Clearwater Cay Community Development District

The meeting of the Board of Supervisors of the Clearwater Cay Community Development District was held on Thursday, June 24, 2021 at 5:30 p.m. at the Grand Venezia Baywatch Clubhouse at 2704 Via Murano in Clearwater, Florida 33764 and via web conference.

Present (or attending via web conference) and constituting a quorum were:

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

Also present (or attending via web conference) were:

Cal Teague – District Manager
Dan Molloy – Attorney
Christopher Dausch – Engineer
Nancy Dudak – Premier District Management (PDM)
Residents

The meeting was called to order and the Chair called the roll. All Board members were present, except Supervisor Herd, who attended by phone. Also attending were the Cal Teague, District Manager and Dan Molloy, Attorney; Chris Dausch, Engineer, and Nancy Dudak from PDM participated virtually.

The Board reviewed the Agenda and had two additions.

Bruce Barnes, GVCOA attorney, stated that they are tentatively in favor of what the Vue proposed to extricate itself from the CDD. The Chair invited Mr. Barnes to attend the next session if the Attorney will allow it.

A. Draft Meeting Minutes for May 27, 2021

The Board reviewed the Meeting Minutes from May 27, 2021.

A. Landscape Efforts and Updates

i. Limited Sod Replacement

The Chair stated that Building 6 has an irrigation leak. Once the leak is repaired, he said the pavers must be reset. He asked Mr. Bailey to do the work, but he does not know if the repair has been fixed. He requested a quote for sod replacement in areas that have not yet been finished. He also requested a pallet or two of sod to finish the job. Supervisor Glidden suggested pavers in some areas because people walk on the sod and kill it. He suggested that Buildings 4 and 11 get pavers to remedy the problem. The Vice Chair offered to obtain quotes.

ii. Tree Trimming

The Chair requested a proposal for trimming the trees before hurricane season at a cost of $10,640. A proposal was reviewed to trim every palm tree. The Vice Chair said there should have been more proposals, but he agreed that the trees should be trimmed before hurricane season.

B. Entry Lights Update

Supervisor Glidden updated the Board that they only owe $3,700 for the lights and they are moving forward. The District Manager explained that there was a delay due to the requirement of having E-Verify language (a Florida law) on the proposal, as well as needing a proposal made out to the CDD and not the GVCOA. He explained that all proposals must include E-Verify verbiage, and that all proposals and invoices must be made out to the Clearwater Cay CDD – only, in order to be paid and they must be for the correct amount before the office can cut a check.

C. Seawall Sinkhole Repairs Update

The Engineer spoke with Solid Foundations before the meeting and they are on schedule to begin the sinkhole repairs June 28 and should only take a couple of days. He said he plans to be onsite when they begin to oversee the start of the project and inspect it when it is complete. He was told that they cannot be there before 9 a.m. according to the community policy.

D. SWFWMD Inspection Report Due August 3, 2021 Update

The Engineer finished the inspection on Friday and submitted the paperwork on June 23. The District Manager informed the Board that the Engineer has requested a contract revision for his services and PDM will bring an amended contract/proposal to the Board for consideration.

E. Lamp Post Belleair Road Update

The Chair stated that the replanting of landscaping on Belleair Road is pending the arrival of materials. He said that research indicates that the CDD owns the light post that was damaged in an accident. He said replacement will cost $8,000 to $10,000 and if the COA wants the post replaced, they can help pay for it. There was a discussion about an insurance claim, but the District Manager said that the CDD does not have property insurance but will continue to research payment from the driver’s insurance.

F. Roof Drains Inspection

The Chair asked the Engineer to report on the roof drains. The District Manager suggested that the drain extension is a GVCOA responsibility. The Engineer agreed that the drains are the GVCOA responsibility because they are part of the building. The Attorney agreed that it is GVCOA responsibility. The Chair will send an email to the GVCOA president saying that it needs to be addressed.

A. Via Murano Stop Sign Repair Update

The Chair said the someone ran into the sign. He has not gotten a bill yet from Mr. Bailey who took care of the issue. He will ask him to add the cost to the next invoice he submits for work completed.

A. FY 2020 Audit Scope Letter

The District Manager referred to the copy of the scope of work report that was sent to the Board and explained the audit process by the new auditor.

B. Insurance Claim Report Update

The claim is between the insurance companies at this time, according to the District Manager.

A. May 2021

The District Manager reviewed the May 2021 financials.

A. Debt Assessment Validation Update

There were no new updates at this time.

B. Vue Lawsuit/Contraction from District Update

Chair Dwyer said that the Vue reached out to the CDD Attorney regarding the fact that they are now willing to negotiate if the CDD doesn’t oppose their removal from the District. He said that a proposal from the Vue needs to be presented to the CDD in writing. Chair Dwyer suggested the Board should ask for a continuance in to order to review a proposed settlement agreement before the next City Council meeting on this issue on July 15th. He asked for a continuance of this Board of Supervisors meeting until July 8. Board members were asked to read a packet from Mr. Molloy, who will answer any questions before the next CDD meeting.

The Attorney said the Vue’s bond debt is paid off and he was told that the City Council is evenly split on the issue of whether to permit the withdrawal or not. Now that there is a settlement proposal, Mr. Molloy is suggesting the Board rethink opposing the Vue leaving. They suggested that they should only be charged a portion of the landscaping, etc., and that they are not responsible for any part of the lawsuit. He said that this is a plausible argument and that there is additional cost if they choose to litigate.

The offer on table is to cover their share of maintenance outside the gate, a joint maintenance agreement, and a payment of $25,000 with support for their decision, the details of which are in the packet he submitted. The Chair stated that if they decide to go against Mr. Molloy’s recommendation, then they have to be willing to face the consequences. Supervisor Herd said the Board needs to discuss this together rather than just accepting Mr. Molloy’s and Mr. Barnes’ recommendations. The Chair said that they should continue this discussion at the July 8 meeting for the sole purpose of hashing this out as a full Board, along with the input from the Attorney, the District Manager, and possibly Mr. Barnes, so that they can collectively make the decision. The District Manager asked that all comments be directed through him or the attorney and not discussed among themselves outside of the public meetings.

C. Contract for Labor Services with GVCOA

The Attorney will give his recommendations for contract language at the next meeting.

• Supervisor Glidden asked about what is happening with the kayaks. He suggested increasing the rate and charging it next year. He stated that the current rate is $75 and there is a lot of demand for them. Leases are up in August and a rate of $100 is not unreasonable. The Chair said he will discuss this with the GVCOA Board.
• Supervisor Glidden has gotten complaints about parking and covered cars. People are parking for the winter in the prime spots. He suggested adding a rule that people with covered cars/leaving a car parked for an extended period of time need to park by the tennis courts. The Chair asked PDM to compose a letter for residents concerning parking. He will write a draft letter for the District Manager.

• Joe Borsi asked if assessments were going up if the Vue was outside the District. He also reminded the Board about the picnic tables are in need of repair and the Chair said he would get with Bill Bailey.
• Ann Cameron commented on illegal parking at the car wash.

There being no further business, and

Continuation Meeting: July 8, 2021 at 5:30 p.m.

Next Regular Meeting: July 22, 2021 at 5:30 p.m.