Draft Meeting Minutes for May 26, 2022
Clearwater Cay Community Development District
The meeting of the Board of Supervisors of the Clearwater Cay Community Development District was held on Thursday, May 26, 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 Venezia Condo Owners Association (GVCOA)
Mike Molinoski- Grand Venezia Condo Owners Association
Residents
FIRST ORDER OF BUSINESS Call to Order and Roll Call
The meeting was called to order and the Chair called the roll. All Board members were present. Also attending were Cal Teague, the District Manager, Christopher Dausch, the Engineer, and Dan Molloy, the Attorney, and Several Residents. Dan Tsinokas and Mike Molinoski from the GVCOA and Several Residents attended via web conference.
SECOND ORDER OF BUSINESS Approval of the Agenda
Remove 6A
Move 8A&B to 5
On MOTION by Vice Chair O’Malley, seconded by Supervisor Whitehurst, with all in favor, the Board approved the Agenda, as amended.
THIRD ORDER OF BUSINESS Audience Comments on Agenda Items
Bruce Barnes, attorney for the GVCOA, commented that they supported the preparation of a new Assessment Methodology.
FOURTH ORDER OF BUSINESS Approval of Meeting Minutes
A. Draft Meeting Minutes from March 24, 2022
On MOTION by Supervisor Glidden, seconded by Vice Chair O’Malley, with all in favor, the Board approved the Draft Meeting Minutes from March 24, 2022.
FIFTH ORDER OF BUSINESS Engineer
A. Site and Seawall Inspection Update
Engineer Dausch stated that the holes had been filled in, and, upon his inspection, no new holes were identified. He felt that the repairs looked good.
B. Report on CDD/GVCOA Property Responsibilities
Engineer Dausch did a review of the ownership responsibility for the CDD and the GVCOA. He was tasked with determining how far out from the building footprints the CDD was responsible for. He determined that the CDD was responsible for the property up to the building footprint. Later in the meeting, Attorney Molloy stated that he believed that there were some things that were not clear in Engineer Dausch’s report, and that more research needed to be done.
Engineer Dausch also commented on the stormwater needs analysis which was due at the end of June. He expected the deadline to be met, and he was waiting on some information from District Manager Teague.
SIXTH ORDER OF BUSINESS Old Business
A. Landscape Efforts and Updates Follow-up Items
i. Sunken Paver and Stepping-Stones Update
Vice Chair O’Malley reported that the project is complete, and, from his observation, it was very well done.
ii. Walkway Bridge Staining Update
Vice Chair O’Malley reported that the project is complete, and, from his observation, it was very well done.
B. Vue Easement and Cost-Sharing Agreement
Chair Dwyer had been authorized to sign the agreement at the last meeting, and he did so after the meeting.
C. Approval of Easement Agreement with Grand Venezia (GVCOA)
The Board approved the agreement, with a term of 99 years, and it will be equal to the garage agreement. The start date will be the next fiscal year, which begins on October 1, 2022.
On MOTION by Chair Dwyer, seconded by Vice Chair O’Malley, with 3 in favor, and Supervisor Glidden opposed, the Board approved the easement agreement with the Grand Venezia COA for 99 years, which will coincide with the garage agreement, beginning October 1, 2022.
D. Grand Venezia Parking Agreement
This agreement is no longer needed, because it is covered in the maintenance agreement.
E. Reassessment Discussion on Debt and O&M Fees
There had been litigation with Investo and Oppenheimer concerning the Assessment Methodology, and the Board discussed developing another Assessment Methodology, with the assistance of Attorney Molloy and Scott Clarke.
On MOTION by Chair Dwyer, seconded by Vice Chair O’Malley, with all in favor, the Board authorized the development of a another Assessment Methodology.
SEVENTH ORDER OF BUSINESS New Business
A. Sinkhole Repair Update
This was covered earlier in Engineer Dausch’s report.
EIGHTH ORDER OF BUSINESS District Manager
A. Fiscal Year 2023 Budget
District Manager Teague presented the tentative budget with and without maintenance expenses included. He recommended that, if the District transfers the maintenance expenses for Grand Venezia to the GVCOA assessments, the Board should keep the assessments the same, and use the savings to build up reserves. Upon Chair Dwyer’s suggestion, the Board will consider phasing the present agreement at 50% of the maintenance costs the first year and 50% the second year to make it easier for the residents.
i. Resolution 2202-02 to Adopt FY2023 Budget and Set a Public Hearing
On MOTION by Supervisor Glidden, seconded by Chair Dwyer, with all in favor, the Board approved Resolution 2022-02 to adopt the tentative Fiscal Year 2023 Budget, and to set a Public Hearing for July 28, 2022.
B. Resolution 2022-03 Requesting the County to Conduct the Elections
On MOTION by Chair Dwyer, seconded by Supervisor Glidden, with all in favor, the Board approved Resolution 2022-03 authorizing the County Supervisor of Elections to conduct the upcoming elections.
NINTH ORDER OF BUSINESS Financial Reports
A. March 2022
District Manager Teague presented the Financials, along with financial concerns there might be if the delinquent tax certificates are not sold. Another concern was the non-receipt of the $25,000 the Vue promised to pay as part of the settlement agreement. The Board was confident that the delinquent tax certificates will sell, and that, with the signing of the settlement agreement with the Vue, the payment will be received.
On MOTION by Vice Chair O’Malley, seconded by Supervisor Glidden, with all in favor, the Board accepted the Financial Reports for March 2022, as presented.
TENTH ORDER OF BUSINESS Attorney
A. Debt Assessment Validation Update
Attorney Molloy stated that this issue is part of the lawsuit with Investo, which was considered previously during the reassessment discussion on debt and O&M fees. He stated that more will be determined when the Assessment Methodology is complete.
He also commented on the Vue lawsuit, and stated that it was built into the agreement that Chair Dwyer had signed. He stated that once the agreement is sent to the Vue, they will send the check for $25,000.
In addition, he commented on the ownership research, and he felt that there were issues that need to be clarified, and that he did not have any recommendations on action until he conducts more research.
ELEVENTH ORDER OF BUSINESS Supervisor Requests/Comments
There were no Supervisor Requests or Comments.
District Manager Teague stated that he saw nothing about the responsibility for the stormwater system in the easement agreement with the COA, which was acted on previously.
TWELFTH ORDER OF BUSINESS Audience Comments
A resident asked about drainage behind the tennis courts. Chair Dwyer stated that this is COA property. Dan Tsinokas of the COA, who was attending via web conference, stated that they will investigate this.
A resident wondered about the financial responsibility of the homeowner, and Chair Dwyer explained how tax bills are determined to fund CDD activity, and how this is different from COA fees. He also identified the responsibility of both the CDD and the COA, and why they are entering into a new maintenance agreement.
A resident had questions about the specifics of the funding in the easement agreement with the COA, which was previously acted on.
A resident wondered about the functions of the Board and what they are responsible for, and Chair Dwyer explained it.
THIRTEENTH ORDER OF BUSINESS Adjournment
The meeting was adjourned by Chair Dwyer at 6:25 PM
NEXT REGULAR MEETING: July 28, 2022 at 5:30 PM