Meeting Minutes for July 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, July 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
Alan Glidden – Assistant Secretary
Anthony Anastasio- Assistant Secretary
Attending remotely:
Paul Gordon Feaster – Assistant Secretary
Arriving later remotely:
Patrick O’Malley – Vice Chair
Also present were:
Cal Teague – District Manager, Premier District Management (PDM)
Bruce Barnes
Attending remotely:
Dan Molloy – Attorney, Molloy and James
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. Three Board members were present, and Supervisor Feaster attended remotely. Vice Chair O’Malley joined the meeting remotely at 5:32 p.m. Also in attendance were Cal Teague, the District Manager, Christopher Dausch, the Engineer, and Bruce Barnes. Attending remotely were Dan Molloy, the Attorney, and Christopher Dudak, the Client Services Manager.
On MOTION by Supervisor Anastasio, seconded by Supervisor Glidden, with all in favor, the Board approved Vice Chair O’Malley and Supervisor Feaster’s attendance remotely.
TENTH ORDER OF BUSINESS Engineer
A. Stormwater Pond Cleaning Update
Chair Dwyer amended the Agenda to allow Engineer Dausch to present an update on flooding in the community, moving 10A to the beginning of the meeting.
Engineer Dausch explained that a Jet Clean proposal for Pond 2, which is the stormwater pond shared by the Bellagio and Grand Venezia, was provided, but a separate proposal was sourced and signed by the Bellagio from a company with the name of Shenandoah. The work did not start until the rainy season, and it is proceeding slowly. Once the work is complete, the cost will be split between the two communities.
SECOND ORDER OF BUSINESS Approval of the Agenda
An amended Agenda was presented to:
- Add 8D Hurricane Preparedness Memo
- Move 10A to the beginning of the meeting
On MOTION by Chair Dwyer, seconded by Supervisor Anastasio, with all in favor, the Agenda was approved, as amended.
THIRD ORDER OF BUSINESS Audience Comments on Agenda Items
There were no Audience comments.
FOURTH ORDER OF BUSINESS Fiscal Year 2024-2025 Budget and Ou0026M Special Assessment Public Hearings
A. Consideration of Final Budget
Chair Dwyer opened the Public Budget Hearing at 5:41 p.m.
There was no Public comment.
Chair Dwyer closed the Public Budget Hearing at 5:45 p.m.
District Manager Teague stated that the legal services line items had $174,000 allocated to Fiscal Year 2025, with additionally $29,000 added in this Budget, which is in addition to what remains in the fund balance.
The Board asked how the District could raise more money, if needed, and District Manager Teague stated that the District could direct bill an assessment on the residents, which would not go through the tax collector. If the District does not direct bill an assessment on the residents, the District could take out a loan.
B. Resolution 2024-05: Adopt FY 2024-2025 Budget Appropriation
Supervisor Glidden asked if $230,000 will cover the District legal services for the year. District Manager Teague noted, and Attorney Molloy concurred, that the District cannot raise its assessment after it adopted the Proposed Budget in May, so any shortfall would need to be funded in the future. The Board approved this resolution.
On MOTION by Vice Chair O’Malley, seconded by Supervisor Feaster, with all in favor, the Board approved Resolution 2024-05, adopting the Fiscal Year 2024-2025 Budget.
C. Consideration of Assessment Rates
Chair Dwyer opened the assessment of the Budget cycle Public Hearing at 5:48 p.m.
There was no Public comment.
Chair Dwyer closed the assessment of the Budget cycle Public Hearing at 5:51 p.m.
D. Resolution 2024-06: Approve FY 2024-2025 Assessments Levy
District Manager Teague noted that the assessment is the same next year, and this is the third year with a zero debt assessment. The Board approved this resolution.
Supervisor Glidden asked Attorney Molloy if the District should keep the zero debt assessment. Attorney Molloy stated that this is correct, noting that the District cannot increase assessments at this time of the Budget cycle.
On MOTION by Vice Chair O’Malley, seconded by Supervisor Anastasio, with all in favor, the Board approved Resolution 2024-06, approving the Fiscal Year 2024-2025 assessments levy.
FIFTH ORDER OF BUSINESS Approval of Meeting Minutes
Supervisor Feaster left the meeting at 5:51 p.m.
A. Draft Regular Meeting Minutes for May 23, 2024
On MOTION by Vice Chair O’Malley, seconded by Supervisor Glidden, with all in favor, the Board approved the Draft Regular Meeting Minutes from May 23, 2024, as presented.
SIXTH ORDER OF BUSINESS Old Business
A. Update on Belleair Road Landscaping
i. Proposal(s) for Belleair Road Median
Two proposals were included in the packet:
- Land Lords Lawn quoted $1,990 for tan river rock.
- Red Tree quoted $3,800 for Cedar Bark Rock.
Both proposals cover removal of plants, grading soil, capping off irrigation heads, commercial landscape fabric, and hauling.
A third proposal was in the handouts:
- Land Lords Lawn quoted $4,320 for Cedar Bark Rock.
Supervisor Feaster rejoined the meeting at 5:53 p.m.
Land Lords Lawn monthly maintenance will be reduced by $100 a month to $413. They noted that there still remain other areas of maintenance outside of the gate, as well as the need to collect garbage that blows onto the island.
The Board accepted the Red Tree proposal for $3,800. Supervisor Anastasio will ask Red Tree for a quote on maintenance services for the areas outside the gate after the island maintenance ends.
District Manager Teague noted that cost sharing with the Vue has not yet commenced, because staff has been trying to enlist someone to provide a counter executed agreement from them. Chair Dwyer stated that he has one, and he asked to be reminded to provide staff with the executed Vue maintenance agreement.
On MOTION by Chair Dwyer, seconded by Supervisor Anastasio, with all in favor, the Board approved Red Tree to install Cedar Bark Rock in the Belleair Road median, not to exceed $3,800.
SEVENTH ORDER OF BUSINESS New Business
There was no New Business.
EIGHTH ORDER OF BUSINESS District Manager
A. Update on Insurance Reimbursements
District Manager Teague noted that the District has spent approximately $99,500 as of now, and approximately $85,500 has been reimbursed.
B. District Goals, Objectives, and Measures Annual Reporting
District Manager Teague stated that this is a new requirement for special districts. PDM’s approach is to put forward the simplest plan and most basic requirements until such time as the legislature expands upon needs and expectations. This will be placed on the website before October 1, 2024, and the first report will be due December 1, 2025. This was approved for adoption and posting on the District’s website.
On MOTION by Supervisor Glidden, seconded by Supervisor Anastasio, with all in favor, the Board adopted the report for the District’s goals, objectives and measures, and authorized its placement on the District’s website.
C. Fiscal Year 2025 Proposed Meeting Schedule; Resolution 2024-07 to Adopt It
The Fiscal Year 2025 meeting schedule is as follows; meeting on the fourth Thursday every other month, except as noted below:
- Thursday, November 21, 2024 (3rd Thursday)
- Thursday, January 23, 2025
- Thursday, March 27, 2025
- Thursday, May 22, 2025
- Thursday, July 24, 2025
- Thursday, September 25, 2025
This schedule was approved in Resolution 2024-07 by the Board, and the meeting schedule will be advertised and sent to the City and County.
On MOTION by Supervisor Glidden, seconded by Supervisor Anastasio, with all in favor, the Board approved Resolution 2024-07, the Fiscal Year 2025 meeting schedule.
D. Hurricane Preparedness Memo
A handout included a memo which summarized three general options for responding to the next hurricane, when public assistance is requested from FEMA. Of note, FEMA has become extremely stringent in public assistance to CDDs, and staff believes that it is not likely that Clearwater Cay CDD will receive future public assistance. The Board did not select an option.
NINTH ORDER OF BUSINESS Financial Reports
A. May and June 2024
District Manager Teague stated that the balance is currently $215,000, and the interest accrued is $6,200. The District is already 100% collected.
On MOTION by Supervisor Glidden, seconded by Supervisor Feaster, with all in favor, the Board accepted the May and June 2024 Financials, as submitted.
* Tenth Order of Business was moved to the beginning of the meeting.
ELEVENTH ORDER OF BUSINESS Attorney
A. US Bank Lawsuit
Attorney Molloy presented an update on the two open cases, the State case of the Grand Venezia v. the District, and the Federal case of US Bank v. the District.
He stated that Grand Venezia has filed a motion to accept the current assessment schedule. No hearing has been set, but it may be scheduled in the next 3 to 4 months.
He also stated that the Federal case was reopened after the failure of the mediation. The Trustee’s attorneys filed a motion to enjoin the District from joining the motion made in the State case.
Attorney Molloy suggested a need to schedule a shade meeting. The Board should consider if they want to join in State action if Attorney Scott recommends it. Chair Dwyer stated that he will schedule the shade meeting based on Attorney Scott’s availability.
Chair Dwyer stated he is confident with the ability of Attorney Scott, and Attorney Molloy concurred.
Regarding the Raiti Slip and Fall via Morgan and Morgan, the plaintiff is willing to settle. Attorney Scott would like to counter, which Chair Dwyer has approved.
i. Dale Scott Attorney Engagement Letter Addendum
Attorney Scott was not present, but his addendum to add representation for the State action was approved by the Board.
On MOTION by Chair Dwyer, seconded by Supervisor Anastasio, with all in favor, the Board ratified the addendum to Attorney Dale Scott’s engagement letter.
TWELFTH ORDER OF BUSINESS Supervisor Requests and/or Comments
There were no Supervisor requests or comments.
THIRTEENTH ORDER OF BUSINESS Audience Comments
Bruce Barnes and Chair Dwyer noted that representatives from US Bank and Invesco have never been present at District Budget meetings, despite being properly notified.
FOURTEENTH ORDER OF BUSINESS Adjournment
The meeting was adjourned by Chair Dwyer at 6:20 p.m.