Meeting Minutes for January 27, 2022
Clearwater Cay Community Development District
The meeting of the Board of Supervisors of the Clearwater Cay Community Development District was held on Thursday, January 27, 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
Mike Herd – Assistant Secretary
Also present (or attending via web conference) were:
Cal Teague – District Manager
Dan Molloy – Attorney
Christopher Dausch – Engineer
Christopher Dudak – 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, except Supervisor Whitehurst, with Supervisor Herd participating via web conference. Also attending were Cal Teague, the District Manager, and Dan Molloy, the Attorney. Christopher Dausch, the Engineer, and Christopher Dudak, from Premier District Management, participated via web conference.
On MOTION by Supervisor Glidden, seconded by Vice Chair O’Malley, with all in favor, the Board approved Supervisor Herd participating via web conference.
SECOND ORDER OF BUSINESS Approval of the Agenda
Move Engineer Report to Item 5
Break Parking Issues into two parts: the Agreement and the Bellagio Request
On MOTION by Chair Dwyer, seconded by Supervisor Glidden, with all in favor, the Board approved the Agenda, as amended.
THIRD ORDER OF BUSINESS Audience Comments on Agenda Items
Bruce Barnes – In regards to the lawsuit, Grand Venezia has saved $600,000 due to the 2019 assessment. He commended the Attorney and the District for their work on this matter. A favorable ruling was received. The judge will need to decide if the assessments are valid.
FOURTH ORDER OF BUSINESS Approval of Meeting Minutes
A. Draft Meeting Minutes for November 18, 2021
On MOTION by Vice Chair O’Malley, seconded by Supervisor Glidden, with all in favor, the Board approved the Draft Meeting Minutes for November 18, 2021.
FIFTH ORDER OF BUSINESS Old Business
A. Landscape Efforts and Updates
There was a 6″ mainline break in the irrigation system. The parking lot was dug up, and now needs the asphalt replaced by either Mr. Bailey or an asphalt repair contractor.
i. Sunken Paver Repairs at Buildings 7, 9, and Pool Perimeter
Vice Chair O’Malley reported that the trip hazard had been repaired. However, the stone at Building 9 was too low and needed to be fixed. The grass will be taken up at Buildings 11 and 4, and stepping stones will be placed there. All this work will cost $1,500, and had previously had been approved. The cost is within this amount that had been previously approved, and was tabled at the last meeting.
ii. Walkway Bridge Staining
The cost to stain is included in the $1,500 mentioned above.
B. Parking Issues
i. Parking and Parking Enforcement Agreement with Grand Bellagio Condo Association
a. Parking Enforcement Agreement
The Board discussed their current policy and procedure in the existing parking rules approved by both the GVCOA and the CDD, and the continuing problem of people parking in the wrong spaces and other violations. Supervisor Glidden and the Grand Venezia COA Manager were tasked with reviewing and recommending changes to the current policy. They proposed several amendments, including giving violators one warning sticker, thereafter being towed, and they supported the proposal with Grand Bellagio to have the guards from the guardshack be given responsibility for enforcement. Other changes included limiting the issuance of the number of parking stickers based on the number of bedrooms within the unit. Also, there were suggested changes in the administration of the rules and Clause 13, regarding towing without warning. Specifically, the third bullet point, strike after “any vehicle that” to “poses a safety risk”.
On MOTION by Supervisor Glidden, seconded by Chair Dwyer, with 3 in favor, and Vice Chair O’Malley opposed, the Board approved the proposed amendments to the current Grand Venezia parking policy as presented by the Grand Venezia COA Manager and Supervisor Glidden.
b. Parking Use Agreement with Grand Bellagio COA and the Clearwater Cay CDD
The President of Grand Bellagio stated that they will be starting a major construction project, and they asked to use some of our parking spaces. The Board discussed using Harbourside, and reiterated the need for Harbourside to move three dumpsters. In exchange for the use of these spaces, Grand Bellagio would provide parking enforcement for the Grand Venezia community.
On MOTION by Supervisor Glidden, seconded by Chair Dwyer, with all in favor, the Board approved the intent to allow residents of Bellagio to park on Clearwater Cay property, and allow the District Manager to negotiate a temporary license agreement with Dennis of Grand Bellagio the spaces where they will park in the Harbourside parking lot, which is owned by the CDD, for 2 years beginning February 1, 2022.
SIXTH ORDER OF BUSINESS New Business
A. Lighting Proposal for in front of Clubhouse
The draft agreement identified the proposed parking area in an aerial. It was not clear exactly where that is, so this will be tabled for now. Because of this fact, the Board agreed to split the electric bill with the COA.
On MOTION by Vice Chair O’Malley, seconded by Supervisor Glidden, the Board agreed to split the electric bill 50%/50% for the lights around the perimeter of the garden in front of the clubhouse.
B. Pull Wire and New Light Box Proposal
A light was out because of lightning damage.
On MOTION by Supervisor Glidden, seconded by Vie Chair O’Malley, with all in favor, the Board approved the replacement to pull wire to replace the light box.
C. Dumpster Noise Complaint for Office Building Parking Lot
This was covered above.
SEVENTH ORDER OF BUSINESS District Manager
Everything that District Manager Teague wanted to discuss was on the Agenda.
EIGHTH ORDER OF BUSINESS Engineer
A. Site Visit Work Report
Chair Dwyer had asked Engineer Dausch to look at faults in the seawall. Engineer Dausch had a site visit on January 14, 2022, and he saw several areas that needed attention. Solid Foundations came out and met with Engineer Dausch to review their prior work, mainly by Building 12 on the point. This is the only place where he saw seawall damage. Engineer Dausch believed that wave action may be causing some of the problem. Solid Foundations and Engineer Dausch met again to check their previous work with a probe to see if any work was warranty work. In response to Supervisor Glidden’s question, Engineer Dausch stated that he will determine what damage is from the old repair, and what is from the new repair, at his next inspection. He stated that Solid Foundations had charged $15,000 previously.
Engineer Dausch reported that he plans to have the 20-year needs analysis completed by March.
He included pictures at Pond 3, which is the long linear pond between properties. Referring to the pipe that comes into the pond from Bellagio, he felt that Bellagio should look into cleaning that pipe end.
Other pictures he included showed that the concrete at Building 4 needed to be redone.
At the retention pond, the vegetation growth at the out-flow needed to be trimmed.
NINTH ORDER OF BUSINESS Financial Reports
A. November & December 2021
On MOTION by Supervisor Glidden, seconded by Vice Chair O’Malley, with all in favor, the Board accepted the Financial Reports for November & December 2021.
District Manager Teague wondered if $70,000 in a construction fund can be moved to the general fund. Attorney Molloy was unsure and will investigate it.
TENTH ORDER OF BUSINESS Attorney
A. Debt Assessment Validation Update
Attorney Molloy stated that Bruce Barnes had covered much of this previously during audience comments. The final hearing was set for February 7, 2022. Outside of the meeting, the Court handed out a favorable ruling that the issue being considered is only the debt assessment. Because of the ruling, the Fishkind assessment from 2018 is now off the table. The opinion at the hearing will determine whether the CDD debt assessment was correct. If there is a favorable opinion, the Bondholders will appeal it, and this will prolong the process at least another year. There could also be sanctions against them for delaying.
Attorney Molloy stated that in the upcoming hearing, the Board and District Manager Teague could be subpoenaed by the defending counsel.
ELEVENTH ORDER OF BUSINESS Supervisor Requests and/or Comments
Vice Chair O’Malley commended Coleen Verdon from the COA on the work the COA has done in the community. He also was opposed to the tennis courts being used for storage. Chair Dwyer said they will not do so, because it is not a consideration.
Chair Dwyer stated that he will not be seeking reelection this year. He appreciated all the work that had been done during his tenure.
TWELFTH ORDER OF BUSINESS Audience Comments
Mike McMannes complimented Chair Dwyer on his service, and he also was appreciative of District Manager Teague and Attorney Molloy. He stated that the new management company is much more supportive than the previous company.
Coleen Verdon requested that the stepping stones be painted in coordinating colors. Vice Chair O’Malley will arrange this with Bill Bailey.
A resident would like a survey of the community to change the tennis courts to pickle ball. Chair Dwyer explained that this is not owned by the CDD, and she should extend her request to the COA. The resident also suggested that there be signs indicating where the buildings are in the community.
A resident asked about motorcycle parking. She was informed that they will also need a sticker.
A resident asked about the Bellagio residents parking in areas that are not designated for them. The Board stated that they will be issued decals of a different color and will be towed without notice if they park in the wrong space. There was also a question about residents parking two deep when their garages are next to a pole. The Board stated that a traffic study was prepared by an engineer, who identified no parking areas, and this is what has been followed.
Anthony Oastasio from 519 pointed out that the pavers at Buildings 5 and 8 are not level. The Board will investigate this and contact him.
A resident would like to have waste removal signs placed along the trail.
It was pointed out that a bench at Building 5 was removed by Coleen, and it was decided to have it replaced.
On MOTION by Vice Chair O’Malley, seconded by Supervisor Glidden, with all in favor, the Board approved the replacement of a bench at Building 5, not to exceed $1,000.
THIRTEENTH ORDER OF BUSINESS Adjournment
The meeting was adjourned by Chair Dwyer at 7:00 PM
NEXT REGULAR MEETING: March 24, 2022 at 5:30 PM