advisen-,ent. i would he happy to give the Board my opinion after I take a good h .c, •ak at it. Mr. Ron N. 'ler: The aspect c,� the moral aspect. I th k we should reflect back on the entire history of.=splanade iromen . J:en Taylor %'orrison startcd this development, they put together a CDD anc the CDD -or and an existing number of units and a plan. As a part of that plan the CJ D was ti f ..:er of in:- J, ture and has done so. The CDD concept is well known in the State of F. rida. At 'a r point i;7 ': T ylor Morison came in and added the Dillillo property. At the time, they still had c 'i member!rc of control, and they expanded the CDD boundaries and passed the fundi- 7 so the c id take cd :"tage o; t, -:t. The residents have had a nonresident Board throughoc . Taylor son took ac' cage of t-± opportunity a-nd i would say they had the legal right to take ad '-ntage o h )pportunity don't think.i Bey had the moral right, but they had the legal right. Now we c •me up tc lc catcher pro: • : which is similar, but a different situation, because we have a non-Taylo. Board r , . sntation, z:. -c.ylor Morrison has once again added more property to the developrr ;t. I belie property as been approved by-Collier County, so those houses are going to be built, he ques n canes in w . respect to `he CDD and the CDD has previously expanded its boundarie to induce t property :,,.- so forth +A ith funding. don't think the CDD Board Members have any coral dut c any moral sc;:se of obligo•.on to cooperate with Taylor Morrison whatsoever. This is all bout Ta; ':i -orrison. it is not about ,:he residents or about our community. It's actually adding mc.-e people 7 resident's ''nenities. What it amounts to - think about the big picture - is that Taylc Morrison this is just `usiness, Taylor Morrison is going to charge the market price they can get fc those he • with or witi-c ut this funding. They will charge every dollar that they can, so if this funding comes r this is situp 1, going to gc to Taylor Morrison's bottom line. It's as simple as that. Tay". Morrisc:- i canting us tc c:-ce again be their bottom line play toy in giving them$1 million dollars a: bringing tr into our community and at the same time they simultaneously they are disgracefc y dishonorin their permits and the funding of the preserves. The final aspect from a moral perspectiv:, stand in 'h, -hoes of the :'4 people who are eventually going to buy those homes. Are they harmed? don't thi They've been helped because they are going to pay the market price with or without t s funding a they are Going to step :nto a situation where they do not have the CDD payment. They are got ; to be in a r:_tter position than all of us, the rest of the residents, so we would actually be doing them c , avor and not harming them whatsoever. I just wanted to share those thoughts with the ard. Mr. Drew hiller: Greg, -ould you please give us the context to what we would be able to vote as a CDD Board Mennber? Obvio -'y, there are personal agendas here as well and I just want to understand, not only do we have a leg4 cligation, b, as a sitting Board Member, what is the decision that we have to make as a Board Merit; not necessarily as a resident? Chairpersc 1 Stamp: , you mentioned at the last meeting that there was an agreement between Taylor Mc -ison and )D on this property. Jim, do we have a copy of that agreement? 3jPage 16 I 1 Flow Way :ommuni'.r C r-opment ._ : ict December 17, 2020 Mr. Ward 'could n. ? the G s records th it there is a specific agreement between the District and Taylo r4orriso. x the p This property was contemplated to be annexed within the constraint of the Is i cs of bons,. t-at were done. There are provisions in those bond documents essential} ndicatinb if. when tf,: :',s annex d to the District, it was contemplated they would be subject ;ssessme t be District ert through 'hat legal prc less that Ron just asked the question about of;, ether or •ct = Board h: s `': legal obi:ption to do t' Chairperson Stamp: Bu re CDD Bo.; ;.', then controlled by Taylor Morrison, did not enter into any kind of an agreement wit Mon . : •ing if you. this, we »i, _o that? Mr. Ward, ;could not f, ;ay sees;;:` eeme.nt t that. Discussior ::ontinue r -ding CDC Taylor t orrison not a itering into an agreement regarding annexing e Hatche p y. Mr. Drew •liller: My cc :ern, or cc. .. . _ ., is not necessarily a wri•:en agreement, but what we've asked Greg to is K at through, :s bond sgi_ s,-id through ?,ringing them into the CDD, if there was any kind of legal action that we r• ght be ope-,ng ourselves up to, because I do believe there is an implicit agreemen that wh-r. brougr' r -- as a G_:D Board Met ber who voted to bring it in, I would have expe ted, the folic •ing thing t;; open weulc'be to levy assessments and follow through with the original in ant of the bo sale. Chairpers: • Stamp: M :ther quest':• : :s, you also mplied with, because Martinn and I have taken an Oath of C. Ice. I dor - where it says in there ,ave to vote for Taylor Morrison's resolutions. Mr. Greg rods: If no ag _ ✓ou oc ?: re to vote f; it. Chairpersc Stamp: -_ • =rre is sti;i r :ssond, /will move on to Resolution 2021-3. FIFTH Ott R OF BUSIN :>S Consideration of Resolution 2021-3 Consider;; an of Resc .;:;on 2021 a Resolution of the Board of Supervisors of the Flow Way Community Developme .t District setting a Public Hearing to be held on January 21, 2021 at 1:00 P.M. and held at a Locatior to be determined during this meeting, for the purpose of hearing public comment :n Impos ,vial Assessments on certain property within the District generally described as the Flaw Way Cot, ':iity Devel•,oment District in accordance with Chapters 170, 190 and 197, Florida St :utes Mr. Ward xplained :Res . .,pion 202: :..u;d not be considered as lesolution 2021-2 was not approved. SIXTH OR-_ =R OF BUSIN Staff Reports Staff Repo -ts I. Distrir:' Attorney-' haods,Weide miller, Michetti,&Rudnick Wage 16 I 1 -• Flow Way .ommuni iopment _ ::tic: December 17, 2020 Mr. V. •ods: WE `r e petitio, th the Sout Florida Wate Management District per the Board's instru -ions. Th - we were : er;y 5road, sa we went bac and narrowed it to the specific things that v rre mod, : Taylor ;Or in tee it ct 9 months c' so, so we have now filed a modified petitk - with th 5: Florida :ter Managetnent District, it is my personal opinion, I think we have :hot with 77rath Flcric. Water Manaement Distri'. . but we are kind of late to the game. thinl: our strov e csition is ;. _batty with cue Army Cori of Engineers, but I think we have a decen shot with th icuth Florin. :,Voter Management District. With regard to the draft complaint again., Taylor l 7 7, you wit' to char the -'OA is listed c.s a defendant. The HOA is a nominal defenc ant. The a just in there because they currently own some of the internal preserves and lakes id s'nce ei : hts can be ,angentially affected, they have to be listed. The CDD is not suing the HC-A. If an( w litigation .-arnmences, `s important that you watch your communications with 2. Email tc are pote a!!y discover,._-ble, so be ccgnizant of that fact. We are a public body, .:a that kir °ormation Lecomes pote:-jolly available to the public. Chair,, :rson Sta, p: einyone ha:; ;uestions, w will come bacL:to this during Old Business. II. Distric Enginee Chair,. .,se:1 Sta ed Mr. W :o explain v '6,,this Item U•is included in the Agenda. Mr. V rd: In a . . _ense, the and has thre_•consultants, ie attorney, engineer and myself as District Manage C erally spec::-gig, these ite.-fs are on the Agenda if we have a matter that needs to apk=ar before yo that will be c-ctioned on, or alternatively we know is going to be a pending actin- the near-fc re. Often tr Engineer doesn't have anything to report, especially in a District that c esn't hay ;r in operal cs. I rarely an anything uncer my report because I make sure it gets the Age; ::7 an item.. - an:y tirre I Al say somet :•gig to you under my report is if it ends up on radar bet ce.n the time cf publication of the Agenda and the Board meeting date. So, unless ask the Eng, -er to be he or we have once sort of re port, we generally do not have an Engin. =r with us, III. Distric Manage — Vard&Associates, LLC a) Fine vial Staten-- s ending vember 30,2020(Unaudited) Mr. lard: Ida ke . ;your finan_ :is on the Agenda on a monthly basis in case you have any que fans. In t ie erim, you a s always welcome to ask me questions on financials outside of an ope .cublic boara ::eeting. I have nothing for you today. Cha 9erson S m The front r . e of the CD.: web page is rothing more than an advertisement for ylor Mot .cc- That's bee . taken down. In preparing for this meeting and interacting with cone Junity memL e-s it would be handy if we could develop some quick links of some kind on the from.page where „u could just co on and clicz the Agenda, the minutes of the last meeting, or now the litigat'on. Those are tile things people are wading through the 190 or so pages and hav;-g trouble fin 7g. Mr. card: We wr ry to work rough the te::'7nical and financial impacts of that to get it on the we;_4te as you we it put thee:: 5IPage 16I1 Flow Way ..r-muni --'opment L..,:n,_ December 17, 2020 SEVENTH 3DER OF _,. !'JESS Oic :easiness I. Agree :ent witl- Homeov. -er's Associa':)an and Distract II. Discu:. 'on of FL .voiding of 7, 23erve Mitiga. on and Mai: tenance III.Discus 'on of AL it ?reserves cnditures Chairp_rson Sto c. r'e have a :' some discussion back and forth about whether we ought to contir e this(A _nt with NI:. HOA or s_rminate it. Is there any discussion? Mr. Ri 7 Miller: No ve seen en-.ils going around about some requirements Taylor Morrison were still o ending t: order to get Collier Cou:asy to sign off on the lakes and whatever. I am genes izing her is going o in the bockg.,. und. From a layman's perspective, when I play golf and g around t and port ;see a!at c. stuff about 3 feet high, growing out of 2 or 3 feet of water i am ass. ..lese are :apes' litt ral. (Mr. Ward confirmed these were called littorals.) And w h what's jc: on with a :.he sour es permission as remedy, what is really happening? Are w. trying to those IL. Are we . ',ling to add some where it is deficient? Mr. N rtinn Winter. Generally, Taylor Morrison is required to plant the banks with materials that surviv- in high v,ai- :And in low water so that the banks do not erode, and because so many of the banks re makes -en't have c v plcntin.gs o r. all, Taylor Morrison is required to go back and plant in ord;: to get t _ . sections dose to get their performance bonds released. By and large the plan is to c back ai hem of: .: ively tc ha .s something -at will hold the banks from eroding. Now I hove a and with latcher prc _- ty that the have to take care of, so we are some mont!. away I from the 6 cf signin_: with Taylor 'Morrison as the littorals are properly planter'. Discof ensu: aiding Tayi. Morrison's ;;!antings of the littorals. Mr. C N Mille 1.. :ted littorc _ 'iUd mcre t:) do with water quality than bank erosion. It's not nec--_s. rily if yc ee one i 'eons toot_hot needs on€, there is just a threshold of a certain perce, age of lit -Lives nee. be plcatec" Mr. R. Miller: Coi tiering who`; going c; I a ve reread the HOA contract and it specifically says the H 1 is to p :v = all service.: It seems to me that the HOA contract includes mitigation and maint ?once of '.e eserves. Ti .:`has never"appened. The mitigation and maintenance that has occur -a'prior tc smitting this -Ito the CDC, Taylor Morrison paid some of those expenses in the past, I:it the lio, K. of it has b,--en paid for by the CDD. I find it odd that the CDD has been paying for thr;e expens • ereas the c. -tract requires the HOA to pay for these expenses. This may seem circulc. but it seem 'a me the CLT would have some cause of action with the HOA and say we want our n; ney back. ' -it's a bit cir.. ,0r because it's the same residents whether it's the CDD or the HOA. _`ut then i wo d raise the ciestion, is it really the same? The way the budget comes together throu , the HO bsidized or;ended by Taylor Morrison as it should be. You can't go back and redo five year !c fidget, so if 'e CDD were to ask for it's money back where would that money come -am? It cot.`r:n't come oc : of the current year's budget, so that then falls back on Taylor Morn. n to reimbu e the HOA v '-o then can reimburse the COD for all those past expenses. I think that's .-omething w= nave got to ;et on the table. I think Taylor Morrison can very well be held accou table for tho.,' expenses th- ugh that medium. 6IPage 16 I 1 * Flow : •;muni C • eiopment C 'ric December 17, 2020 Mr. D „✓ Miller T ,: internal pr. -erves and c tot of the preserves that have the initial mitigation done ere being C c and maint, :ad through the HOA prici to the final mitigation efforts on the exte-r presery �,ce the init- mitigation na complete `lr the external preserves and we went into r •intainin the prope was accep - d by the CL ), we started maintaining all of the preset -es includ 2 internal a. _: the externs, so there wa_ a point in time when some of the cost was it ide of th<< it budget. 1 t ..,k the differences between the CDD budget and the HOA budget, at leo: in conte. ;hat you are >ny:hg, are very similar, bee ause the HOA budget is deficit funded, but if .au put i .Jlar value i te. the budget it raises fees, similar to the CDD. If the cost is $200,. 0 dollar.: `c maintain the ;reserves, and it's in the h')A, it is spread across the number of units c id Taylor.'4c v:son deficits %ds it. S,imilc'ly, in the CDC., it is spread across all the landowners and Ter `ar More a- finds its proccrtionate share as well. l can't know about back history or what that:, ,ld mea wither ent vi s mount_-ring it,for e_ :h resident it is very similar. Chairs .-son Sta a. "ou said mi.'. tion was c>mpleted. Is -hat your opinion, that mitigation has been c ,-np!eted i . e external Mr. D :ti Miller. Y. it went in Tointenon . You may be trying to catch me on whether it's a permit or it has t= maintained. There was an initial mitigation that was done. Remove all of the nuisa exotics fete. Pr/0 the CCD acnepting it, rn, "ors of dollars were spent to mitigate. Simile 1 speaki, _ the wood s Liks and those kinds of this:_s, yes, there was a lot of money spent to cre, the ar , .tigate the area, and then there is an ongoing perpetual maintenance scenario that h s to be c So, the tin frame, and ✓✓hether you are talking did we get signoff for that main:- -once dt, oat time p_ ed — I don't want to split hairs — it was being maintained or is being airtaine now in a r ntenance st.rte. Chairf: 'rson Star':a: y recollect en is Tim Hali stating we are still mitigating some of this property. We at not oka :c „ ? to the ne. step. There could be some overlap, but there is mitigation and there maintennnc Mr. L v Miller. 't know if l':st matters ti t much or if!.n misspeaking a little bit. But it's in a mats, _ :ance co xi what I wo :`:i consider th 'nftial mitigation orders to be. Mr. R :1 Miller: or what you are saying. I understand what you are saying, but factually speak g, the CL : . spent a cc! s derable amount of mane .very year on whatever you want to call it, ;iitigatio iaintenanc_ cr both. Factually speaking there has been a budget spent every year the CD, a ne extern -.•eserves. There has been money spent and the HOA contract specif :ally says "te HOA has pay for that. The HOA did not pay for it, the CDD did. So, why shout.-,'t the CC % ;ore the op: ::n of going to the HOA and saying we want our money back. You didn't =vlfill your s act. Mr. IA raters: At the .rst meeting v-e asked for the accounting firm to go backwards and look at all those Tenses and ~.:cumulate uc through this year of what those expenses are, so maybe Jim, you can te us what yot :.pink the tir.-::frame is for naving those expenses on the table, so we will know the m. gnitude of de ors we are ;king about that we would need to roll into the claim or bill back to the -10A or hove,_r we want to handle that. 7IPage 16 I 1 Flow —rnuni L eiopment G ,crict December 17, 2020 Mr. I. i. 1 a he prcc?s: _;atherinc he inform the auditor needs. I have some quest; s for th cer, but i , . .:id say with six weeks , /ill have this. Mr. is ters: A point in tin ve will ha something :a put on the table and the Board can decide :hat we a do about hat that ru o,ber is. I have another point, disassembling the HOA contrc t from tl . and that we have turnover coming ' the HOA soon. My understanding is Decer er is wh hit 90% i. ;!os,rig, wh;L means 90 d.;-s later turnover occurs, which would be Mc :1-1 15Y. the case, have to co to terms with what the CDD is maintaining, do we cance Tat con ,hat is the . maintai ;y, and what is left for Taylor Morrison to mitigate that(.1 _sn't bec .e expense either the Ct)D or the HO 1 think we need a schedule of duties as to :o is res; . ie for what ood rake the ,next 60 days t try to figure out how we disassemble that c -itract an::: as;'gn the dutie: :-a the respective departments. Mr. C ;w Mille Jree. If yc look at the Waldrop Lao iscape Maintenance exhibit, there is actua;. ,propert ,ront entra. F.. and the r: ad. I think thct should be a consideration when you guys c -e lookin( are procc going to ;. ;t some fort of agreement between the CDD and the H and s( k getting i - duties iror::.J out, includ: who maintains this green and pink area, somethi : probably to do bef e you wholes a get rid of the agreement. Chai4 'rson Ste Vlartinn do 'ou have ar" more about the audits? Have you put a team toget Mr. IA. ter: 1 h. : .t put a tea; together. - -e been wa; '' g to hear what the timeframe is for our ex sting accc rg firm to core up with v;, :;t the past expenses are, so we have an initial set of numb -s to look at will be inte ,:owing soc people to assist with overlooking that, and at our next r-reting I wr e some nor es to recommend. Mr. '-d: If yo .c toga-he. :o do whatev.r it is you want, that is not a problem, but if Board = through sor process of Ir:king at that and saying yes to it, then it becomes a committee subject t the Sunshine _aw. Maybe you just want to do your thing and be done with it. Chair;: rson Stamp. formally aG : c committee. IV.Litigat an Matters a) Pet on for A.:mi strative He :gig :FWIMD 7ermit Modification transferring operations to the Flay. Way CDC Cha Gerson S -. Anything c ':-_ to add or, the South Florda Water Management District? Just to clear, i .r I accept a : :otion giving me the authority if we have to file any motions, add tans, corn etc. that '-i1aht have tr.Pe. On MO" )N made b Mr. Ron Mii;er, seconded by Mr.Tom Kleck, and with fc • in favor a.c one opposed, Chairperson Zack Stamp was given t- authority :o file any motions, additions, corrections, etc., regardi, the SFWML: permit modinccation as netAed. Mr. rew Miller v, opposed;t- remaining Board Members were in favor;the motion passed. Wage I611 ' Flow Way .ommunit,, i. .'elopment strict December 17, 2020 b) Met, orandun ,paint reg<. Owner: F and Main.enance responsibilities for the Main Prey Awe loca` -ir the be caries of FQ: ov Way CDD, Chc. -aerson S. The litiga - r;ith Tayir "Morrison is it your packet. You have had a chance to it. at it. -c,. -fully, there a rnemora am to accor ;any that. We have counsel here to ans er any qr Mr. on Mille: - • re has bee:. discussion i , :he past aboc what is the amount of money which war, > be the aer amour?: .1 money fa - the perma. .Ent escrow funding of the external pres. :-ves. Tk as never bey-r a come to ether on that subject. Lots of people have lots of opir .ns, but i se ns to be so .2thing we irately have a come together on. I think we have had some dis. ss n on hiring Tim Hall ty replaceme . to give us their view on what that woo -'be. At-. pint I would ce to bring o_ •attention to :he fact that Taylor Morrison has their opir n on this er already. all recent -eceived an =;nail from Taylor Morrison where they specifically told a is$242 dollar per resident. I have no idea how they computed that number, but --ireg, I'm -r: :an get tha. discovery. That's $286,528 dollars a year and at the Corp of Eng. -eer's 2% -r ate, that's;_: ,326,400 do ors. I would :rggest the Board would consider that as c offer fr ,ylor Morris:. . With whc:ever actions 3reg is taking, going forward, I think Gre_ at least umber that<•.,e can discuss, that Taylor ri"c'rrison has given to us. Chic. .person S. Under Flor;,;a law there is a way that has to be handled. Mr. ard: Ac the numb is the District's number. as actually asked that question and 1 took the budr, ✓ided it by tie number of units, and gave it to —actually it was Mr. Cook who ask: me the c -on,so that'. Mere the nu•nber came from. Cha 'erson S. If there is c settlement o,,Ir, they have to come and tell me that they want to offe .as somet Putting it in a newsletter is not a settlement offer. I wish it were that easy. Mr. .n Miller �erstand th but I think :ounsel now he something to look at. Mr. Woods: is ; number obviously. It's :a number used by the District and perhaps Taylor Mo; son, whit`, r . good start ground, l: obviously in a lawsuit we would have to prove the nun ::;er and it an offer ur' they send something it writing offering it to us, which I have not °en. Mr. an Miller I read throar, i there, I tia k I picked up e named defendants are five Taylor Mot 'son Boar('iu _"abers from : e past. Are they named de;pendants? Mr. :Hoods: If thr 3oard appro,es the filing, they would be named defendants. They were on the Boa•x at the time ,at we contend the CDD prematurely agreed to take the property. Mr. -ion Mille there some •Eason why subsequent Tal or Morrison Board Members such as Johr. Wollard, Miller, ant- `le first one ""ho resigned aat I can't remember, why have they bee? excluded that? 9IPage Flow Way .ommun . C:. elopmeni . riot December 17, 2020 16 I 1 Mr. -'nods: L iller wcs ;r' the Sc ; at the time at the properties were accepted, and tha- the big. our opi;• biggest . -ci; of fiducic duties when they prematurely took the, prcperti ;e would e respons for that. Mr. ,n Miller .ee with . I think thai 's factually c_ -ect, but subsequent to that, and this cam up at a ty of the Br:-rd Meetings since I have b?en sitting on the Board, we've talked abc :fiduciar rations ear` .r;d every t 'r:e, and Taylor lorrison's representatives continue to vote :gainst t -d on ever, :melon that i ed to do with :ur pocketbook, the CDD's pocketbook wiry `he mitig Ind main:e nee: subsea; ant to that trensfer. While I understand and concur wit, :hat you ying, wou,- gout the sob. ?quent violat• s. Mr. . oods: J arify, unc me CDD st: -ates, the deve oiler is allowed to have it's appointed Board Membe the Board. That's not a conflict of interest. It is a matter of degree and a mat :r of leve :eing to the- -property wu_ potentially problematic. The approving of budgets anc rings fa 2 to Tayir Morrison cord be. There is an argument that yes, that could potL --jelly be 'ch. It's a 'er line, and t's up to the hard, but as your litigation counsel i wen" r'like to '✓ard with -c't believe be the stro gest arguments. That's how we have tare :ed this That'_, . t my opin _. If you wan: me to look at the potentiality of the oth 3oard N -s, I can lc,: :.rt it. I just tr'ek it detracts from some of our stronger stuff. W. on Mille would alsoriot out, ar, this was me: tioned in a Board Meeting to Taylor Morison Dire e 'it that time-: We talked;`equently about the fiduciary obligation, but it was also •ointed c -lcridgr.c; C de of Et:'cs Statute, and lam going to site Section 112.3143 whi. ; specific , ys that tar are to abstc7 from voting any time any benefit would inure to the employe they vote 51 _ch and eve-, time on those motions against the CDD. I don't see any rason to them fie) Cha .Jerson S As someoc who used '< play being a lawyer, it's my opinion that it might be gooc' to do ti , ° a lot of reasons, but any damages recovered for say Drew voting for the bud_ -ts, are c 3 get some etset of the -ger picture. We are not going to get a recovery for eve membe; voted. If tie dcmages -e $14 million plus whatever past they should have pair we are rng to get : doubled or : ~pied by four or five Board Members. I guess I am ogre ing with 21 that it's r w rth the ::rndle for the v.'ax. As far as the ethics violation, that v✓oc not be . :d in the suit anyway. i don't think that would be actionable. You would hae' a file an complain: "'ndecipherabie 43:07). Mr. :"inters: .would be in rived with f'. ; an ethics complaint? Mr. 1!oods: T,c, 's a form on`iine for the DBPR. i believe the agency DBPR has a form that you can ctually fi = :Wine and e `the proce_ rolling. Any member of the public is free to do this. Wit the conf •nterest, yo re going to ::ave to show—they are going to want specifics. You have to look a ' necific vote and the specific action. Mr. 'on Miller - unless actt—i were brought more forcefully, let's just theorize. Let's say that Flor'-`a would that they vi:'noted that Cr-'e of Ethics Statute. End of story? Mr. floods: - c's fines. 'iere's criminal penalties. There can be a third-degree felony. Certrinly, a mi cie eanor, and;: ere are monetary penalties. 10IPage 16 I Pe Flow Way ommunii .elopmeni `rici December 17, 2020 Mr. on Mille. rik it's c s.'• ••,e that Ta•;;or Morrison N its employees in this very awkward pcs en. Nev ss, they re in that '. itiorI ano' the voted for Taylor Morrison each and ever, time. Ti -ice fiduc.'e.- • a; the broke Statute on voting when they should abst in from and 1 tr.::r actions have consequences. I'm not going to do anything here todc,:or make tion to cc Char aerson S 'Wou'd ;c want io counsel to :c,.< into that before the next Board Mee`ing with -..71 and whc • 'e need tc Mr. on Miller ask course' a think ab,a,;`putting them as named defendants in the lawsuit. Cha. Person S 1 can certa --v ask that if you give me permission to sign off, I will probably sign If ivitho m in there trey can c -rays be addel later, because I truly believe there is no :ecause; not gong get any n —if we find all the subsequent directors to them to be g ilty, unle tell me diffs:-ent, it is no.,:going to increase the amount of the award. You are still cing to c a sun of ;ne y. ii`s a.:`like it gets 0.—,nything. Mr. an Miller -e but that a is people's attention. Cho' aerson S : Well, the' 't does./ can these e ;:;t Taylor Morrison Board Members tolle tively, he: :: they've gel '14 million collars. Mr. Winters: Jo: we approv, :his litiggat.c as it is currently crafted with a request for you to corn back to ,- a second creating with same suggestions about filing an ethics complaint at the nex7: $oard me Choi-person S. -'a:: Yeah. Why don't we fin sh the discussion on the litigation, and ! will take a mot n on tha Mr. _rew Millf <ve a couple questions if i could. I guess on the ethics, if you are going to bring any, ing on b iou wouldn't mind articuating what would be different for a Taylor Morrison ems ayee voti the Board .ersus a resident voting on the Board. It seems to me there would be s Tiler con. interest pcentially. Mr. Woods: (.ou an individuc resident have a conflict cf interest? They could, but the thing aboa t Taylor Morn!scn is because you are the developer there is an inherent conflict of interest. Mr. '?rev!Miller: at permitted. Mr. loads: Pern- `ed to a certc;,.level on ce'tain items. Mr. rew Miller: there is no conflict of interest because—I think I understand. Mr. -'on Miller. are not emp:eyed by the resident. We do not receive Ay paychecks. Mr. Irew Miller: a, but you h2'e obviously benefit from it. How long do you think this litigation wou i take? 11 I Page 16 I 1 Flow W -; Trnuni elopme ici December 17, 2020 Mr. loods: T no tei erage litigc_`ion in Collier County is anywhere from 18 months to 24 c. :orbs. N ,:cos:. _ somew-i r along the w'y. Mr. .: <:Mille- much peter 5 `' ;sing to cos` ';e CDD to litigate? Mr. c ds: olutei ends or. ,r Morrison :d how much they fight. Sest guess initi •oula ut$2C0•:" dollars to T0,000 dollars. Mr. -ew Mill -.ot do you rk the iikeir god of success is? Mr. °cis: i ;ere a. r ucrantees ;itigation. Mr. ,revi Mi; re the pas. .:nd ,pre_e;'i CDD Board rbers covered by the DNO liability insu ance that - CD pays rc Mr, goods: T ould be. tVard: icy are is_ an enity ir.irsues either on existing or past board members it is con_ Jered to _ ng itself ant: there is no DNO protectio;-for any member who is sued in that indr r'ual cap_ Mr. ~ev✓Mill: you are suL yourself, u don't have :overage. Cho .:erson S: r. I think for -re -ecord, ` t did become a criminal case it might — there is no DNS "o so a c: r• l wouldn`° : ote that. Mr. on Mille o back in e, a year, 18 months ago,just out of my own Board Member curie 'ity, I cor number agencies, like land conservation agencies (indecipherable 50:17) becc 'se Taylo bison was s,. ;posed to pass the preserves on to a conservation agency and had not 'one that ; , ent out and '7lked to some agencies to see if there would be any interest in ther having t Not that the Board :d the author:.y to do anything at the time, but just test g the ak _ of the og ices. l fourd a couple. -le named a couple of agencies and indi::tee'. he ! --uch with Sa agencies.) Recently the _Yecutive director of the Audubon has core• back to bout the stc' c. They com`inue to have nterest in these external preserves. i tool. •nto cony c`ion where <.. are and tc'd them yes, the Board might have some interest in donating the i the Audubon, but frankly we do not have any funding to give them. i will go bad' and talk ._m again, je.::' on my ow but they ha'; interest. I just wanted to make the Boa 'aware t 'ere are pass.cilites out there. I would e Taylor Morrison's ears to hear that the; are posa 2s out t hers . :hat perh�i s there is a p::ssibility with the Audubon or others whe this thing c..rld all come _rcgether. I don't think the Audubon is going to take it without any money, nor wouic :nyone else icke it without any money. Maybe there is something out there for Tay •Morrison tc %xplore and come back to us with. Mr. rew Mille . that note, --re we even c:le to move the property or give the property away? Righ now, it i. teral for bc. ds potentially? it may be something to look into if you are asking that cxuestion. 't know if w are even able to, as a CDD Board, to transfer the property. 12IPage 16I1 Flow Way ommuni'i L. ,-eiopmer.t :Lrct December 17, 2020 Mr. lard: Th -,n't matter is like tr :`erring a utiii , Transferring the preserves would be like • -ansferrir `ility. Chat Jerson S If there is ;o further c'i-cu.�sion, I wil take a motion authorizing Woods to fina e this lit 7rd a.j:l.: :,it's fliine. '''e target bet--before the end of the year. Mr. rew Mill • ,ink the - - 'ittle ch.-•ice that this , a success and I think we are wasting the . 'strict's r• and I cc - cood conscious vote yes, so no. On ;I'N mace Mr. Wrt:ir, ' Winters, sr,:cnded by Mr. Tom Klee' r c' with four :r, favor and ane against, Woods, Weidenmiller, Mic & Rudn°ck -as authcrizrd to move f, rward with litigation aga; _ --4or Moir. ;-:n as presitly styled and Chairperson Zack Stan 1.1 is given tl ,. authority to make modifications as deemed necessa Mr. ev✓Mill , again_.: ' remaini: :card Members voted in favor;the motion passed. Cha :Jerson S I will tc (:: motion: -`_ --rding counse' exploring ethics violations and come bac. `c us nex 'th ✓✓ith mor-. detail on how, why, and when. Mr. rev,Miller• I conflicte' ^ere? How or 1 vote legally? Am I permitted to abstain? Mr. 'rods: II "sticr-`',_ so i thi- :';can vote. Mr. rew Milk 'rote no ar- canfl'c` 'rterest? Mr. 'foods: No; ±- are fine. On MOT'ON made fry Mr. Mart ° n Winters, seconded by Mr. Ron Miller; 1 with four 'n favor and one against, Woods, Weidenmiller, Miche" $: Rudnick -"as asked to look into the mechanics of filing ethics , ations agar st the Taylor Morrison Directors and report to CDD Bo_rd at the next meeting. Mr. rew Miller v. ed against;I remaining 3oard Members voted in favor;the motion passed. V. Envirc imental Ccnr itant Services—Preserves VI.Civil Er gineer for E. :::uation of Water Management System a) Conn deration of ',rge Engineering Proposal Mr. -Vinters: V/ ave a proposal for Forge Engineering to do an evaluation of the lakes and litto•-11s, the inte waterways, all the water management systems within Esplanade and he has mac a propose: iich is contained within the Agenda for today. It is probably best to let Tom spec for himse;f to what tha scope of services is and haw he views this assignment. The idea behi rd this is to e -o:uate these assets before all the performance bonds are released to make sure all t: 3 water con' systems were designed, built and operating functionally correct before Taylor 13 Page 16I1 • Flow Way ommunity C .eiopmert strict December 17, 2020 Mor son is re cf any r. . iI iI ty for i and that we c et a time where we report back to the Boa- in a ma .t ai;a ; :o i iteract L.ith the Count, with regard to those permits and the insr _.lions ar =-th. a = hefef: - doing so is . -mewhere in the ballpark of$10,000 doh', s. Mr. cm Conr i ar; Ferge Eny veering. We ginally were asked to respond to an RPP ch was b!t:` .r Assccioiicn. Later t.=a` ,wrk was split into two pieces, one for the DD and t;c- . issociation. This sco,ee o work is focused on the littoral zones and ;le water- ;gemeni sy- r•m across the entirety of e District and it is in response to the D s: rot t: ..sociat- -he scope c` work is to c back and lock at the history of the per Ling of `ire de.rei cot, with to: Water Mar 7ement District and the Army Corp of Eng ers an: cat whcc ;;e ob-gc _ns were of permitting process and what the reg. :rrents end then ::n eva`u :i. ; on site of r _;w it was constructed and we would pro a repc < to the CL• oard and eke recomme -dations for work related to Flow Way and lything 'ated to the '.-'aterMcnagementDistric=. Mr. ../7n ers: was asp: .. o make `h ; :,resentation because the resident advisory group is con:=mplatinc =orge to a. :he buildirg roads, bridges and so forth so that one firm would be c .'a to har : e ' : ,t fc° the infra'si .eture, but we bifurcated the proposal so t :t part o.; _ to the a -part goes to .he HOA and I don't believe your firm has cen engc, :t on the H,:',' side. is tee right? Mr. onricose: have not beFr engaged, out we have conducted multiple interviews with the trar `lion tear' , ,HOA Mr. cm Kleck ,e had s2 questia _ cm homeow rs. I understand the responsibility of tak core of" :es and the .:nds no' en Taylor A. rrison. is that correct? Mr. 'ard: Yes Mr. dear: W e they go.. :`o start La.' 7g care of it? A lot of the neighbors think that the littorals are to-r:ir into a swam and we have our lakes that are almost overtaken in a lot of cases by t. :use weer u ` them .4. Littorals ,o me are a fie .Yering plant usually put on the banks of _ lakes c Yids. So r:_,_ _` now, it cesn't seem v , are getting any kind of cleanup or main :-enance will on the:: 'akes or po .ds. I've noticed that Collier County has a guy in a boa out fron: Flow Wa, er whatever that's called, killing off the lily pads and the weeds and he tall g that are g; wing inside the water and I think the neighbors need to have som .aody tak -e of it bef is turned o Mr. onricose: G. ;cope of we which we have not started yet would be to take a look at what was 'ermitted tt- amount of area, the littorals, the types cf littorals, ail of that would be part of the ermit re Then, we -'ould go out and actually take measurements in the field to data mine hot are perforce rig and whet er they have died off Mr. 'eck: M), ons may be .`or Taylor M:rrison. Why isn't that being done now? Mr. raw Miller is being done 14IPage 16 I 1 Flow Way '.:ommunit.,' •eIopment r;strict December 17, 2020 Mr. "`,dries Cc cr Mon Taylor VI. ,rison is moniv ring the lakes and maintaining them. Mr. eck: Art o rg aryabout it: Monitoring in ane thing but taking the product and to.• care of , :;ther. Mr. 'oak: Sur: of the n. wrth t i;i:-County is re owing the littoral shelves, the slopes, the - cund co we arc . .c process .f going three:,a all of those and giving basically an aud, of the sty. :-ter syste Mr. 'seek: W esponsrc'_ ``e s,Jar :s, the lakes, that are filling up with lilt; pads and gra: S? Mr. -cok: 1 Fr;: seen lily p,.:.._. The grasses are native . :asses. I've seen some pictures, but i woe 'be hap - .:ke a lock : .rhatevcr yr.:might have far as specifics I might ncI.-be aware of. Mr. eck: I hcl'<_ _tos of epic:. she lc'.>c .';d waterway' that are being encroached by a lot of gras..es and we ,md lily poG; 'just took e pictures th 5 last week. It appears it is not being mci".dined as :... ect. Mr. on Miller: - help me v.- this, beco:: e :continue t be confused. We have this stuff that is g; :'ing in t,:". s. I wou!c them ,vec .s. Those are ttorals? Mr. ".eck: Nc g to disagree with people who call that littorals. I was on the CDD in Bonita Sprir's for 3 ycc : and we hac the same issues up there, and we as a CDD organization had to phy. :ally pay - . lye spent cf mc: sy, -.housands o`..ollars to keep those lakes cleaned up. We ever hoc :d somebo : with a b: .at to regulate. Either cut them out, as low as they coin aet. WE ?eople go it :-nd manual!, rut this stuff cut, so it didn't encroach on the rest of th end . ; spent a r f mon_;• c: littorals tha` were strictly to keep the banks from erot ..g, whir ' e way, veer_ not effectiv_" at al!. We'd plant them and they would float after the eters ca. Cha: Gerson S We are he ng a debate .Mere. We are talking about engaging an expert who can erne bac ._ttle this d:- :ate, so let's o back to tha:. Mr. on Mille `we are se: .g out there it the moment is not what we want? Mr. .' 'eck: No 'utely not. i.t wasn't there when we moved here. Mr. 'artin: I '•r .1 like to c1: :fy if certain items are wif. •`n your proposed services. We have son-: existing issues 1c :he comma;-. 'y. Namely golf courses don't drain properly. Ther_ are sev the greens :hat are just soggy and wet. The drain lines are full, they don't drain. Will yc . cart of you; ?ssignment be able to look at where those drainpipes go into the lakes and por, give us a east a preliminary assessment as to what you think is going on with `hose dre systems? Mr. :onricose limited w because our scope was modeled to be fairly limited and then ider.fy problc '"at we cou;c explore further if we needed to. There are a lot of technologies 15IPage 16I1 Flow Way mmuni': a opmera ALI December 17, 2020 ava/ 'sle to gr explore tr ::se pipes furOer. if there is sedimentation of catch basins in the pipe raken ced co.:_r eipes, or c ;of those tyt. :s of issues, we aren't going to define thos We m a pro: bu:: then rE ;wire further r 'estigation. We would report to you tha7: 'e think e cater; that are. .;l; we can do .-;.at fairly easily, but if there is failure of a -ipe bet; -e catcc .: and e°n,;tr :r, we aren't _:Ding to be able to do that unless we brin 'n some. ✓.deo t _ . _s ana ide tify where we .'lave root intrusions,failed pipes, any of sorts in the :eater mar;agement system. Mr. and: W :s contes .ee drainog_ system, these pipes going from the golf course to a lake c:r from r: t to a . t• ings of .hat nature, are generally not in CDD ownership. I do not ink they the owr'e. of the CE) in this particular District. 1 do need to check that. So, st portic scope, i are going do that, I need to check that for you and see if that is re y withi D scce° services; c if that shoulu be in the HOA scope of services, or who er own._ ;pipes Mr. "inters: =: ' is looking -he lakes ar.'the lake is the recipient of one of these pipes. Can her at leas;` 'to the pie,.. le, sec if it's- Mr. '"•ard: Th ,e of it is f r_. but they a:• usually stick a camera in the pipe to see if there is any r'idup o ' in a pe- : :' of time that 'Ices happen. I do not know whether leng :_ c or Tayle-Morrison, or the HOA. I do not think they are CDD own_d at this Mr. :sinters: f the 'evels, f r , the lakes are full, are too high versus where the boit r of the :' What :s engin__ improperly and built improperly? Mr. :nricose ouid be :o see c`at : comparing :2ermit documents with site conditions whe we are c re investiga;e y. Mr. "inters: item is gre:-Tdwater monitoring wells. Nill you be looking at those? ,nricose did not i; _ ice that in ,he scope because that is not something we would nor elly scope a 'r as the tureover, but we could look at that, particularly once we get into the per docum_ ;d find cr: ::v they wet'permitted. Mr. 'inters: is t,1 `considered -_DO property? Mr. �`ard: I c ,ink so, buy can look at I don't thirr, it's a bad idea to do it, so I think we will ;,tc figu 'low to sol:: :.'iat problem Mr. 'inters: ibout the Ill. station? We are getting cc.-nplaints about the odors coming from the 't station 'le can sme• sewage. Mr. 5 nricose: antly, the p�-mosal we have before the COD does not include anything on the war or was :r system. -;s part of the proposals to the association, we would normally inck e a boo,' :ter and se✓ier infrastructure throughout the development and in that we woo. .'identify oblem and ,aok further into it and see if it's an upsizing issue, if it's in need of a bic side or so :her treatme.-t and then make a recommendation back to the association. 16IPa e 16 1 1 Flow Way cmmunV:, Fi opme cc December 17, 2020 Mr. :'inters: `: water sys :,r;s and sewc"e systems not part of the COD? Mr. Ward: Tr and :;•stem .r originally c:suired by the COD, but they have all beer turned o oilier Cc for owner:•-ap, operation, and maintenance at this point. They are. ownec ;er he he C,`. . -hey are ovine Collier County. Mr. '.'nters: -`s'de the ,':ty of tie _ D to evalua t ihat the problem is? • Mr. "yard: I v ;L agree wit' :::king c !ce at it for whatever the design perspectives are but doir: sorriethi-a :ut:t aP. "cot wou'c`.`,11 to the Ccu ;ty. Nlr. i ors: 1` '.•r re iraa, desr ne would that ga back to the developer? Mr. 'ard: I'm ;ing to aas i he legal c estion. I oaf l ;nly tell you they are owned by Collier Ccc to take Mr. ','inters: aving to elite takinc a look at ti; v because it is a hot button in the con- .pity or ait ur.: , c :iDA s es• "es their enga ering agreement, we may be several ma: down . ;)efore t tually -- Mr. _id: I would are a pro: cm. It's a governmental asset, so I don't have a a. with .a putting :stc its scope. if that's what you want to do, but other than being in tr:scope arc i, : stifying it, v .;rould then lave to kick it over to the County to deal with. Mr. 'raters: . stand, least take - look at the : station to give us some preliminary ass: agent w bar, :biem, a_st giving us ,ur opinion as to what you think the issu_ 's with t s`ations. ,;'ik it wouic :se very help;.'. You may decide to hand this off to the c. :her side evaluation, ; ce they get engaged, but at least start a preliminary look at the lifts rich. Mr. ':onricose. ': ':at we woui do is take a look at the County Utility Ordinance which would desc 'be the pr esign of i`at lift statio . We would mpare that to the plans, and if the plar coincide : hays c' . for in the -aunty Utility -dinance, and we talk to the County Utilr ,and say ,c d you come :at and evaluate this because of issue A, B and C. Mr, inters: i'ly . -,derstanalt- s that Co(ii:: County is unhappy about this also. Hopefully, we will a et good part =rship with t`::m. What about the mainline irrigation system? Mr. aonricose do not have the mainline irrigation system in that proposal either. We could cert Ily take at the related = what's constructed and give you an opinion of any- ,.ngwef Mr. moors: Con .0 include tn.:-`in your proaosai? Mr. -anricose. :an. Mr. 'inters: And e entrance rdscaping? hat is a CDD asset. 171Page 1 6 I 1 Flow Way .ommunin; eiopmem tract December 17, 2020 Mr. snricose: _-- we br`:. ; the pro;.:sal, we left e7 the landscaping in the HOA piece of the oposal. Mr. .lard: It is • asset, _ i; c Forge :>'ould go aheL, 1 and do the work as it relates to CDD asses which i, c; es !andsce,c ;: irrigation. all of that stuff, and if there is any hardscape out then'. Mr. /inters: Ok Include ti:e :so then. You may need tc modify your proposal to include these addi onal scope Mr. on Miller as''<,d if the weeds, which he previously thought were littorals, would need to be eras :ated. Mr. 'eck: If,:,r.� c bought ai(srront property to look at that, I think they are getting something the:, 't pc guess other c,..,rmunity I have been involved with, there are crews thcr wit with Ind saws and weed killer to eliminate this eyesore, because it is not corals in es. Somebc:w has got to be responsible for taking care of them. Mr. ,n Mille riembe,' s:. -- in other- _ommunities, people in boats, people in hip waders gain.: out and : _s!!y pulling -nese weeds. Chc erson S 't satins's s ;✓e are g_` ing where we need to go. Since he is going to be me ing his 7 -al, do we s.d a motion allow you to finalize it? Mr. 'ord: Ye •nuld just be c motion to accept the Forge proposal subject to modifications as deer ed epprc �y the Ma ?:. Mr. 3reg Wo 4:11: "rn y;rr e'- doing your wsrk, you will be documenting what you see c id takin: is of sort of thing? Mr. Conricose: Ye , sir. On ��G. 1 made by Mr. Marti-, Winters, seconded by Mr. Tom Kleck, s_,d with all in favor, Forge Engineering was retained to do an evaluat , of the ,';es, littorals, ponds, waterways, and water system: identified in this Meeting subject to Jim Ward's ability to modify ' agreement. EIGHTH ORDER OF BUS .SS Supervisor's Requests Chairpersc Stamp: Arc :eere any other comments Mr. Winte. s: At next mc-rth's meeting we will have three proposals from environmental engineers to do the mainte-lance of the n'ternal preserves. I am in the process of getting those proposals in. They have all agreed :o come ansv questions end make presentations. 18IPage t6I1 Flow Way _ ommuniTy C .relopme:st L .,:riot December 17, 2020 Chairpers • Stamp c v for._ ;p esec1;si•on would be. -,1r. Winters responded he expected each pres'. :station tc 10 miru ?:. Mr. Wint. We t ost got'_ second is paganda pie c from Taylor Morrison on what an amenity t: _ ex-`ernc err. 7 s:se/c can have egsestrian events out there. We had our prior cour 81 look it . Jim 'iv coked irtc 't and could rat find any legal authority for having equestrian .vents a xte,-;c 'rves. i we have th propaganda piece which proports to treat this it is a f c ;nrpli tho: preserves .lave been tras:sferred to the CDD and just be happy with this ).ndcrful ity you hey.- • wcndcr:gig if there is so-)mething we can put out to rebut this propagan, r that Tc n -'ar:son , ...e ow. t.: .":e community= In light of the litigation that we are going to c gage in, .3( that speak , itself or is ,t advisable for us as a Board or a resident advisory group to F out a c PR piecs -,-e comrnun;y saying don't believe a word of this. Mr. Wooc When pa:,'`. I r,: - , hat would c :,:e better from a homeowner group personall. Mr. Winte 1_ thenconflict .v' of yo; a;.1 doing that yr_should be careful about what we say and how y say it? Mr. Wood:: No. Ju. t ware you g: is are under :;he Sunshine rows and all emails and such come into play. You an decor dived in so t ing ii `,;at, particular,, :n dividually it's fine, but anything we have disco sea so fc iblic recurs. would ay keep it in sreralities. Once we file the lawsuit, you can r crence t r in the lc✓;:.. ` aecause . .s of record, Lit generally we don't want things of strategy o where w 7; ;eaded r a:sscrily c-o : _Ito the publi_. Mr. Winte Since elk offlir•_here, do I hove any guidance from the Chair? Chairpers Stamp: r`'iought was is that we cc•: get a quick r?i; established on the web page with the lawsw and we c - art referent.--,; I would;, e to see our committee back in Esplanade come back with some <ino'of re .ing . .;. c t a eal and they are not doing us a favor. i would be in favor of tr--:t. It ha. : a fact heavy, 'actual and rot confrontational. I would encourage them to do that. NINTH OR:OER OF BUS!`• :SS Audience Comments Chairper_ Stamp z= r if there vrer:_ =:iy pubic comments. Mr. Ward sked if tl er vere any m. oers of the- ;-public on audo or video who had questions for the Board; thee were non: He asked if there were any questions from the audience members who were present. Mr. Ed St, ey: Whe were discussing the litigation, it was mentioned that the HOA was a nominal defendant Did I ur and correctly that one of the reasons for pulling them in had to do with the internal pi- serves a' t the HOA c.vred the internal preserves? I wasn't aware that the HOA owned the intern presery was my ur-%erstanding t;-rat all of the preserves, internal and external, were owned by ';e CDD. 19 I P a g e 16 11.4 Flow Way Community Development District December 17,2020 Mr. Woods: I may have meant the lakes. You are correct. TENTH ORDER OF BUSINESS Adjournment Chairperson Stamp adjourned the meeting at approximately 2:21 p.m. On MOTION made by Mr. Tom Kleck,seconded by Mr. Ron Miller,and with all in favor,the Meeting was adjourned. Flow Way Community Development District James P Ward, Secretary Zack Stam ,G! air erson 20IPage