Meeting Minutes for November 19, 2020
Clearwater Cay Community Development District
The meeting of the Board of Supervisors of the Clearwater Cay Community Development District was held on Thursday November 19, 2020 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:
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 Cal Teague, District Manager, called the roll. All Board members were present except Don Dwyer. Also present were Dan Molloy, Attorney, Christopher Dudak, Assistant to the District Manager, and Nancy Dudak, Premier District Management (PDM).
SECOND ORDER OF BUSINESS Post-Election Supervisors Oath of Office
Supervisor Whitehurst read and signed the Oath of Office and was sworn in by the District Manager.
THIRD ORDER OF BUSINESS Board Reorganization Resolution 2021-01
The District Manager explained Resolution 2021-01 referring to the Board Reorganization. Vice Chair O’Malley commented that he felt the Board should postpone the reorganization until Supervisor Dwyer could be present at the meeting, which was ultimately agreed upon after some discussion and a failed motion to have Supervisor Herd serve as Chair, the Board agreed to move the Agenda item forward until Supervisor Dwyer could be present.
FOURTH ORDER OF BUSINESS Approval of the Agenda
The Board reviewed the Agenda.
On MOTION by Supervisor Herd, seconded by Supervisor Glidden, with all in favor, the Agenda was approved as presented.
FIFTH ORDER OF BUSINESS Audience Comments on Agenda Items
An audience member commented on legal costs and the Board’s approval of $225 per hour for each of them to attend depositions. However, this was not an Agenda item and he was instructed that this can be discussed at the end of the meeting.
SIXTH ORDER OF BUSINESS Review of Audit Selection Committee Recommendations
The recommendation of the Audit Committee was to award Berger, Toombs, Elam, Gaines & Frank for a three-year contract to conduct the audits.
On MOTION by Supervisor Glidden, seconded by Supervisor Herd, with all in favor, the Board voted to award Berger, Toombs, Elam, Gaines & Frank a three-year contract to conduct the audits.
SEVENTH ORDER OF BUSINESS Approval of Meeting Minutes
A. Draft Regular Meeting Minutes for September 24, 2020
The Minutes for September 24, 2020 were reviewed with a modification suggested on Line 24.
On MOTION by Supervisor Herd, seconded by Supervisor Glidden, with all in favor, the Meeting Minutes from September 24, 2020 were approved as amended on Line 24.
EIGHTH ORDER OF BUSINESS Old Business
A. Stormwater Improvements Update
The District Manager shared a letter from the Engineer stating that the system performed very well during the recent tropical storm, which was verified by another Board member.
B. Landscape Efforts Updates
There were no updates available, but all projects have been completed.
C. Garage Lease Updates
A Board Member asked if someone from the Board could speak with the COA about performing regular maintenance. The District Manager recommended meeting with the Chair about the issue. The Board had some concerns about negotiations not happening fast enough. It will cost about $10,000 to meter all the garages. The District Manager commented that new garage leases are going to be sent out before January for renters to sign.
On MOTION by Supervisor Glidden, seconded by Vice Chair O’Malley, with all in favor, the Board authorized Vice Chair O’Malley to take over the negotiations with the COA for the garages and the maintenance of the facility, with those not complying getting evicted.
ii. 2021 Leases
The Board discussed that sub-leasing should be prohibited. It was suggested that the Board obtain liability insurance on the garage structures. Board members were asked to submit changes they would like to see on the lease agreements to the District Manager. There is a wait list for garages.
On MOTION by Supervisor Glidden, seconded by Vice Chair O’Malley, with all in favor, the Board authorized sending the lease agreements to residents next week.
There was a discussion to assign Supervisor Herd the responsibility of approaching the residents in the unleased garages to offer them the option to sign a lease. If there is no existing lease and corresponding payment, then they will not be given the option to sign a lease and will be evicted.
On MOTION by Vice Chair O’Malley, seconded by Supervisor Herd, with all in favor, the Board authorized Supervisor Herd to approach residents in the unleased garages to offer them the option of signing and making a payment for a garage lease agreement, or they will be evicted from the garage.
iii. Garage Use Rules
The Board discussed utilizing the lease agreement and having the lessee initial the rules. The garages that were empty are all full now. They were told by COA that some were vacant but Supervisor Herd said there are no vacancies and he will report on who to send the leases to.
On MOTION by Supervisor Glidden, seconded by Vice Chair O’Malley, the Board voted to authorize the Garage Use Rules which will be added to the garage lease.
D. Community Lights Update
The broken lights were fixed. Insurance does not cover damage to the light poles, some of which are rotted out. A proposal is forthcoming for the poles. Supervisor Glidden volunteered to follow up on the light situation.
E. Carwash Hose Wheel Repair Update
The hose wheel was repaired, and Vice Chair O’Malley offered to call the vendor to get the nozzle replaced.
F. Community Pressure Washing Proposal
The Board agreed to revisit the pressure washing at the next meeting.
G. Parking Enforcement
The Board agreed to revisit the parking enforcement at the next meeting.
NINTH ORDER OF BUSINESS New Business
There being none, the next Order of Business followed.
TENTH ORDER OF BUSINESS District Manager
A. FEMA Required Contract Language
The District Manager explained that FEMA requested an amendment to the PDM contract that requires any contract awarded with emergency funding over $100,000 must include a certificate of compliance with the Byrd Anti-Lobbying Amendment. The Board discussed authorizing the Attorney to amend their contract to include this language.
On MOTION by Supervisor Herd, seconded by Vice Chair O’Malley, with all in favor, the Board authorized the Attorney to include the FEMA requested contract language as an amendment to the PDM contract. This will require any contract awarded that has emergency funding that exceeds $100,000 include a certificate of compliance with the Byrd Anti-Lobbying Amendment.
ELEVENTH ORDER OF BUSINESS Financial Reports
A. September and October 2020
The District Manager discussed the Financial Reports for September and October 2020.
On MOTION by Vice Chair O’Malley, seconded by Supervisor Herd, with all in favor, the Financials for September and October 2020 were accepted.
TWELFTH ORDER OF BUSINESS Attorney
A. Debt Assessment Validation Update
There has been no additional activity, according to the District Attorney. There are remaining depositions that need to be given.
The Vue filed an action against the District regarding the maintenance assessments. They asked for a refund of last year’s assessments. The Attorney requested them to dismiss the complaint but they have filed an additional lawsuit. The District Manager reported that they had called asking about their direct pay assessment bill which they thought was due. He said he responded that it was on their tax bill and would be paid when they paid their taxes.
THIRTEENTH ORDER OF BUSINESS Supervisor’s Requests and/or Comments
- Supervisor Glidden suggested getting paid mileage for depositions and said that the Board should not be paid for their time for depositions. Vice Chair O’Malley defended the payment of $225 an hour because he believes people would like to be paid for their time when it exceeds the job expectation.
On MOTION by Supervisor Glidden, seconded by Supervisor Herd, with a vote of 3-1 (Vice Chair O’Malley dissented), the Board voted to receive payment for mileage for legal depositions only, rescinding their previous Motion to get paid $225 an hour for each deposition, with the exception of money previously paid.
- Supervisor Herd suggested allowing call-in callers and video conferencing in the future, and continuing social distancing at meetings.
On MOTION by Supervisor Herd, seconded by Supervisor Glidden, with all in favor, the Board voted to allow call-in callers and video conferencing for the Board and the public in the future.
- Vice Chair O’Malley discussed why he feels there should not be cigarette receptacles on CDD property. He said that the CDD property goes to the footprint of the building and there is no smoking allowed in the building. He said that someone put a cigarette receptacle container on CDD property, so the District Manager will send an email asking for it to be removed.
On MOTION by Vice Chair O’Malley, seconded by Supervisor Herd, with all in favor, the Board approved a policy to prohibit cigarette receptacles on CDD property.
- Vice Chair O’Malley requested having the driveways resurfaced. He will get quotes.
- Vice Chair O’Malley asked if the Board has the authority to ask the Vue not place evicted tenant property at the front entrance. He was told they do not have the authority to make that request.
FOURTEENTH ORDER OF BUSINESS Audience Comments
- An audience member suggested asking the Vue if they can avoid blocking the road with evicted tenant property.
- Another audience member asked about drainage, which the District Manager answered.
FIFTEENTH ORDER OF BUSINESS Adjournment
There being no further business,
On MOTION by Vice Chair O’Malley, seconded by Supervisor Herd, with all in favor, the meeting was adjourned at 6:51 p.m.
Next Regular Meeting: December 17, 2020 at 5:30 p.m.