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Draft Meeting Minutes for November 21, 2024

Clearwater Cay Community Development District

The meeting of the Board of Supervisors of the Clearwater Cay Community Development District was held on Thursday, November 21, 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
Lisa Donini – Assistant Secretary

Also present were:

Cal Teague – District Manager, Premier District Management (PDM)
Dan Molloy – Attorney, Molloy and James
Christopher Dausch – Engineer, The Dausch Group, Inc.
Residents

FIRST ORDER OF BUSINESS Call to Order and Roll Call

The meeting was called to order and Chair Dwyer called the roll. All Board members were present. Also in attendance were Cal Teague, the District Manager, Dan Molloy, the Attorney, Christopher Dausch, the Engineer, and Several Residents.

SECOND ORDER OF BUSINESS Oaths of Office Alan Glidden

District Manager Teague noted that Alan Glidden signed the Oaths of Office outside of the meeting. The Board decided the new Supervisor terms did not require oaths to be read aloud.

THIRD ORDER OF BUSINESS Oaths of Office Lisa Donini

Lisa Donini signed the Oaths of Office outside the meeting.

FOURTH ORDER OF BUSINESS Resolution 2025-01: Board Reorganization

Consideration of reorganization is required after election or appointment. Chair Dwyer desired to maintain his position as Chair, and the Board did not challenge this. Supervisor Glidden expressed his interest in the Vice Chair position. The Board approved this unanimously without a motion. District Manager Teague asked to add Assistant District Manager Rainwater and Client Services Manager Dudak as Assistant Secretaries, giving them the ability to sign certain documents in his absence.

On MOTION by Supervisor Glidden, seconded by Supervisor Anastasio, with all in favor, the Board approved Resolution 2025-01, retaining Don Dwyer as Chair, appointing Alan Glidden as Vice Chair, with the remainder of the Board as Assistant Secretaries, retaining Cal Teague as Secretary and Treasurer, and Jennifer Miller as Assistant Treasurer, and adding Mandie Rainwater and Christopher Dudak as Assistant Secretaries.

FIFTH ORDER OF BUSINESS Approval of the Agenda

Without a motion, but with all in favor, the Agenda was approved, as presented.

SIXTH ORDER OF BUSINESS Audience Comments on Agenda Items

There were no Audience comments.

SEVENTH ORDER OF BUSINESS Engineer

A. Stormwater Pond Cleaning Update

The report from Engineer Dausch was emailed to the Board a few months ago. Engineer Dausch reviewed the clean-out of Pond 2, and noted that the contract was sourced by the GVCOA, and the cost is to be split between Grand Venezia and Grand Bellagio.  Early this year, Engineer Dausch obtained an estimate to clean Pond 2 on the Bellagio property, and the Bellagio obtained an estimate. They approved the Bellagio estimate.

The contractor, Shenandoah, started the work, but could not complete it, because the area was too wet. Engineer Dausch noted that they cleaned the brush along the wall, removed some trash, cleaned out the under drain, but did not clean out the pond bottom. Engineer Dausch approved the work that they had completed up to this point. Shenandoah will be coming back to clean out the pond bottom when the water levels recede.

Chair Dwyer noted that the District has had flooding in some streets from the rain and hurricanes, but, overall, they drain more quickly than they have previously because of District maintenance. In the future, if the drainage is slow, Engineer Dausch will present other remediation options.  He noted that every year and a half, they jet clean all inlets and pipes all the way to Pond 2. It was recommended that, if we know a storm is coming, someone should check the skimmer to remove branches and other debris. Randy in the Grand Venezia maintenance department, Dan Tsinokas, the Grand Venezia President, or Monica Carrera, the Grand Bellagio General Manager can be asked to do this.

B. SWFWMD Notice of Every 18 Month Inspection

Engineer Dausch completed and filed this report on November 21, 2024, which was due December 15, 2024. He asked Randy at the Grand Venezia maintenance department to address some minor work items.

Attorney Molloy asked Engineer Dausch if the Department of Environmental Protection will adopt stormwater quality standards for new development, and Engineer Dausch noted that this will be the case for redevelopment only.

District Manager Teague asked if BMAP, which is a program requiring reductions in nutrient loads in waterways, will affect the District, and Engineer Dausch was not aware of such likelihood.

EIGHTH ORDER OF BUSINESS Approval of Meeting Minutes

A. Draft Regular Meeting Minutes for July 25, 2024

On MOTION by Vice Chair Glidden, seconded by Supervisor Anastasio, with all in favor, the Board approved the Draft Regular Meeting Minutes from July 25, 2024, as presented.

B. Draft Special Meeting Minutes for August 27, 2024

Staff has received the transcript from the shade meeting, and it has been stored as confidential until the lawsuits are resolved.

On MOTION by Vice Chair Glidden, seconded by Supervisor Anastasio, with all in favor, the Board approved the Draft Special Meeting Minutes from August 27, 2024, as presented.

NINTH ORDER OF BUSINESS Old Business

A. Update on Belleair Road Landscaping

Landlord’s Lawn & Landscaping contract was terminated on September 30, 2024 per the request of Chair Dwyer, and the final invoice was paid. Red Tree invoiced for their median work to install stones and weed matting, and it was paid in August. Supervisor Anastasio was tasked at the July 2024 meeting to ask Red Tree for a maintenance proposal for all work outside the gate. Currently, there is no landscape maintenance contract for this area.

Supervisor Anastasio asked who has the responsibility for the grass, sidewalks, and palm trees along Belleair Road. Chair Dwyer stated that the Bellagio has the right of way on the north side of Belleair Road out to US-19, and the Harbourside Grande Crossings Office Building has the responsibility for the south side of Belleair Road out to US-19.  The District has the responsibility for the median only.

B. Ratification Resolution 2024-05

This year the District was switched to budgeting collections on net instead of gross, to account for discounts.  The Budget resolution cited the net amount and should have cited the gross amount, and the correction is gross $228,178.91, and net is $214,488.  This was ratified by the Board.

On MOTION by Vice Chair Glidden, seconded by Supervisor Anastasio, with all in favor, the Board ratified Resolution 2024-05, correcting budgeting collections to gross as $228,178.91, and net as $214,488.

C. Ratification Resolution 2024-08

The Board approved the Goals, Objectives and Measures document at the last regular meeting, but staff believed a resolution was a better memorialization. This was ratified by the Board.

On MOTION by Vice Chair Glidden, seconded by Supervisor Anastasio, with all in favor, the Board ratified Resolution 2024-08, approving the Goals, Objectives and Measures document.

Supervisor O’Malley asked if the District has collected Bellagio funds. Chair Dwyer stated that the Grand Venezia and Grand Bellagio have a 50/50 split, and the District is not paying for anything except for Engineer Dausch’s time. The Grand Venezia and Grand Bellagio have agreed not to submit payments until all work is complete and signed off by Engineer Dausch.

District Manager Teague mentioned a prior year stormwater project that was to be split between the District and the Bellagio, which the Bellagio had been invoiced for, but they never paid their half. The Board asked him to send a letter with another copy of the invoice asking for the status.

TENTH ORDER OF BUSINESS New Business

A. Notice of Dale Scott Leaving Roper Towsend Sutphen – Need for Election of Ongoing
Representation

There was the need for the “Election of Ongoing Representation”, which is two letters stating the Board’s decision for retaining Dale Scott at his new firm as the District’s counsel for the federal court US Bank case, the state court GVCOA case, and for the Michael Raiti case.

The letter authorizing Attorney Scott to continue to represent Chair Dwyer and the District in the US Bank and GVCOA cases was signed before the meeting by Chair Dwyer due to exigent court appearance needs. Attorney Molloy clarified that Chair Dwyer’s signature of the letter applied only to Attorney Scott’s ongoing representation of the District and Chair Dwyer. The remainder of the Board members named in the lawsuit can choose if they would like to remain with Roper Townsend Sutphen or retain Attorney Scott at his new firm.

The Board ratified this letter and approved Attorney Scott to continue representing the District in the Raiti case, as well.

On MOTION by Vice Chair Glidden, seconded by Supervisor O’Malley, with all in favor, the Board approved retaining Dale Scott as the District’s counsel for the US Bank case, the GVCOA case, and for the Michael Raiti case at his new firm.

ELEVENTH ORDER OF BUSINESS District Manager

A. FY 2024 Audit Engagement Letter

District Manager Teague noted that the Berger Toombs audit for Fiscal Year 2024 will cost no more than $6,100. Last year it was $5,925. The Chair was authorized to sign the engagement letter.

On MOTION by Vice Chair Glidden, seconded by Supervisor Anastasio, with all in favor, the Board approved Berger Toombs audit fee for Fiscal Year 2024, not to exceed $6,100, with the Chair authorized to sign.

B. Final Reminder: 4 Hour Ethics Training Deadline December 31, 2024

District Manager Teague reminded the Board that this training is due by the end of the year.  In January, they will all be required to take another 4 hours of ethics training, because this is an annual requirement.

TWELFTH ORDER OF BUSINESS Financial Reports

A. July, August, September, and October 2024

On MOTION by Vice Chair Glidden, seconded by Supervisor Anastasio, with all in favor, the Board approved the July, August, September, and October 2024 Financial Reports, as submitted.

THIRTEENTH ORDER OF BUSINESS Attorney

A. US Bank Lawsuit

Attorney Molloy explained that the US Bank federal case is closed administratively at least until the state court GVCOA case is resolved.

B. Grand Venezia Lawsuit

After conferring with Attorney Scott, he advised the District to consider filing a similar motion that the GVCOA filed in State court, asking the State to approve the zero assessment. The Board approved Attorney Scott to proceed with any actions agreed upon by Attorney Molloy and Chair Dwyer.

On MOTION by Vice Chair Glidden, seconded by Supervisor O’Malley, with all in favor, the Board approved filing a motion, asking the State to approve zero assessment in the Grand Venezia lawsuit.

C. Anti Human Trafficking Affidavit on All Government Contracts

This was not addressed.

FOURTEENTH ORDER OF BUSINESS Supervisor Requests and/or Comments

Chair Dwyer asked if the Board was interested in building a foot bridge between the Grand Venezia and the Grand Bellagio. Engineer Dausch will be asked to obtain quotes, only for informational purposes at this point, with the District covering the full cost.

Supervisor Donini asked about the responsibility for the entrance gate. Chair Dwyer and Attorney Molloy explained that, although Belleair Road and the roadways inside the gates are owned by the District, the gate is owned by the Bellagio.  Furthermore, due to a 99-year lease, all maintenance to District property is managed by and paid for by the Grand Venezia, although the District retains the responsibility to address any mismanagement of its properties, should any occur.

Vice Chair Glidden motioned to disallow Supervisors to be paid hourly with regard to work on the court cases, with the exception of payment for subpoenaed depositions and appearances and travel reimbursement. The Board discussed this at length. The motion failed.

On MOTION by Vice Chair Glidden, seconded by Supervisor Anastasio, with Vice Chair Glidden in favor, and 4 opposed, the Board voted to disallow Supervisors to be paid hourly with regard to work on the court cases, with the exception of payment for subpoenaed depositions and appearances and travel reimbursement. Motion failed.

FIFTEENTH ORDER OF BUSINESS Audience Comments

There were no Audience comments.

SIXTEENTH ORDER OF BUSINESS Adjournment

The meeting was adjourned by Chair Dwyer at approximately 6:30 p.m.

The Next Regular Meeting is January 23, 2024 at 5:30 p.m.

Secretary/Assistant Secretary
Chair/Vice Chair