Meeting Minutes for May 28, 2020
Clearwater Cay Community Development District
The meeting of the Board of Supervisors of the Clearwater Cay Community Development District was held via web conference on Thursday, May 28, 2020 at 5:30 p.m.
Attending via web conference due to Executive Order 20-69 waiving the quorum requirement were:
Michael Herd – Chair
Patrick O’Malley – Vice Chair
Alan Glidden – Assistant Secretary
Jeff Wilson – Assistant Secretary
Don Dwyer – Assistant Secretary
Also attending via web conference were:
Cal Teague – District Manager
Dan Molloy – Attorney
Christopher Dausch – Engineer
Christopher Dudak – Assistant to the District Manager
FIRST ORDER OF BUSINESS Call to Order and Roll Call
The meeting was called to order and the District Manager called the roll. All Board members were present.
SECOND ORDER OF BUSINESS Approval of the Agenda
On MOTION by Supervisor Dwyer, seconded by Supervisor Wilson with all in favor, the Agenda was approved as presented.
THIRD ORDER OF BUSINESS Audience Comments on Agenda Items
- Attorney Scott Clark, representing the Vue Apartment complex, asked that his letter of May 21st be part of the proceedings for this meeting.
- Courtney Kraft, representing the Wounded Warrior Project, described their program of assistance to veterans.
- Other audience members were present but did not comment.
FOURTH ORDER OF BUSINESS Approval of Meeting Minutes
A. Regular Meeting Minutes from April 23, 2020
The Minutes were approved as presented.
On MOTION by Supervisor Dwyer, seconded by Vice Chair O’Malley, with all in favor, the Meeting Minutes from April 23, 2020 were approved as presented.
FIFTH ORDER OF BUSINESS Old Business
A. Stormwater System Improvements Update
i. Building 1 Drainage Concerns
The Engineer had a survey done which confirmed that the pond was built according to the original plan. Geotechnical did some borings and other study information. Over time, very little has occurred, except the percolation rate appears to have changed. The Engineer concluded that any options to correct the drainage would be too costly, in excess of $50,000, for the minimal benefits that might be obtained. He recommended not to pursue improvements at this time. The Board agreed to table the matter unless the Building 1 drainage overflows the banks and causes a problem at the building structure. The Engineer confirmed that the community is in compliance at this time.
The Engineer updated the Board on drainage issues at the area used as a car wash. He suggested a drainage swale and the Board authorized him to obtain a proposal to remediate this problem.
ii. Joint Improvements with Bellagio Update
Supervisor Dwyer reported that the Community Association Manager with whom they were coordinating efforts had resigned at Grand Bellagio. The new CAM is preparing a proposal to correct the drainage issues at the two joint ponds (2&3) and the skimmer in Pond 2. After discussion, it was agreed that the Engineer and Supervisor Dwyer will get proposals and present them to the Grand Bellagio Board, explaining that the District would make the improvements and have Grand Bellagio reimburse the District for half of the expenses, according to the agreement between the two communities.
iii. Skimmer Replacement Proposal
The Board discussed the critical need for repair and maintenance of the skimmer in Pond 2 and want to proceed with this immediately, at an expense of $3,400. The Engineer confirmed the joint responsibility of both communities. He will draft a letter to them about both repairs and state that the skimmer will be replaced immediately.
On MOTION by Supervisor Dwyer, seconded by Vice Chair O’Malley, with all in favor, the Board voted to contact Grand Bellagio’s management organization regarding the outflow structure that needs to be rebuilt immediately for $3,400 due to the restricted flow through the structure. The Engineer will draft a letter to Grand Bellagio stating that both repairs are necessary, but the skimmer will be addressed immediately.
B. Landscape Efforts and Updates
Supervisor Dwyer presented the following proposals for the Board’s consideration:
- Building 8 parking area palm removal and replacement for $745.
On MOTION by Supervisor Dwyer, seconded by Chair Herd, with all in favor, the Board voted to remove and replace palms in the Building 8 parking area for $745.
- Building 12 gazebo landscape enhancement for $715.
On MOTION by Supervisor Wilson, seconded by Supervisor Glidden, with all in favor, the Board voted to enhance the landscaping at the Building 12 gazebo for $715.
- Building 1 parking area queen palm removal for $850.
On MOTION by Vice Chair O’Malley, seconded by Supervisor Dwyer, with all in favor, the Board voted to remove the queen palm in the Building 1 parking area for $850.
- Phase 2 sod installation for $13,320.
On MOTION by Vice Chair O’Malley, seconded by Chair Herd, the Board voted 4-1 (Supervisor Dwyer voted no) not to approve the Phase 2 sod installation for $13,320.
- There was a seasonal color flower installation proposal for $2,925. The Board discussed reducing the flower installations from four to three times a year. They discussed the price per unit and labor costs, and removing the annuals in favor of perennials. Ultimately, no action was taken regarding seasonal flower installations.
C. Garage Lease Termination Issues
The Board discussed the garage leases and voted to reduce the lease on the garages from $100 to $50 per unit each month and to donate the $50 rent received to the Wounded Warrior Project beginning in 2021. Supervisor O’Malley proposed that the CDD turn over the ownership of the garages and the maintenance facilities to the COA. The Attorney will look into legally transferring the garage property to the COA.
On MOTION by Chair Herd, seconded by Supervisor Dwyer, with a 3-2 vote (Supervisors Glidden and Wilson opposed), the Board voted to reduce the lease fees on the freestanding garages from $100 to $50 per unit each month and to donate the $50 rent received to the Wounded Warrior Project beginning in 2021.
D. Pressure Washing Tabled Proposals
Vice Chair O’Malley will get revised proposals for pressure washing that includes the sand being restored in the paver’s bricks.
On MOTION by Vice Chair O’Malley, seconded by Supervisor Glidden, with all in favor, the Board voted to get revised proposals for pressure washing that includes the sand being restored in the paver’s bricks.
E. Firepits Construction Update
Vice Chair O’Malley updated the Board on the status of the firepits, including any issues with the Fire Marshal, which have been resolved. The work has been completed on both firepits, but they are awaiting the completion of the three custom benches by the same person who installed the firepits. The Fire Marshal will inspect both sites when he returns from vacation, just to verify compliance since no permit was needed.
F. Parking Enforcement Rules Review
The Board felt that the current rules in place are adequate to regulate and enforce parking restrictions. Supervisor Wilson ordered car stickers and was told to proceed with enforcement of the standing rules.
G. CDD Community Letter
The letter was sent out to the community and is also on the website.
SIXTH ORDER OF BUSINESS New Business
A. CDD/HOA Property Ownership/Responsibility Discussion
The Grand Venezia COA property ownership, as identified on the Property Appraiser’s website, was reviewed. The Board had questions about the kayak racks and the mangrove trimming expenses, which are on property identified as belonging to the GV COA. It is scheduled for one more trimming for the year. The Attorney and the District Manager will research the issue and report back to the Board with recommendations.
B. Walkway Lights
The Chair said the upgraded walkway lights will cost approximately $8,800 to illuminate all of the walkways. The Board approved a not to exceed amount of $8,800 for the upgraded walkway lights.
On MOTION by Supervisor Wilson, seconded by Supervisor Glidden, with all in favor, the Board voted to upgrade the walkway lights for a not to exceed amount of $8,800.
C. 4th of July Extravaganza
The Board discussed whether or not to host a July 4th extravaganza. They concluded that it was best to fund it themselves. The funds collected will be a voluntary contribution and was suggested to be one meeting payment by the Board members fund for the event.
SEVENTH ORDER OF BUSINESS District Manager’s Report
A. Website Launch and Email
The website was live as of May 19. There was a discussion about how to list Board member’s email contact on the website and it was agreed to have it by name as opposed to seat number.
B. FY2021 Tentative Budget Adoption and Public Hearing: Resolution 2020-04
The Board reviewed the Budget and agreed to continue the meeting on June 11 at 5:30 p.m. to consider a reduction in the Vue’s assessment ERCs. This could result in an increase in assessments for a portion of the community. Recommendations will be made on how to proceed at that time. The public hearing will be set for the August meeting.
C. District Registered Voter Count
The District Manager announced that there are 265 registered voters residing in the District, according to the Supervisor of Elections.
EIGHTH ORDER OF BUSINESS Financial Reports for April 2020
The April 2020 financial reports were accepted as presented.
On MOTION by Supervisor Wilson, seconded by Vice Chair O’Malley, with all in favor, the Board voted to accept the Financial Reports for April 2020.
NINTH ORDER OF BUSINESS Attorney’s Report
A. Debt Assessment Validation
The Attorney updated the Board on the assessment validation and said that an arbitrator has been selected. He is researching the matter and is working on the response to the bond holders requests.
TENTH ORDER OF BUSINESS Supervisor’s Requests and/or Comments
- Supervisor O’Malley asked what is required of a Board member who is not running for re-election. The Attorney said that a report for the year is required along with a financial disclosure form.
ELEVENTH ORDER OF BUSINESS Audience Comments
There being none, the next Order of Business followed.
TWELFTH ORDER OF BUSINESS Adjournment
At 6:55 p.m., the Board voted to continue the meeting on June 11 at 5:30 p.m.
On MOTION by Vice Chair O’Malley, seconded by Supervisor Dwyer, with all in favor, the Board voted to continue the meeting on June 11 at 5:30 p.m.
Continued meeting: June 11, 2020 at 5:30 p.m.
Next Regular Meeting: June 25, 2020 at 5:30 p.m.