Clearwater Cay Community Development District

The meeting of the Board of Supervisors of the Clearwater Cay Community Development District was held on Thursday, March 24, 2022 at 5:30 p.m. at the Grand Venezia Baywatch Clubhouse at 2704 Via Murano in Clearwater, Florida 33764 and via web conference.

Present and constituting a quorum were:

Don Dwyer – Chair
Patrick O’Malley – Vice Chair
Alan Glidden – Assistant Secretary
Steve Whitehurst – Assistant Secretary

Also present (or attending via web conference) were:

Cal Teague – District Manager, Premier District Management (PDM)
Dan Molloy – Attorney, Molloy and James
Dan Tsinokas – Grand Vista Condo Owners Association (GVCOA)
Residents

The meeting was called to order and the Chair called the roll. All Board members were present, except Supervisor Herd. Also attending were Cal Teague, the District Manager (who had notified Chair Dwyer that traffic was bad and he would be late), and Dan Molloy, the Attorney. Dan Tsinokas from GVCOA, and Christopher Dudak from PDM participated via web conference.

Add 5C Vue Easement and Cost-sharing Agreement
Add 6A Grand Venezia Parking Agreement
Add 6B Palm Tree Removal

There were no Audience Comments on the Agenda.

District Manager Teague arrived at the meeting.

A. Draft Meeting Minutes for January 27, 2022

A. Landscape Efforts and Updates

i. Sunken Paver and Stepping-Stones Updates

Vice Chair O’Malley spoke with the contractor, and the project will be completed by the end of April.

ii. Walkway Bridge Staining Update

Vice Chair O’Malley spoke with the contractor, and the project will be completed by the end of April.

iii. New Clubhouse Lights Update

Supervisor Glidden reported that the project had been completed, and the GVCOA had paid their half of the cost directly to the contractor, Hoffman Electric.

iv. Lightning Damage Light Box Replacement Update

Supervisor Glidden reported that the project had been completed. The light by the pool was taken off the CDD bill, and not rebilled to the GVCOA.

B. Temporary Parking Agreement/Parking Enforcement with Grand Bellagio Discussion

Chair Dwyer began discussion on the agreement. It was the same agreement that had been used with Grand Venezia, except that compensation from Grand Bellagio will include the provision that parking enforcement will be done by Grand Bellagio’s guards. This proposed agreement was sent to Grand Bellagio, and it was returned with several edits suggested by their attorney. Chair Dwyer felt that the agreement should not be changed, but accepted as is, because of the legal expense. The Board agreed that no action will be taken until Grand Bellagio signs the agreement.

C. Vue Easement and Cost-Sharing Agreement

The agreement was for the maintenance of Bellaire Road, and the cost will be shared by the Vue and the CDD. Part of the agreement was that the CDD would not oppose removing the Vue from the CDD. This removal was approved by the city, and the Bellaire Road maintenance agreement needed to be signed before the Vue will make a $25,000 payment for Fiscal Year 2022 operating expenses. The Board agreed to table the issue until Attorney Molloy can research it.

A. Grand Venezia Parking Agreement

Supervisor Glidden and the COA Manager had reviewed the current agreement and had suggested several changes. These changes were not approved by the GVCOA Board. The Board agreed to table this issue, pending further discussions between Chair Dwyer and the GVCOA President.

B. Palm Tree Removal

There are dead palm trees at Buildings 7 and 11, and the GVCOA would like the CDD to remove them. District Manager Teague stated that the trees are not on CDD property. The Board discussed drawing up a maintenance agreement, stating that all CDD property maintenance be turned over to the GVCOA on a 99-year lease. Attorney Molloy recommended a shorter lease. The Board also requested Engineer Dausch to use County property records to compare measurements of the buildings, which will help him determine the property lines of the CDD and the GVCOA.

A. Fiscal Year 2023 Budget Schedule and Discussion

District Manager Teague presented the draft Fiscal Year 2023 budget, which reflected no assessment increase, and the $25,000 contribution from the Vue being projected in the current fiscal year. He explained that the Board can meet their financial obligations for the current fiscal year, if the Vue pays their operating contribution of $25,000, and the assessments are all paid.

He did not see any issues with collections, but mentioned it as a concern. He also mentioned that, if they stayed within the current budget for the remainder of the year, they should see a small increase in the fund balance, but it would still be dangerously low.

With the deadline for the tentative budget being June 15th, the Board decided to review the tentative budget at the May meeting, and schedule a continuation meeting, if needed. The budget will be adopted at the Public Hearing, which will be held at the July meeting.

B. Resignation of Supervisor Herd

District Manager Teague stated that Supervisor Herd had submitted his resignation before the meeting, effective immediately. The position will be advertised, and a replacement will be appointed at the next meeting.

A. Site and Seawall Inspection Update

Engineer Dausch was not at the meeting and Chair Dwyer reviewed his report. Upon Engineer Dausch’s inspection, several sink holes were found that were up to 2 feet deep. He recommended filling the holes with stone, 6″ of topsoil, and to finish it with sod. Because he could not find a contractor that was immediately available, Chair Dwyer recommended that Bill Bailey complete the project. The Board agreed that this was an emergency, and they did not object to it being done.

A. January & February 2022

District Manager Teague reviewed the financials, and the recent transfer of debt funds was discussed. The Board decided not to reserve funds for the contested Gray/Robinson bills, because they believed that they were not owed by the CDD.

A. Debt Assessment Validation Update

Attorney Molloy provided an update on the court action regarding the validation of the assessments, and he stated that there had been no resolution proposed. He stated that Fishkind would be the expert witness for the bond holders, and he recommended that the CDD use Scott Clarke as an expert witness.

Supervisor Whitehurst left the meeting at 6:20 p.m. at the beginning of the Supervisor Requests/Comments. A quorum was still present.

Vice Chair O’Malley mentioned the cracking of the border of the walkway at the entrance to Building 5, and there was a question as to whether this is CDD property. The Board will wait on input from Engineer Dausch before there is any action taken on the issue.

Kevin Mellon asked where the funding would come from if the GVCOA takes over maintenance of the CDD properties. He also asked if the recently completed sinkhole repairs are stable.

Azad Ali wondered if the Vue will be sharing in the Bellaire Road resurfacing. He also had questions on the COA maintenance agreement and the debt assessment validation.

The meeting was adjourned by Chair Dwyer at 7:00 PM

NEXT REGULAR MEETING: May 26, 2022 at 5:30 PM