Meeting Minutes for December 17, 2020
Clearwater Cay Community Development District
The meeting of the Board of Supervisors of the Clearwater Cay Community Development District was held on Thursday, December 17, 2020 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
Michael Herd – Assistant Secretary
Also present (or attending via web conference) were:
Cal Teague – District Manager
Dan Molloy – Attorney
Christopher Dausch – Engineer
Christopher Dudak – Assistant to the District Manager
Nancy Dudak – Premier District Management (PDM)
FIRST ORDER OF BUSINESS Call to Order and Roll Call
The meeting was called to order and Cal Teague, District Manager, called the roll. All Board members were present. Also present or attending via web conference were Dan Molloy, Attorney, Christopher Dausch, Engineer, Christopher Dudak, Assistant to the District Manager, and Nancy Dudak, Premier District Management (PDM).
SECOND ORDER OF BUSINESS Board Reorganization Resolution 2021-01
The Board discussed maintaining the Board positions as currently filled.
On MOTION by Vice Chair O’Malley, seconded by Chair Dwyer, with a 3-2 vote (Supervisors Herd and Glidden opposed), the Board voted to retain their current organization, plus installing Supervisor Whitehurst as an Assistant Secretary.
THIRD ORDER OF BUSINESS Approval of the Agenda
The Board reviewed the Agenda.
On MOTION by Vice Chair O’Malley, seconded by Supervisor Herd, with all in favor, the Board approved the Agenda as submitted.
FOURTH ORDER OF BUSINESS Audience Comments on Agenda Items
There being none, the next Order of Business followed.
FIFTH ORDER OF BUSINESS Approval of Meeting Minutes
A. Draft Audit Selection Committee Meeting Minutes for November 19, 2020
The Board discussed the Audit Selection Committee Meeting Minutes from November 19, 2020.
On MOTION by Supervisor Glidden, seconded by Vice Chair O’Malley, with all in favor, the Board approved the Audit Selection Committee Meeting Minutes from November 19, 2020 as submitted.
B. Draft Meeting Minutes for November 19, 2020
The Board discussed the regular Meeting Minutes from November 19, 2020.
On MOTION by Supervisor Glidden, seconded by Vice Chair O’Malley, the Board approved the regular Meeting Minutes from November 19, 2020 as submitted.
SIXTH ORDER OF BUSINESS Old Business
A. Stormwater Issues Update
No issues have been reported.
B. Landscape Efforts and Updates
The Chair reported that he is waiting for a sod replacement estimate. He also said he is waiting for a proposal from the landscaper for uniform planting in the island pods which he hopes to present at the next meeting.
C. Garage Lease Program
The Chair asked for a contact person for garage rental issues. The District Manager said that PDM is available for the administrative work, but cannot be on site. He said there would be a cost associated with PDM doing that, and if field inspections were eliminated, the price could remain the same.
The Chair stated that the electric is a greater issue than they realized. He said that there is a line item in the COA budget for $66,000 for common area electric usage. He said the COA refuses to provide access to their electric closets to allow the separate metering of the garages from their buildings. He further explained that Grand Venezia has had electrical contractors on-site several times in the past few weeks to prepare for the January 1st deadline, at which time the community will go dark. He said this resulted because the Board chose to take away the garage rental income. He further said that they pay a temporary employee $700 a week to do maintenance around the perimeter of the property, and the Chair was told that may end. The trash compactor maintained by the COA may be relinquished to the CDD. Also, the Chair said that the COA pays $54,000 a year to the City of Clearwater for stormwater fees, and said they are likely to have the CDD pay those fees. In addition, there is another $12,000 in fountain maintenance fees that the COA might surrender to the CDD. He estimates that there is a total of $168,000 of annual expenses that the CDD could incur, plus the cost of the garage conversions from Duke Energy.
Supervisor Glidden updated the Board on Duke Energy, stating that Duke said it is illegal for the COA to turn the power off. He said that the estimate on the conversion is about $10,000. Each garage would cost about $700 – 1,000 to connect. He was told that the $65,000 estimate from the COA is outrageous. Regarding trash, he said if the COA abandons their trash responsibility, they are going against their contractual COA documents. He asked why they are not maintaining the mangroves that are their responsibility.
The Attorney stated that he believes the COA owns the mangroves, but the permit is in the name of the District with regards to the care and treatment of them, and that creates certain liabilities for the District. He was asked to verify the information.
Vice Chair O’Malley suggested that they transfer ownership of all of the freestanding garages to the COA for $1 per year for 99 years. The Attorney clarified that they have no legal description of the garages that would be required to create any kind of lease or transfer. Vice Chair O’Malley amended his Motion to include a land surveyor to create the legal description of the property. The Chair suggested that a letter of intent be sent to the COA informing them that they will continue the leasing and maintenance of the garages.
On MOTION by Vice Chair O’Malley, seconded by Chair Dwyer, with a 3-2 vote (Supervisors Herd and Glidden opposed), the Board voted to grant the lease of the garages to the COA for 99 years for $1 when the Attorney produces a legal description of the freestanding garages.
This was covered in the garage discussion.
ii. 2021 Leases & Rules
This was discussed earlier as part of 6C, the Garage Lease Program and the District Manager reported that letters were sent to all current garage renters of which four renters requested a new lease for 2021, five letters were returned undeliverable, and six people have not responded yet. Supervisor Glidden was tasked with posting a letter on the 11 garages for which there were no responses, and extending the deadline from December 11th to the 18th for signing a new lease. Eleven garages need to be vacated and offered to those on the wait list. As the CDD was giving the garages back to the COA, this item was dropped.
D. Community Lights Update
It was reported that some lights on the trees are not working properly. They require an electrical contractor to adjust them and Supervisor Glidden was working with Hoffman Electric.
E. Carwash Hose Wheel Repair Update
Vice Chair O’Malley purchased a handle for the carwash hose and now it is working properly.
F. Sidewalk Pressure Washing
Vice Chair O’Malley said that Building 6 and other areas need to have the sidewalks cleaned. The price they received a few months ago of $9839.43 from Riptide is still good. After discussing the budget, the parking lot and driveway maintenance were discussed. The Motion by Chair Dwyer to have the sidewalks pressure washed, seconded by Vice Chair O’Malley, was withdrawn until the parking lot and driveway maintenance have been completed.
G. Parking Enforcement Issue
Chair Dwyer stated that he feels the COA should handle the parking lot issues. The Attorney said that the District owns the parking lot and can control parking regulations but it can be delegated to another party. He stated that it could be accomplished with a Statement of Authority and be drawn up as a Resolution.
On MOTION by Vice Chair O’Malley, seconded by Chair Dwyer, with a vote of 3-2 (Supervisors Herd and Glidden opposed,) the Board voted to have the Attorney draw up a Resolution to transfer authority of the Parking Lot to the COA.
SEVENTH ORDER OF BUSINESS New Business
Vice Chair O’Malley said they are now installing the signs for each of the firepits.
He also stated that he got good prices from that vendor for wooden signs, so he asked for prices, approximately 20-30 for around the community, suggesting they get a quote to replace all the wooden signs.
EIGHTH ORDER OF BUSINESS District Manager
The District Manager discussed the the effort it took to address the garage issues. He suggested that they remove the field maintenance inspections from the contract but keep the annual fee intact.
On MOTION by Chair Dwyer, seconded by Vice Chair O’Malley, with all in favor, the Board vote to amend the Management Agreement to maintain the fee but remove the Field Report requirement from the contract.
NINTH ORDER OF BUSINESS Financial Reports
A. November 2020
The District Manager reviewed the November 2020 financials.
On MOTION by Chair Dwyer, seconded by Vice Chair O’Malley, with all in favor, the Board voted to accept the November 2020 financials.
TENTH ORDER OF BUSINESS Attorney
A. Debt Assessment Validation Update
The Attorney discussed the two pending lawsuits in which the District is involved. Concerning the lawsuit with the COA and Invesco, the owner of the outstanding bonds, there has been no activity in the last month. The arbitration will be scheduled for February, and there are three outstanding depositions of Board members that need to be scheduled and conducted via web conference.
B. Vue Lawsuit Update
The Motion to Dismiss that the Attorney filed in response to a complaint was partially granted in the Vue lawsuit. He will report back when as he gets more information on how they are going to manage the lawsuit.
ELEVENTH ORDER OF BUSINESS Supervisor Requests and/or Comments
- Supervisor Herd asked for a breakdown of the Attorney’s fees.
TWELFTH ORDER OF BUSINESS Audience Comments
- Mike McManus thanked the Board for their efforts. He also suggested that Supervisor Glidden manage the parking enforcement for the COA since he has experience in these matters.
THIRTEENTH ORDER OF BUSINESS Adjournment
There being no further business,
The Chair adjourned the meeting at 6:29 p.m.
Next Regular Meeting: January 28, 2021 at 5:30 p.m.