Meeting Minutes for August 26, 2021
Clearwater Cay Community Development District
The meeting of the Board of Supervisors of the Clearwater Cay Community Development District was held on Thursday, August 26, 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 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
Scott Clark – Attorney for the Vue
Dan Tsinokas – GVCOA
Christopher Dudack – Client Services Manager (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. Also attending were Cal Teague, the District Manager, Dan Molloy, the Attorney. Scott Clark, Attorney for the Vue, Dan Tsinokas from the GVCOA , and Christopher Dudack, Premier District Management participated online.
SECOND ORDER OF BUSINESS Approval of the Agenda
On MOTION by Vice Chair O’Malley, seconded by Supervisor Glidden, with all in favor, the Board approved the Agenda.
Supervisor Herd asked why his agenda item, attorney invoices, was not on the Agenda. Chair Dwyer stated that he has complete control of the Agenda, and this was confirmed by Attorney Molloy. Chair Dwyer also stated that all invoices from Attorney Molloy were previously authorized by a majority of the Board and need not be reviewed again.
THIRD ORDER OF BUSINESS Audience Comments on Agenda Items
There were no Audience Comments on the Agenda.
FOURTH ORDER OF BUSINESS Approval of Meeting Minutes
A. Draft Continuation Meeting Minutes for July 8, 2021
The Board reviewed the Meeting Minutes for July 8, 2021.
On MOTION by Vice Chair O’Malley, seconded by Supervisor Glidden, with all in favor, the Board approved the Draft Continuation Meeting Minutes for July 8, 2021.
B. Draft Continuation Meeting Minutes for July 13, 2021
The Board reviewed the Meeting Minutes for July 13, 2021.
On MOTION by Supervisor Glidden, seconded by Vice Chair O’Malley, with all in favor, the Board approved the Draft Continuation Meeting Minutes for July 13, 2021.
C. Draft Meeting Minutes for July 22, 2021
The Board reviewed the Meeting Minutes from July 22, 2021.
On MOTION Supervisor Glidden, seconded by Vice Chair O’Malley, with all in favor, the Board approved the Draft Meeting Minutes for July 22, 2021.
FIFTH ORDER OF BUSINESS Fiscal Year 2022 Budget Public Hearing
District Manager Teague stated that the budget approved in May is being amended to reflect removal of the Vue from the CDD. This removal creates a shortfall of revenue in the amount of $127,634, which requires a reduction in expenses. Those reductions are identified in a worksheet and include legal services, litigation expenses, R&M-Landscape, R&M-Irrigation, R&M-Renewal and Replacement, R&M-Sidewalks, R&M-Roads, and any Capital Outlay expenditures.
On MOTION by Vice Chair O’Malley, seconded by Supervisor Glidden, with all in favor, at 5:43 the Public Hearing was opened. There were no comments. On MOTION by Chair Dwyer, seconded by Vice Chair O’Malley, with all in favor, at 5:44 the Public Hearing was closed.
A. Adoption of Fiscal Year 2022 Budget: Resolution 2021-03
District Manager Teague referred to the Budget worksheet and stated that there are still a few blanks that need to be filled in. He will see that it is done, but as is identified in the worksheet.
On MOTION by Supervisor Glidden, seconded by Supervisor Whitehurst, with all in favor, the Board adopted Fiscal Year 2022 Budget: Resolution 2021-03.
B. Approval of Fiscal Year 2022 Assessment Levy: Resolution 2021-04
On MOTION by Chair Dwyer, seconded by Vice Chair O’Malley, with all in favor, the Board approved Fiscal Year 2022 Assessment Levy: Resolution 2021-04
SIXTH ORDER OF BUSINESS Old Business
A. Landscape Efforts and Updates
i. Sod & Pavers
Regarding the replacement of sod where it has an effect on pavers, the recent rains and application of fertilizer have caused the grass to grow. This may result in the possibility that the project can be downsized. Chair Dwyer is also waiting for a proposal. He suggests that this be tabled until next month.
ii. Tree Trimming
A new company was used to trim the palm trees, and when the project was completed, there were holes in some trees. The employees had used spiked boots, which is legal, but is not common practice with most landscapers. After numerous complaints, and Chair Dwyer’s agreement with the company, the trees were repaired.
iii. Irrigation Line Repair
Chair Dwyer received the proposal before the meeting, and as it was a critical maintenance item, signed off on it. He also mentioned that he would like to have massive roots removed to repair a mainline leak at the irrigation main tee between buildings #11 and #12. District Manager Teague stated that it will cost $1040 with estimated labor costs of $300. In addition, Chair Dwyer commented that it is much better working with Aqua Pro than with Redtree, because he is contacted when Aqua Pro is on the property and when the project is completed. Aqua Pro also gives him repair estimates before the project is authorized. Progress is being made on the repairs.
B. Entry Lights Update
i. New Lighting Installation Proposal
The Board is happy with the recent installation of lighting and would like to install additional lights. Supervisor Glidden received an estimate of $4,379 for this project. It was determined that the cost would be too much, because the available funds need to be used on infrastructure rather than beautification. The project was tabled until a future date.
C. Parking Issues
Supervisor Glidden stated that the parking problems are the same. He would like the Board to continue to issue tickets while he is on vacation. Chair Dwyer and Supervisor Whitehurst stated that they will do so.
SEVENTH ORDER OF BUSINESS New Business
A. Belleair Median Signage Recommendation
There has been a problem with drivers staying to the right of the median when entering the community. Engineer Christopher Dausch looked at the median and recommended adding a median drive to the right sign to avoid this in the future. It would be an R4-7 sign with a u-channel. The delivery, installation, and restriping would cost $550. Vice Chair O’Malley stated that this cost is prohibitive.
On MOTION by Supervisor Glidden, seconded by Supervisor Whitehurst, with 4 in favor, Vice Chair O’Malley opposed, the Board agreed to proceed with the signage at the entrance of the community.
EIGHTH ORDER OF BUSINESS District Manager
A. Insurance Claim Report Update
District Manager Teague continues to attempt to contact Danielle M. Jordan, Senior Claims Specialist at CorVel Corporation. He is still waiting for a response.
B. Fiscal Year 2020 Audited Financial Report
The audit was reviewed and discussed. The Board accepted the audit, and Chair Dwyer was authorized to sign the Fiscal Year 2020 Audited Financial Report.
On MOTION by Vice Chair O’Malley, seconded by Supervisor Glidden, with all in favor, the Board accepted the Fiscal Year 2020 Audited Financial Report.
C. Fiscal Year 2022 Meeting Schedule: Resolution 2021-05
Upon review of the meeting schedule, Chair Dwyer stated that it is his opinion that it is not necessary for the Board to meet every month. He suggested the Board meet every other month. District Manager Teague does not see a problem with this. Emergency repairs can be authorized by District Manager Teague and the project manager. Mr. Teague can approve items in the Budget, and there would be no issue with paying bills. Attorney Molloy stated that litigation currently in progress may need to be addressed. The Board agreed that a special meeting could be called if it was deemed necessary by Attorney Molloy or District Manager Teague. It was decided that this change in schedule will begin in November to allow for the approval of the tentative 2023 Budget at the May meeting.
On MOTION by Supervisor Glidden, seconded by Vice Chair O’Malley, with all in favor, the Board accepted the proposal to meet every other month, starting in November 2021.
NINTH ORDER OF BUSINESS Financial Reports
A. July 2021
The July 2021 Financial Report has been completed.
On MOTION by Chair Dwyer, seconded by Vice Chair O’Malley, with all in favor, the Board accepted the July 2021 Financial Report.
TENTH ORDER OF BUSINESS Attorney
A. Debt Assessment Validation Update
Attorney Molloy stated that they are preparing for the September Hearing. He also stated that the bond holders want the CDD to revert to the Fishkind assessment that was prepared in 2018. According to the auditor, the property was under valued when it was sold. Supervisor Herd asked if there was any new evidence being presented at the September Hearing. Attorney Molloy stated that there was not.
B. Contract for Services with GVCOA
There is more to be discussed by Attorney Molloy, Chair Dwyer and the GVCOA. There are concerns about giving the GVCOA a blank check of $10,000. Chair Dwyer would like to find an acceptable way to request monies out of the $10,000. This was tabled until the next meeting.
ELEVENTH ORDER OF BUSINESS Supervisor Requests and/or Comments
- Supervisor Glidden is concerned about a dog groomer taking up three parking spaces when at the community. The Board will monitor the dog groomer and request that the groomer only use one parking space and not come after 4 pm. It was recommended that they could park by the tennis courts. Chair Dwyer and Supervisor Glidden will monitor this.
- Supervisor Glidden has observed a person monopolizing the car wash and putting up a sign advertising his business. The Board will tell this person that he cannot put up a sign to run a business.
- Chair Dwyer stated that both hoses have burst and are not working, because residents leave them in the sun. He recommended that four commercial 50′ hoses be purchased for $40 each. The Board authorized him to do so.
TWELFTH ORDER OF BUSINESS Audience Comments
- Bruce Barnes stated that Oppenheimer/Invesco in the ongoing arbitration case will be responsible for attorney’s fees.
- Mike McManus commented on the landscaping of the community and complimented the Board on its upkeep.
THIRTEENTH ORDER OF BUSINESS Adjournment
The meeting was adjourned by Chair Don Dwyer at 6:40 pm.
NEXT REGULAR MEETING: September 23, 2021 AT 5:30 PM