Meeting Minutes for July 28, 2022
Clearwater Cay Community Development District
The meeting of the Board of Supervisors of the Clearwater Cay Community Development District was held on Thursday, July 28, 2022 at 5:30 p.m. at the Grand Venezia Baywatch Clubhouse at 2704 Via Murano in Clearwater, Florida 33764 and via web conference.
Present and constituting a quorum were:
Don Dwyer – Chair
Patrick O’Malley – Vice Chair
Alan Glidden – Assistant Secretary
Also present (or attending via web conference) were:
Cal Teague – District Manager
Residents
FIRST ORDER OF BUSINESS Call to Order and Roll Call
The meeting was called to order and the Chair called the roll. All Board members were present, except Supervisor Whitehurst. Also in attendance were Cal Teague, the District Manager, and Some Residents.
SECOND ORDER OF BUSINESS Approval of the Agenda
On MOTION by Supervisor Glidden, seconded by Vice Chair O’Malley, with all in favor, the Board approved the Agenda, as submitted.
THIRD ORDER OF BUSINESS Audience Comments on Agenda Items
There were no Audience comments on the Agenda.
FOURTH ORDER OF BUSINESS Approval of Meeting Minutes
A. Draft Meeting Minutes for May 26, 2022
On MOTION by Supervisor Glidden, seconded by Vice Chair O’Malley, with all in favor, the Board approved the Draft Meeting Minutes for May 26, 2022.
FIFTH ORDER OF BUSINESS FY 2023 Budget Public Hearing
Chair Dwyer opened the Public Hearing at 5:35. He stated that he was recommending a Debt Service Workshop for August 11, 2022, and that the Public Hearing be continued to August 18, 2022.
Bruce Barnes commented that he advocates for the bond holders attending the workshop to discuss the pending lawsuit.
A. Adoption of FY 2023 Budget: Resolution 2022-05
Continued.
B. Approval of FY 2023 Assessment Levy: Resolution 2022-06
Continued.
SIXTH ORDER OF BUSINESS Old Business
A. Reassessment Discussion on Debt and O&M Fees
Continued.
SEVENTH ORDER OF BUSINESS New Business
A. Light at Building 6
The light is out and Supervisor Glidden estimated that the cost to repair it will be $1,500. The Board would like to have a proposal at the next meeting.
B. Mulch of Planted Areas
The Board would like to have this done before it is turned over to Grand Venezia.
On MOTION by Vice Chair O’Malley, seconded by Supervisor Glidden, with all in favor, the Board approved the mulching of planted areas at all 12 buildings, not to exceed $16,362.
C. Palm Tree Trimming
After discussion, the Board decided to have the palm trees trimmed and to include the oak tree at Building 3. Chair Dwyer and District Manager Teague will coordinate the trimming, ensuring that the vendor is E-Verified.
On MOTION by Supervisor Glidden, seconded by Vice Chair O’Malley, with all in favor, the Board approved the trimming of all of the District palm trees and the oak tree at Building 3, not to exceed $6,200.
EIGHTH ORDER OF BUSINESS District Manager
A. FY2021 Audit Review
District Manager Teague reviewed the Audit, and stated that it was clean except for debt service.
On MOTION by Vice Chair O’Malley, seconded by Supervisor Glidden, with all in favor, the Board accepted the Fiscal Year 2021 Audit, as submitted.
B. Resolution 2022-04 Meeting Schedule for FY 2023
The Board agreed to the 2023 meeting schedule, which will be every other month on the 4th Tuesday, beginning in November 2022, with the November meeting being adjusted for Thanksgiving.
On MOTION by Chair Dwyer, seconded by Supervisor Glidden, with all in favor, the Board approved the Fiscal Year 2023 meeting schedule, as submitted.
NINTH ORDER OF BUSINESS Financial Reports
A. May and June 2022
District Manager Teague reviewed the Financials, including the Balance Sheet, Assessments Collections, and the Cash and Investment Report.
On MOTION by Chair Dwyer, seconded by Supervisor Glidden, with all in favor, the Board accepted the May and June 2022 Financials, as submitted.
TENTH ORDER OF BUSINESS Engineer
A. Storm Water Needs Analysis Update
District Manager Teague reported that Engineer Dausch had completed the stormwater needs analysis and it had been submitted on time.
After the recent flooding, Engineer Dausch was asked to evaluate what could be done to avoid this in the future. He determined that the storm drains could be cleaned to hopefully prevent flooding. Because of an immediate need, Chair Dwyer authorized the cleaning, and it will be completed in the near future.
On MOTION by Supervisor Glidden, seconded by Vice Chair O’Malley, with all in favor, the Board ratified the cleaning of the storm drains, not to exceed $3,000.
ELEVENTH ORDER OF BUSINESS Attorney
A. Legal Proceeding Follow-up/Update
Chair Dwyer reviewed Attorney Molloy’s report on the recent scheduling conference with the courts, and Attorney Molloy had informed the court that the District is undertaking a new assessment methodology. The judge adjourned the meeting and another meeting was scheduled for August 16, 2022 to update the court on the reassessment process.
TWELFTH ORDER OF BUSINESS Supervisor Requests and/or Comments
Chair Dwyer consulted with Attorney Molloy and he agreed that it is reasonable and legal to pay all current and past supervisors $175 per hour for any court appearances. Supervisor Glidden felt that this would add too much to the District’s legal expenses.
On MOTION by Vice Chair O’Malley, seconded by Chair Dwyer, with 2 in favor, and Supervisor Glidden opposed, the Board agreed to compensate all past and current Supervisors $175 per hour for all court appearances.
The Board agreed to continue the assessment process for a Debt Service Workshop on August 11, 2022 at 5:30 p.m., and, if needed, to schedule a Continuation Meeting for the 2023 Budget to August 18, 2022 at 5:30 p.m.
On MOTION by Chair Dwyer, seconded by Vice Chair O’Malley, with all in favor, the Board approved a Continuation of this meeting for Debt Service for August 11, 2022, and, if needed, to schedule a Continuation Meeting for the 2023 Budget for August 18, 2022.
Chair Dwyer presented a letter from Attorney Scott Clarke requesting a $10,000 retainer for his work on the reassessment process.
On MOTION by Vice Chair O’Malley, seconded by Supervisor Glidden, with all in favor, the Board agreed to accept the proposal from Attorney Scott Clarke for a $10,000 retainer.
The Board agreed to retain the services of Owen Bietsch for work on the assessment methodology.
On MOTION by Chair Dwyer, seconded by Vice Chair O’Malley, with all in favor, the Board approved a $20,000 retainer for Owen Bietsch for his assistance in the preparation of an assessment methodology.
Supervisor Glidden felt that the new Board member should be added now before the seating of the new Board to ensure a quorum. There was no support for this, and the request was dropped.
TWELFTH ORDER OF BUSINESS Audience Comments
There were no Audience comments.
THIRTEENTH ORDER OF BUSINESS Adjournment
The meeting was continued by Chair Dwyer for a Debt Service Workshop on August 11, 2022.
CONTINUATION DEBT SERVICE WORKSHOP: August 11, 2022 at 5:30 PM
NEXT REGULAR MEETING: September 22, 2022 at 5:30 PM