Clearwater Cay Community Development District

The meeting of the Board of Supervisors of the Clearwater Cay Community Development District was held on Thursday, March 27, 2025 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
Lisa Donini – Assistant Secretary

Attending remotely:

Patrick O’Malley – Vice Chair

Also present were:

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

Attending remotely:

Christopher Dudak – Client Services Manger, PDM

The meeting was called to order at 5:32 p.m., and Chair Don Dwyer called the roll. Four Board members were present, and Vice Chair O’Malley attended remotely. Also in attendance were Cal Teague, the District Manager, Dan Molloy, the Attorney, Chris Dausch, the Engineer, and Resident Dan Tsinkoas. Attending remotely was Christopher Dudak, the Client Services Manager.

There were no Audience comments.

A. Draft Regular Meeting Minutes for January 23, 2025

A. Stormwater Pond Cleaning Update

Engineer Dausch reported that he called Monica Carrera, the manager at Bellagio, and she stated that they expect to hear from Shenandoah Pipe Inspection & Restoration tomorrow, March 28th, on when the remaining work will be scheduled. She stated that she will update him.

At the January meeting, Attorney Molloy was asked to send a letter to Bellagio informing them that, if they do not finish the Pond 2 cleaning before the rainy season, and if there is any damage from flooding, the District will hold them liable. Chair Dwyer reminded Attorney Molloy to send the letter.

B. Quote for Foot Bridge between the GV and GB

Chair Dwyer stated that he received a quote but will not present it, because it is not what he expected.

C. Status of Seawall Repairs

At the last meeting, Engineer Dausch was asked to certify that all repairs were completed properly. He surveyed the areas before the meeting, and he noted that some holes remained. From the pond to the Point there are six holes. Chair Dwyer will contact Randy at the Grand Venezia and ask him to fill them in.

D. Senate Bill 7040: Changes to Stormwater Inspection and Reporting Requirements

Included in the packet is the text of the bill. Engineer Dausch noted that this bill does not affect the District. Attorney Molloy stated that it will only affect new permitted facilities, and the current permits are grandfathered in.

Chair Dwyer reported that there was a complaint from a resident about the free standing Building 9 garages. It was stated that they flood during heavy rain events and when the area is also at high tide. Engineer Dausch stated that it is a known problem, and it occurs because of the ground level elevation in those areas. Chair Dwyer suggested sending a letter to the Bellagio and Grand Venezia managers and aske them to notify those who use or rent the garages that they should elevate their personal belongings in the garage at least two feet off the floor.

A. Update on Belleair Road

i. Light Pole Removal

Supervisor Glidden reported that the the lamp post was removed, which included capping off the electrical. Staff purchased decorative boulders at the request of Supervisor Anastasio, who installed it over the void of the removed pole.

ii. Decorative Rocks Installation

It was reported that three decorative rocks were purchased by PDM at the direction of Supervisor Anastasio and were installed in various locations near Belleair Road.

iii. Palm Tree Installation on Median

Supervisor Anastasio has been sourcing this proposal, and he stated that it is not needed. This will be removed from the Agenda.

A. Belleair Road Patch and Repaving Proposals

Supervisor Anastasio sourced two proposals from DG Pavement for the repair of the roadway surface on Belleair Road. Option #1 is for the repair of 18 areas with saw cutting and/or milling at the cost of $14,015, and $6,814 for cleaning, restriping, and 10 delineators. Option #2 is for complete milling, overlay, striping, and 10 delineators at the cost of $75,537.

District Manager Teague noted that there is $81,000 in the capital improvements fund held by US Bank. Research indicated that the original bond description might allow that money to be used on current roadway improvements. After discussion, the Board made a motion to request the proper funds from the Trustee, US Bank.

Chair Dwyer noted that the Vue has a cost sharing agreement stipulation on proposals over $10k, requiring that they are provided with the proposal before work is authorized. Staff was directed to determine how the costs break down between the District, the Grand Venezia, the Bellagio, the small office building, the Harbourside, and the Vue, and to notify everyone with a letter from Attorney Molloy. This was discussed further at the end of meeting.

Engineer Dausch left the meeting at 5:54 p.m.

A. Draft of Proposed FY 2026 Budget

District Manager Teague presented the preliminary Budget. He stated that the Fiscal Year 2026 line items include legal services at $25,312, litigation expense at $146,269, and Supervisor payments for lawsuit and ethics training at $10,014. He suggested that the District carry forward $15,000 of the fund balance.  He stated that this Budget has no increase in assessments.

The Board discussed the 2025 actuals for litigation expenses and expressed concerns about there being enough for litigation expenses next year. District Manager Teague noted that, if the budgeted amount for Fiscal Year 2026 is used up before year’s end, there could be ~$93,000 to pull from the fund balance. Another option is that the District could complete a direct assessment based on what is needed.  The Board asked about a loan, but District Manager Teague stated that this is less advisable, because it creates a debt obligation on the community, and the District might not qualify because of the lawsuits.

District Manager Teague stated that at the May meeting, the Board must adopt a Proposed Budget with assessment amounts, which cannot be raised later, and set the Public Hearing date by resolution. The Board members were asked to send any Budget needs to District Manager Teague well before the next meeting. Staff will highlight the suggested changes received before the next meeting and also forward the Proposed Budget to the Board before the next meeting, so that no sizeable changes are proposed at the meeting.

Attorney Molloy presented an update on the lawsuits ahead of the Attorney item on the Agenda, when it was asked if the Proposed Budget amount will be enough for next year. Attorney Molloy noted that the status is relatively calm in the State lawsuit. Chair Dwyer stated that he believes the Federal case will be fully dismissed, if the Grand Venezia prevails in the State case. There could be an appeal in the future, after the decision on the State’s case. However, District Manager Teague noted that the Budget is a guess, and he cannot predict the litigation costs.

B. Cost Share Invoices Sent to Vue Owners

On January 30, 2025, staff mailed back invoices showing the Vue owners 20% cost share totaling $2,748.38 for Belleair Roadway work. No response has been received by PDM. Chair Dwyer suggested sending another letter in 30 days.

Also, as of last month, Scott Clark acknowledged that he does in fact have the unexecuted cost sharing agreement, which was signed by Ellie Reader, but not by the District. That signature page is with District Manager Teague, and once signed, will be sent to Scott Clark for recording.

A. January and February 2025

A. Grand Venezia Lawsuit

This was discussed earlier in the meeting.

B. JLAC Notice of Repeat Audit Findings and Request to Correct

Staff received a letter from the Joint Legislative Auditing Committee (JLAC) indicating that the District has failed to correct audit findings that had been reported in the last three financial audit reports. The letter requested an updated status on attempts to address all audit findings listed in the past three audit reports. The written response is due by April 18, 2025 and will be written and submitted by Attorney Molloy. He will send staff a copy of the letter, which will be kept with District records.

There were no Supervisor requests or comments.

Dan Tsinokas asked about the process for the requisition of bond funds for the roadway improvements. Attorney Molloy explained in response about the requisition for bond funds access, with Engineer Dausch needing to pre-certify work as legitimate. The Board wondered if a letter to Trustee US Bank could go out by March 31^st, but District Manager Teague stated that he did not believe it was possible to coordinate everyone needed to draft the letter in such a short period of time. This aspirational deadline was dropped.

The meeting was adjourned by Chair Dwyer at 6:18 p.m.

The Next Regular Meeting is May 22, 2025 at 5:30 p.m.