Meeting Minutes for March 28, 2024
Clearwater Cay Community Development District
The meeting of the Board of Supervisors of the Clearwater Cay Community Development District was held on Thursday, March 28, 2024 at 5:30 p.m. at the Grand Venezia Baywatch Clubhouse at 2704 Via Murano in Clearwater, Florida 33764.
Present and constituting a quorum were:
Don Dwyer – Chair
Patrick O’Malley – Vice Chair
Alan Glidden – Assistant Secretary
Anthony Anastasio- Assistant Secretary
Arriving later:
Paul Gordon Feaster – Assistant Secretary
Also present were:
Cal Teague – District Manager, Premier District Management (PDM)
Dan Molloy – Attorney, Molloy & James
Attending remotely:
Christopher Dudak – Client Services Manager, PDM
FIRST ORDER OF BUSINESS Call to Order and Roll Call
The meeting was called to order at 5:30 p.m. and Chair Dwyer called the roll. Four Board members were present. Supervisor Feaster arrived at 5:41 p.m. Also in attendance were Cal Teague, the District Manager, and Dan Molloy, the Attorney. Attending remotely was Christopher Dudak, the Client Services Manager.
SECOND ORDER OF BUSINESS Approval of the Agenda
On MOTION by Supervisor Glidden, seconded by Supervisor Anastasio, with all in favor, the Agenda was approved, as presented.
THIRD ORDER OF BUSINESS Audience Comments on Agenda Items
There were no Audience comments.
FOURTH ORDER OF BUSINESS Approval of Meeting Minutes
A. Draft Regular Meeting Minutes for January 25, 2024
On MOTION by Vice Chair O’Malley, seconded by Supervisor Anastasio, with all in favor, the Board approved the Draft Regular Meeting Minutes from January 25, 2024, as presented.
FIFTH ORDER OF BUSINESS Old Business
A. Update on Belleair Road Lighting and Landscaping
Supervisor Glidden stated that there are several lighting issues on the Belleair island. Two lights had a bad relay; they had power, but it was not traveling up the pole, so the lighting guts were replaced. He reported that three days later he noticed that the landscape lights were out, because the Harbourside office building’s landscapers damaged the electrical lines when they were working. He stated that Hoffman Electric is coming Friday to repair them.
Chair Dwyer stated that the Harbourside owner was annoyed when the yard sale in the parking lot was approved by the Board several months ago. They produced an easement agreement that gives them the exclusive use of the parking lot, of which the Board and Attorney Molloy had not been previously aware. Chair Dwyer suggested that the Board not bill them for the $800 electrical repair, so they are not further antagonized. After repairs, staff will send a letter, stating that their landscaper damaged the CDD’s power source more than once and will cover the bill, but they should tell their landscapers to be more cautious.
Chair Dwyer explained that PDM staff is obtaining a replanting proposal for the Belleair island and will seek a discount from Land Lords Lawn. He also stated that the irrigation system is currently being evaluated by AquaPro to determine and advise staff if there are any issues with irrigating the Belleair island once the plantings are installed.
Attorney Molloy stated that they have a permanent easement, and he will forward the agreement to the District Manager, who will submit it to the Board.
SIXTH ORDER OF BUSINESS New Business
Supervisor Glidden restated his belief that Supervisors should not be paid for a court attendance, but only if they are subpoenaed or appointed to represent the District in the U.S. Bank case, or if otherwise officially required to be present.
Chair Dwyer stated that the three Supervisors who are named in the lawsuit are facing heavy liability, and they have the right to be compensated because they are defending themselves for their actions in support of the District.
Supervisor Glidden stated that the District is paying too much for this and that serving as a Supervisor is voluntary, and he has heard complaints from the community.
Attorney Molloy explained that courts and mediators often require specific individuals to be present. Supervisor Glidden stated that, if so required, then he agrees that they can be paid. His only issue is that Supervisors are receiving compensation when they are not required to be in attendance. After the termination of the discussion, do to a failed motion with no second, it was decided that Supervisor Anastasio will speak with District Manager Teague after the meeting in order to get a fuller history of this issue including the language in all prior motions on this subject.
On MOTION by Supervisor Glidden, with no second, it was moved that Supervisors should not be paid $175 an hour when they are not required to be in court, mediation, or in a deposition. Since there was no second, the MOTION FAILED.
Supervisor Feaster arrived at the meeting at 5:41 p.m.
SEVENTH ORDER OF BUSINESS District Manager
A. Draft of Proposed Fiscal Year 2025 Budget
The Draft of the Proposed Budget was included in the packet, and District Manager Teague stated that May 23, 2024 is the date for the approval of the Proposed Budget, and when the Public Hearing date will be approved by resolution. The Board was encouraged to send any questions or requests concerning the Budget to District Manager Teague before the next meeting. The Board discussed the litigation costs, which should be included in the Budget, and District Manager Teague stated that there is $120,000 designated for legal expenses. He also stated that funds are included in the Budget for the December stormwater inspection that is required every 18 months, and that the Belleair Road maintenance line item will be $525,000. He stated that the fund balance is just under $100,000 for the next year.
Attorney Molloy asked if the District has been billing the Vue for their 25% portion of the landscaping. District Manager Teague stated that he does not know where to send the invoice. Chair Dwyer will provide him with this information.
Supervisor O’Malley noted that it should be considered that there is a new parcel in the Vue, which is not a part of the District, and it would increase the traffic and maintenance costs on Belleair Road.
B. Update on Insurance Reimbursements
A tally of Corvel checks paid as of now was in the packet, stating that the amount is $71,819.41, which does not include the amount for the defense of the Supervisors. District Manager Teague stated that there was a recent update of $80,589.41 paid with $19,410.59 remaining.
C. Supervisor Elections Qualifying
Supervisor qualifying information is in the packet, which is included for those who are up for election. It details the qualifying period, the County contact, and a list of the likely needed documents. Seat 1, Gordon Feaster, and Seat 2, Alan Glidden, are up for election in November. It was confirmed that the number of registered voters has been adjusted down due to the contraction of the District when the Vue left.
EIGHTH ORDER OF BUSINESS Financial Reports
A. January and February 2024
On MOTION by Supervisor Anastasio, seconded by Vice Chair O’Malley, with all in favor, the Board accepted the January and February 2024 Financials, as submitted.
B. FY 2023 Financial Audit
The Audit indicates a net change in the fund balance, noting that there was $110,746 put aside for the Gray Robinson issue. The Audit also notes that the fund balance is $88,701, as of the end of September 2023. The Audit findings still cite the District’s failure to pay debt service from Fiscal Year 2019-2020.
On MOTION by Vice Chair O’Malley, seconded by Supervisor Feaster, with 4 in favor, and Chair Dwyer opposed, the Board approved the Fiscal Year 2023 financial Audit, with the Chair authorized to sign the AFR.
NINTH ORDER OF BUSINESS Engineer
There was no report from Engineer Dausch.
TENTH ORDER OF BUSINESS Attorney
A. US Bank Lawsuit
Attorney Molloy presented the update and stated that the District is still in mediation. The continuance date was rescheduled and will reconvene on April 17th. At this meeting, they will reach a final settlement decision or, if not, the case will go back to Federal court.
ELEVENTH ORDER OF BUSINESS Supervisor Requests and/or Comments
Vice Chair O’Malley asked for clarification on the amount that will be credited against prior landscaping payments in the Belleair island median. He asked if there will be a dollar-for-dollar credit, because he does not believe they are maintaining it. District Manager Teague stated that it will not, because they are still spraying weeds, despite the fact that it has no plants, and that the contract states that they are to care for other areas in the community. Chair Dwyer stated that Harbourside is maintaining both sides of the road, and the District’s only landscaping responsibility is the median.
Supervisor Feaster asked if there are online courses for the yearly training that Supervisors are required to complete, and District Manager Teague stated that there are several options, including those that are online. He also stated that some have no charge and others have a charge. Client Services Manager Dudak has information on those that are available. District Manager Teague stated that if Supervisor Feaster is asked to pay, he can send the bill to PDM.
Chair Dwyer noted that there are issues with debris in the storm drains. He stated that they need a proposal from Florida Jet Clean for cleaning out everything from the retention pond drains, and the Grand Bellagio and the Grand Venezia will split costs. Supervisor Glidden asked how much that would cost. District Manager Teague stated that $350 an hour is the amount usually charged in other communities. Chair Dwyer stated that, in the past, it cost $3,500 to clean 15 lines.
TWELFTH ORDER OF BUSINESS Audience Comments
There were no Audience comments.
THIRTEENTH ORDER OF BUSINESS Adjournment
The meeting was adjourned by Chair Dwyer at 6:22 p.m.