Meeting Minutes for January 25, 2024
Clearwater Cay Community Development District
The meeting of the Board of Supervisors of the Clearwater Cay Community Development District was held on Thursday, January 25, 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
Also present were:
Christopher Dudak – Client Services Manager, Premier District Management (PDM)
Dan Tsinokas – Resident
Attending remotely:
Cal Teague – District 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. Also in attendance were Christopher Dudak, the Client Services Manager, and Resident Dan Tsinokas. Attending remotely was Cal Teague, the District 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 November 16, 2023
On MOTION by Supervisor Glidden, seconded by Supervisor Anastasio, with all in favor, the Board approved the Draft Regular Meeting Minutes from November 16, 2023, as presented.
FIFTH ORDER OF BUSINESS Old Business
A. Update on Belleair Road Street Lights and Landscaping
Chair Dwyer stated that the lights have been repaired, and that Coleen Verdon, manager of the Grand Venezia, was delegated to obtain a quote from the landscapers to replace the landscaping along Belleair Road.
SIXTH ORDER OF BUSINESS New Business
A. Fiscal Year 2025 Budget Schedule
The proposed Fiscal Year 2025 Budget schedule was in the packet. May 23, 2024 is the date for the Board to adopt the Proposed Budget, and July 25, 2024 is the date for Budget Public Hearing and adoption of the annual Budget.
B. Barnes Attorney Confirmation Letter
The confirmation letter from Bruce Barnes was in the packet, and it was included for the Board to memorialize that Bruce Barnes is working for the District in the US Bank case and to state his hourly rate. His appointment had been previously approved by the Motion in the May 25, 2023 meeting. The Board approved this confirmation letter.
On MOTION by Supervisor Glidden, seconded by Supervisor Anastasio, with all in favor, the Board accepted the confirmation letter from Bruce Barnes, stating that he is working for the District in the US Bank case, and stating his hourly rate.
C. Resolution 2024-03: County-run Elections
Client Services Manager Dudak explained that this resolution is executed every election year, signifying which seats are up for election, and asking the Pinellas County Supervisor of Elections to administer the election for the District. The Resolution also notes that Seat 1 and Seat 2 are up for election in November 2024. The Board approved this resolution.
On MOTION by Supervisor Glidden, seconded by Supervisor Anastasio, with all in favor, the Board approved Resolution 2024-03 authorizing the Pinellas County Supervisor of Elections to administer the election for the District.
SEVENTH ORDER OF BUSINESS District Manager
A. Annual Ethics Training
Included in the packet was a memo listing websites, which will provide the annual 4 hours of ethics training, which is now required. It also noted that Supervisors will get an email from the State ethics department with a link to file their annual Form 1 electronically, going forward. In addition, the memo included a statement from a district attorney clarifying that CDD Board members need file only the Form 1 and not the Form 6.
B. FY 2023 Audit Scope Letter
District Manager Teague stated that the Fiscal Year 2023 Audit Scope letter indicates that the audit is underway. Chair Dwyer asked if the audit scope will be the same as in previous years, and District Manager Teague stated that it will.
C. Update on Insurance Reimbursements
District Manager Teague explained that this refers to the expenses that have been submitted, which include the representation of the District and the representation of the 3 Supervisors who are being sued. Corvel had previously stated that there is a $100,000 benefit cap for the expense of defending the District, including the Supervisors, but Corvel has now stated that the defense of the Supervisors individually is not covered in this $100,000. When pressed by District Manager Teague, Corvel stated that they cannot provide the amount spent to defend the Supervisors, except directly to the Supervisors themselves. District Manager Teague was asked to provide contact information to Vice Chair O’Malley, so that he can speak with Corvel about the amount spent or any caps on their coverage. District Manager Teague stated that Client Services Manager Dudak will provide contact information after the meeting.
District Manager Teague noted that there is approximately $24,000 remaining from the $100,000 for the defense of the District, given the amounts submitted and processed so far.
EIGHTH ORDER OF BUSINESS Financial Reports
A. November & December 2023
On MOTION by Supervisor Glidden, seconded by Vice Chair O’Malley, with all in favor, the Board accepted the November and December 2023 Financials, as submitted.
Supervisor Glidden stated that he believes that a Supervisor should not be paid for the time relating to the US Bank lawsuit, unless they are required to be present for a deposition, by subpoena, or by appointment to represent the Board, as Chair Dwyer was. He believes that, if a Supervisor chooses to attend a court session for informational purposes, this should not be an expense to the District.
Vice Chair O’Malley disagreed and stated that each Supervisor accused in this lawsuit should have a right to attend, or to gather information to defend themselves and the District, or as a Board member.
After much discussion, a motion was made to prohibit payment to Supervisors unless they are required to be present in matters related to the US Bank lawsuit. There being no majority, the motion failed.
On MOTION by Supervisor Glidden, seconded by Supervisor Anastasio, with 2 in favor, and Chair Dwyer and Vice Chair O’Malley opposed, it was moved to prohibit payment to Supervisors, unless they are required to be present in matters related to the US Bank lawsuit. MOTION FAILED.
NINTH ORDER OF BUSINESS Engineer
Chair Dwyer asked if there is a requirement for the Engineer to conduct an annual inspection to meet the SWFWMD permit requirements. District Manager Teague stated that he believes that there is not, but staff will investigate, and Chair Dwyer will reach out to Engineer Dausch for confirmation.
TENTH ORDER OF BUSINESS Attorney
A. US Bank Lawsuit
Chair Dwyer stated that the next mediation session is scheduled for February 7, 2024, and if they do not reach an agreement, then the case will be referred by the mediator back to the Federal court.
ELEVENTH ORDER OF BUSINESS Supervisor Requests and/or Comments
There were no Supervisors comments.
TWELFTH ORDER OF BUSINESS Audience Comments
Dan Tsinokas stated that this is a stressful time for the Board, and he encouraged everyone to try to calmly persevere.
THIRTEENTH ORDER OF BUSINESS Adjournment
The meeting was adjourned by Chair Dwyer at 5:54 p.m.