Meeting Minutes for February 25, 2021
Clearwater Cay Community Development District
The meeting of the Board of Supervisors of the Clearwater Cay Community Development District was held on Thursday, February 25, 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
Michael Herd – Assistant Secretary
Also present (or attending via web conference) were:
Cal Teague – District Manager
Dan Molloy – Attorney
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 the Chair called the roll. All Board members were present. Also present or attending via web conference were Dan Molloy, Attorney, Christopher Dudak, Assistant to the District Manager, and Nancy Dudak, Premier District Management (PDM).
SECOND ORDER OF BUSINESS Approval of the Agenda
The Board reviewed the Agenda.
On MOTION by Supervisor Glidden, seconded by Vice Chair O’Malley, with all in favor, the Board approved the Agenda with the addition of 7A, FY2022 Budget Schedule.
THIRD ORDER OF BUSINESS Audience Comments on Agenda Items
There being none, the next Order of Business followed.
FOURTH ORDER OF BUSINESS Approval of Meeting Minutes
A. Draft Meeting Minutes for January 28, 2021
The Board discussed the Meeting Minutes from January 28, 2021.
On MOTION by Supervisor Glidden, seconded by Vice Chair O’Malley, with all in favor, the Board approved the Meeting Minutes from January 28, 2021 as submitted.
FIFTH ORDER OF BUSINESS Old Business
A. Landscape Efforts and Updates
The Chair read a prepared statement with the following issues:
- He reviewed the landscape maintenance expenses for the last few years. He said that the burden of the infrastructure and maintenance on District property has fallen on the Board of Supervisors that involved meetings, quotes, coordination, inspections and invoice authorizations. The cost averaged $143,500/year, and he proposed that they consider reinstating the maintenance agreement with the Condo Owners Association (COA) for pass through funds to support the district property behind the gates. Payment would be around the $143,000/year with a 3% cost of living adjustment. He stated that with his health issues, he has not been able to fulfill his duties as he did in the past to supervise the contractors on the property. The District Manager stated that he thinks $143,000 is too much to allocate. After discussion, it was agreed to develop a proposed agreement before presenting it to the COA.
On MOTION by Vice Chair O’Malley, seconded by Supervisor Glidden, with all in favor, the Board voted to move forward with the proposal presented by the Chair, contingent on pricing and language, which is to reinstate the maintenance agreement with the Condo Owners Association (COA) for pass through funds to support the District property behind the gates.
- The Chair presented two proposals for a new landscaping contract. The Board discussed accepting one of the proposals or waiting until an agreement with the COA is finalized. They agreed to wait until an agreement was completed. They also discussed the termination of RedTree. The Board expressed concern that their work would not be adequately completed after the required 60-day notice was issued. There was consensus that the Board expects them to fulfill all contractual obligations, including any warranty obligations, such as their installation of coconut palms.
On MOTION by Supervisor Glidden, seconded by Supervisor Whitehurst, with all in favor, the Board voted to terminate the agreement with RedTree.
- The Chair also discussed the installation of annual flowers, which is not included in the current agreement. The Board discussed having the COA contract with a vendor to replace the flowers within the community and bill the expense back to the CDD for a not to exceed amount of $2,500.
On MOTION by Chair Dwyer, seconded by Vice Chair O’Malley, with all in favor, the Board approved having the COA contract with a vendor to replace the flowers within the community and bill the expense to the CDD for a not to exceed amount of $2,500.
- The Chair stated that the quotes he got for sod were more than he expected, so the Board agreed to table the issue of sod installation and the asphalt improvement.
B. Entry Lights Update
Supervisor Glidden updated the Board about the entry lights. He was told by the vendor that the existing box is too small, and the expense for a larger one was too expensive. The Board will look at them and revisit this at the next meeting.
C. Sidewalk Pressure Washing
Vice Chair O’Malley gave an update on the sidewalk pressure washing project. He said he wanted to wait for a decision on the asphalt. The Chair stated that this was authorized at the last meeting and they should start the project as soon as possible.
SIXTH ORDER OF BUSINESS New Business
A. Pond 2A Clean-outs Repairs Report
The District Manager discussed an estimate from Coast to Coast to renovate the drainage swale at the car wash which includes about three underdrain clean-outs, installing caps on the exposed ends and pouring concrete collars around the clean-outs to prevent future damage. The proposal was for $2,025, but the Board also raised the need for cleaning the overgrown culvert between Buildings 11 and 12 and having the supervision of the Engineer for both projects. The Board discussed a not to exceed amount of $3,500 for both projects.
On MOTION by Chair Dwyer, seconded by Supervisor Herd, with all in favor, the Board voted to authorize Coast to Coast to clean out Pond 2A drainage and the clean-outs as proposed plus clean the culvert between Buildings 11 and 12 under the supervision of the Engineer for a not to exceed amount of $3,500.
B. Car Wash Drainage Issues Repair Proposal
Vice Chair O’Malley commented that he had a quote from Mr. Bailey for $750 to repair the carwash drainage issue.
On MOTION by Chair Dwyer, seconded by Supervisor Glidden, with all in favor, the Board voted to authorize Mr. Bailey to repair the carwash drainage issue for a not to exceed amount of $1,000.
C. Wooden Community Signs
The Chair reported that Vice Chair O’Malley had gotten quotes for signs that were too costly. The issue was tabled.
D. New Asphalt Entire Property
This issue was also tabled.
SEVENTH ORDER OF BUSINESS District Manager
A. FY 2022 Budget Schedule
The District Manager discussed the Budget schedule. Final approval will be at the August 26th Public Hearing meeting.
EIGHTH ORDER OF BUSINESS Financial Reports
A. January 2021
The District Manager reviewed the January 2021 financials. The Board discussed uncollected funds.
On MOTION by Chair Dwyer, seconded by Supervisor Whitehurst, with all in favor, the Board voted to accept the January 2021 financials as presented.
NINTH ORDER OF BUSINESS Attorney
A. Debt Assessment Validation Update
The Attorney stated that they had completed the arbitration and filed the District’s response concerning the Debt Assessment Validation. He said he is optimistic about the results, but there is no timeline. He said he thinks it could be finished by June or July.
B. Vue Lawsuit Update
The Attorney reported that there has been no activity, but the Vue’s attorneys have filed a petition with the City of Clearwater requesting they remove them from the CDD. A Hearing is set for March 4th. He said that conversations with Scott Clark, their Attorney, suggest there may be an opportunity to settle. He said he was not in a position to share further details, and the Board decided not to take a position at this time. The Attorney estimated that the Board could lose is approximately $500,000 in a worst case scenario.
Supervisor Herd had to leave the meeting at 6:40 p.m.
On MOTION by Vice Chair O’Malley, seconded by Chair Dwyer, with a 4-0 vote, the Board authorized the Attorney to continue his efforts.
TENTH ORDER OF BUSINESS Supervisor Requests and/or Comments
There being none, the next Order of Business followed.
ELEVENTH ORDER OF BUSINESS Audience Comments
- Azad Ali commented that transferring the maintenance back to the COA did not work out well in the past, and he said that the CDD has improved the maintenance vastly. He hopes that the CDD will provide some oversight if they turn it over to the COA. He also said the Board can call on the community with some of the projects if they continue to do the job.
- Mike McManus thanked the Board for the good job they are doing. He also said that behind Building 1, there is a pond with trees that need to be replaced.
- Colleen Verdon, from the GVCOA, said she feels that she does not have control of the outside of the buildings. She said she thinks the transfer of responsibility from the CDD to the COA for maintenance is a good direction to take.
TWELFTH ORDER OF BUSINESS Adjournment
There being no further business,
The Chair adjourned the meeting at 6:52 p.m.
Next Regular Meeting: March 25, 2021 at 5:30 p.m.