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Meeting Minutes for April 22, 2021

Clearwater Cay Community Development District

The meeting of the Board of Supervisors of the Clearwater Cay Community Development District was held on Thursday, April 22, 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 – Absent

Also present (or attending via web conference) were:

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

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, except Supervisor Herd, and Chair Dwyer was approved to participate by phone. Also attending was the District Manager and Attorney Dan Molloy. The Engineer Chris Dausch, and Nancy Dudak from PDM, participated virtually.

On MOTION by Vice Chair O’Malley, seconded by Supervisor Glidden, with all in favor, the Board approved having Chair Dwyer participate in the Board meeting via telephone.

SECOND ORDER OF BUSINESS Approval of the Agenda

The Board reviewed the Agenda.

On MOTION by Chair Dwyer, seconded by Supervisor Glidden, with all in favor, the Board approved the Agenda as presented.

THIRD ORDER OF BUSINESS Audience Comments on Agenda Items

Alan Lamberto said the hose at the carwash is not always turned off by other residents and it causes flooding. He suggested that a different type of hose and a regulator might help.

FOURTH ORDER OF BUSINESS Approval of Meeting Minutes

A. Draft Meeting Minutes for March 25, 2021

The Board reviewed the Meeting Minutes from March 25, 2021.

On MOTION by Chair Dwyer, seconded by Supervisor Glidden, with all in favor, the Board approved the Meeting Minutes from March 25, 2021 as submitted.


A. Landscape Efforts and Updates

The contract with Landlords was in the Supervisor packet. It does not include irrigation, which was recently inspected.

i. RedTree Final Invoice

The payment to RedTree was authorized after removal of the tree stakes for the palm trees that they planted. The Chair requested that they cancel their services immediately. The Vice Chair disagreed, saying that they need to hold RedTree accountable for the work that was contracted with them. He said they have not come back to take the stakes from the palm trees they planted, and they broke concrete, and he previously asked the Chair to bring the issue to them. The District Manager said he spoke with them and they said they did not break the concrete, and he thinks they will return to take the tree stakes back. The Chair said he thought the concrete was broken when the lights were installed.

On MOTION by Supervisor Glidden, seconded by Chair Dwyer, with a 3-1 vote (Vice Chair O’Malley dissented), the Board voted to authorize final payment to RedTree after removal of the tree stakes for the palm trees that they planted and any other outstanding landscaping issues that may arise.

ii. Irrigation System Analysis

Ken Wagenbrenner from Aqua Pro updated the Board on the condition of the irrigation system. He made several emergency repairs that were previously approved by the Chair. The Board discussed entering into a maintenance agreement with them for $650/month for wet checks only. Repairs will be made at an additional discounted rate. The District Manager said that the Chair had already signed for $3,000 of emergency repairs.

An issue arose concerning flooding at the tennis courts, but the Chair explained that the irrigation system under the tennis courts and within the playground area are not the responsibility of the CDD. The Vice Chair said the pool does not belong to the CDD either.

On MOTION by Vice Chair O’Malley, seconded by Supervisor Whitehurst, with all in favor, the Board authorized entering into an annual contract with Aqua Pro for monthly wet checks for a not to exceed amount of $650/month, to begin immediately, with repairs to be at an additional discounted rate.

B. Operating Agreement with GVCOA

This issue was tabled until the next meeting to allow the Board to discuss the CDD’s position.

C. Entry Lights Update

Another proposal is needed with the e-Verify certification paperwork.

D. Pressure Washing Update

The Vice Chair said signs have been placed advising residents that the work will begin April 27 and cars must be moved to a minimum of 3’ off the curbs. He expressed concern that some people will not comply with moving their cars, and he said that the contractor should be paid if he has to come back. He asked if a consequence should be charging people if the contractor has to come back. It was agreed that another email will be sent out warning people to move their cars. The District Manager said invoices can be sent out and people charged equally for the inconvenience. The vendor said he charges people when he has to return in other communities and they get paid. The Attorney said that towing the cars not moved as instructed is an option, after notices have been posted.

E. Pond 2A Clean-outs Repairs Update

The Engineer reported that the four clean-outs in Pond 2 were completed satisfactorily and a new concrete collars were installed. He stated that there is a new skimmer, but somebody threw bamboo into the newly cleaned area. He said that the drainage swale between Buildings 11 and 12 is a dry retention pond designed to hold water. The Board asked if the ground water will breed mosquitos, and he said that it will. The Chair explained to the Board that this is the Engineer who helped the community get into compliance with the State concerning environmental drainage issues.

The Engineer will also get bids to address the “sink holes” and seawall issues, as requested by the Board. 

F. Carwash Drainage Issues Repairs Update

Vice Chair O’Malley said the water level has been too high to do the repairs. He said he will address it the following day. 

G. Carwash No Parking Striping Update

The Chair said that Parking Lot Services is scheduled to stripe four spaces on April 23 as “no parking.” Then the CDD and COA can determine how to enforce the carwash parking rules. The Vice Chair committed to getting proposals for a second carwash hose when the drainage issues have been resolved. He asked the COA President to designate the four spots to be marked.


There being none, the next Order of Business followed.


A. Fiscal Year 2022 Budget

The District Manager presented the proposed Budget for FY2022. He explained that this was a draft and that the final approval will be at the August 26 Public Hearing meeting. 


A. March 2021

The District Manager reviewed the March 2021 financials.

On MOTION by Chair Dwyer, seconded by Supervisor Whitehurst, with all in favor, the Board voted to accept the March 2021 financials as presented.


A. Debt Assessment Validation Update

The Attorney updated the Board and stated that the bond holders did not accept the arbitration recommendation and it will go back before the Judge on May 21.  

B. Vue Lawsuit Update

The Public Hearing for the Vue’s request to the City for contraction from the District will be held on May 6, according to the Attorney. He asked the Board if they wanted him to file a position of opposition to the Clearwater City Council, which the Board approved. They want to identify the Chair as the Board representative to work with the Attorney to oppose this action along with the bond debt legal issues.

On MOTION by Vice Chair O’Malley, seconded by Supervisor Glidden, with all in favor, the Board approved having the Attorney file a position of opposition with the Clearwater City Council concerning the Vue leaving the CDD.

TENTH ORDER OF BUSINESS Supervisor Requests and/or Comments

  • Supervisor Glidden asked if the kayak racks should be turned over to the GVCOA since the CDD does not own the land they are on.


Coleen Verdon, the GVCOA Community Manager, asked if it was legal to meet with each Supervisor individually.  The Attorney said this was ok and explained the limitations of what she can do.


There being no further business, and

On MOTION by Supervisor Glidden, seconded by Supervisor Whitehurst, with all in favor, the meeting was adjourned at 7:23 p.m.

Next Regular Meeting: May 27, 2021 at 5:30 p.m.

Secretary/Assistant Secretary
Chair/Vice Chair