Meeting Minutes for July 13, 2021
Clearwater Cay Community Development District
A second continuation meeting of the Board of Supervisors of the Clearwater Cay Community Development District was held on Wednesday, July 13, 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 – Assistant Secretary
Also present (or attending via web conference) were:
Cal Teague – District Manager
Dan Molloy – Attorney
Bruce Barnes – GVCOA Attorney
Dan Tsinokas – GVCOA President
FIRST ORDER OF BUSINESS Call to Order and Roll Call
The continuation meeting was called to order and the Chair called the roll. All Board members were present, except Supervisor Herd, who attended by phone. Also attending were Cal Teague, District Manager and Dan Molloy, Attorney, along with several residents.
On MOTION by Vice Chair O’Malley, seconded by Chair Dwyer, with all in favor, the Board approved Supervisor Herd to attend the meeting by phone.
NINTH ORDER OF BUSINESS Attorney
A. Vue Lawsuit/Contraction from District Update
The Attorney explained the settlement agreement, the maintenance agreement and a stipulation for dismissal of their actions against the District with prejudice that the Board reviewed in advance of the July 15 City Council meeting. He stated that the Vue agreed to pay 20% for maintenance of Bellaire Road, they agreed to share in the landscaping, maintenance costs not increase more than 7% in any year without their approval. The Board discussed the Vue’s responsibility for their share of the repaving of Bellaire Road.
- Vice Chair O’Malley asked about them paying for their share of the lights, and the Chair stated that they will include the lights in the agreement which would begin October 1st, 2021.
- Supervisor Glidden asked the Attorney if he thought this was a good agreement. Mr. Molloy said that reaching an agreement is what is needed, and he said the Vue has been accommodating. Based on the Attorney’s advice, Supervisor Glidden said he supports the agreement.
- The Chair made favorable comments about the Vue’s Attorney.
- Vice Chair O’Malley said he believes regretfully that they need to take the Attorney’s advice, but he feels that the Vue knew what they were getting into at the outset.
- The Attorney said the Board is only making a decision on what position they will take.
- The District Manager asked what if the request is denied, and the Attorney said the agreement would be void in that case.
- Supervisor Herd asked if the light expense is being considered in this agreement, and the Chair said the current light expenditure will not be included. Supervisor Herd said he is not in favor of the agreement. He said they are using “Bellaire” in their name sign, but they do not want to pay their fair share for road maintenance.
- The District Manager asked about the 20% the Vue is willing to pay, and asked the Attorney if it is for a budget number or for actual expenses, and he said it is for actual expenses.
- The Chair said he wants the District Manager to separate expenses for the Vue. The District Manager said he prefers to send them the actual bills, and they can pay their 20%.
On MOTION by Supervisor Glidden, seconded by Supervisor Whitehurst, with a vote of 4-1 (Supervisor Herd dissented), the Board authorized the Chairman to sign the agreements with the Vue with the three modifications discussed, and voiced their consent concerning the agreement.
ELEVENTH ORDER OF BUSINESS Supervisor Comments
- Vice Chair O’Malley asked about the impact that the Vue agreement for the entrance road if the CDD is dissolved. How will Bellaire Road be maintained? The District Manager stated that as long as it is a CDD road it requires a budget adoption that can be addressed in the future.
- Supervisor Whitehurst stated that he thinks they took the best course they could.
- Supervisor Glidden said he does not like it, but they are making the best possible decision.
TWELFTH ORDER OF BUSINESS Adjournment
There being no further business, and
On MOTION by Chair Dwyer, the meeting was adjourned at 6:04 p.m.
Next Regular Meeting: July 22, 2021 at 5:30 p.m.