Meeting Minutes for March 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, March 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
Mike Herd – Absent
Also present (or attending via web conference) were:
Cal Teague – District Manager
Dan Molloy – Attorney
Nancy Dudak – Premier District Management (PDM)
Colleen Verdon, GVCOA
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 Herd. Also present or attending via web conference were Cal Teague, District Manager, Dan Molloy, Attorney, and Nancy Dudak, Premier District Management (PDM).
SECOND ORDER OF BUSINESS Approval of the Agenda
The Board reviewed the Agenda and Chair Dwyer requested to add to New Business, 6A, as the first item with an update on Grey Robinson. The Operating Agreement with GVCOA will become 6B.
On MOTION by Vice Chair O’Malley, seconded by Supervisor Glidden, with all in favor, the Board approved the Agenda with the modification of moving New Business, 6A, to the first item.
THIRD ORDER OF BUSINESS Audience Comments on Agenda Items
Colleen Verdon asked for time to speak on New Business items, and the Chair asked that she wait until later in the Agenda.
FOURTH ORDER OF BUSINESS Approval of Meeting Minutes
A. Draft Meeting Minutes for February 25, 2021
The Board reviewed the Meeting Minutes from February 25, 2021.
On MOTION by Vice Chair O’Malley, seconded by Supervisor Glidden, with all in favor, the Board approved the Meeting Minutes from February 25, 2021 as submitted.
FIFTH ORDER OF BUSINESS Old Business
A. Landscape Efforts and Updates
The Chair stated that they are currently having irrigation issues and a minor conflict with RedTree regarding fertilization. He also said they had an issue with a broken bench that needs to be removed on the right side of the community. He then made a statement regarding maintenance issues, that he would prefer not to be involved overseeing grounds maintenance. He said he would like to continue to run the meetings as Chairman and answer questions, and to deal with all of the legal appearances, depositions, and anything pertaining to the community that involves the District.
Supervisor O’Malley asked that the broken concrete caused by landscapers on the property be replaced or that they reimburse the CDD. The District Manager said he will check on that.
B. Entry Lights Update
i. New Proposal
The Chair said that he is willing to proceed with Supervisor Glidden’s recommendations to upgrade with lighting visible to the top of the tree at the entryway for $7,467.
On MOTION by Supervisor Glidden, seconded by Vice Chair O’Malley, with all in favor, the Board approved the Hoffman proposal to upgrade the lights at the entryway for $7,467.
C. Pressure Washing Update
The pressure washing is scheduled for March 27-30. Homeowners will be notified when to move their cars. There may be a surcharge to the homeowner if the contractor has to come back due to cars not being moved. The Attorney stated the COA could probably charge, but if they add charges, they have to change the rules.
D. Pond 2A Clean-outs Repairs Update
The Chair and the District Manager gave an update. The work that was approved last meeting has been completed. The Chair reported on his update by the Engineer regarding an additional clean-out that was found. In order for the contractor to do the mitered ends and to fix the cap it would be $4,500 versus $3,500, or an additional $1,000. This additional expense was approved. Also the District Manager is to contact the Engineer to obtain a bid for a French drain style system for the swale between Buildings 11 and 12.
On MOTION by Supervisor Gidden, seconded by Vice Chair O’Malley, with all in favor, the Board approved an additional $1,000 to include the extra clean-out upgrade.
E. Car Wash Drainage Issues Repairs Update
Vice Chair O’Malley reported that the car wash drainage work will begin on March 30 and be completed on April 2, including the removal of a tree. The Chair said that it has been reported that people are parking illegally in the car wash bays. There was a discussion about marking the car wash as a “no parking” zone so that they can tow them. The District Manager will get a bid for painting the concrete with “no parking” markings for all four bays.
SIXTH ORDER OF BUSINESS New Business
A. Grey Robinson Outstanding Invoices
The Chair stated that the Board received an email from Bruce Barnes concerning the Grey Robinson law firm that falsely represented the District before the Clearwater City Council in 2005. The email suggested that they should refuse to pay anything. He said he believes the Board and the Attorney should respond with a note to Mr. Barnes saying they will not pay. The District Manager has already sent an email notifying Grey Robinson of this. The topic was tabled until next meeting.
B. Operating Agreement with GVCOA
Ms. Verdon addressed the Board concerning the COA taking over the maintenance from the CDD board. She presented an operating budget. She put all items out to bid to have real numbers to work with. She said the COA cannot operate at a deficit. She said if properly funded, she can get the property back in shape. There was also a discussion about using Land Lords Lawn to do the landscaping. Chair Dwyer stated that at the last meeting the current contract with RedTree was terminated effective May 1. Therefore, a new landscape maintenance firm had to be approved as soon as possible.
On MOTION by Supervisor Glidden, seconded by Supervisor Whitehurst, with all in favor, the Board voted to authorize Land Lords Lawn to do the landscaping for 12 months with the stipulation that the contract is transferable from the CDD to the GVCOA. Vice Chair O’Malley will supervise the landscaping work until other supervision arrangements can be made.
The Board agreed to table the transfer of the maintenance until they have further information about boundaries and responsibilities between the COA and the CDD. The Attorney said that the existing assessment schedule is based on a $100,000 budget. The District Manager said that if the behind-the-gates maintenance is budgeted for more than $100,000, then the assessment against the Grand Venezia owners will go up and notices must be sent to every property owner by June 15 for the September tax roll. The issue was tabled until they obtain further information.
SEVENTH ORDER OF BUSINESS District Manager
A. Fiscal Year 2022 Preliminary Budget
The District Manager shared a draft Budget with the Board. He encouraged the Board to contact him with questions before the final Budget is presented.
EIGHTH ORDER OF BUSINESS Financial Reports
A. February 2021
The District Manager reviewed the February 2021 financials.
On MOTION by Supervisor Whitehurst, seconded by Vice Chair O’Malley, with all in favor, the Board voted to accept the February 2021 financials as presented.
NINTH ORDER OF BUSINESS Attorney
A. Debt Assessment Validation Update
The Attorney discussed the results of the non-binding arbitration order which he said was favorable for the District and will be presented to the court. He said that if the court ratifies the assessments that are in place then this will put the issue to rest. The opposition has 20 days to refuse the arbitrator’s ruling and ask for trial. He believes the judge will follow the arbitrator’s recommendation and agree with it. He also mentioned that the attorney for bond holder, Brian Crumbaker, has left the firm and now works for another firm. The Attorney is unsure if the original attorney will continue to handle the litigation through his new firm or if they will assign this to another attorney within the firm. The Chair and Vice Chair thanked the Attorney for his diligence in handling this matter.
B. Vue Lawsuit Update
The Chair discussed their meeting with the Clearwater City Council for removing the Vue from the District. He said they really wanted a postponement so they could continue to strategize. The Chair made clear to them that the assessments for the Vue were already discounted, which had not been mentioned to the Mayor and City Council. Now the Vue is asking for an additional reduction. The petition to de-annex the Vue from the District was stayed for 60 days and the Attorney said he will have some recommendations for the Board at the next meeting. He said that the next meeting might need to be a “shade” meeting to discuss the issue in closed session.
TENTH ORDER OF BUSINESS Supervisor Requests and/or Comments
There being none, the next Order of Business followed.
ELEVENTH ORDER OF BUSINESS Audience Comments
Mike McManus explained why he thinks the irrigation system should be maintained now rather than later. The Chair asked the GVCOA Manager to explain the irrigation proposal. Ms. Verdon said that she does not believe the current irrigation vendor is large enough to handle the job. She recommended an irrigation inspection with Aqua Pro at a cost of $2,150 for a complete system analysis and $525/month for maintenance service, excluding repairs. The District Manager recommended getting the inspection done right away.
The Board also asked the District Manager if they can deduct incomplete work from the final payment to RedTree.
On MOTION by Supervisor Whitehurst, seconded by Supervisor Glidden, with all in favor, the Board voted to authorize Ms. Verdon to spend $2,150 to have the irrigation system evaluated.
TWELFTH ORDER OF BUSINESS Adjournment
There being no further business,
The Chair adjourned the meeting at 6:47 p.m.
Next Regular Meeting: April 22, 2021 at 5:30 p.m.