Meeting Minutes for May 23, 2024
Clearwater Cay Community Development District
The meeting of the Board of Supervisors of the Clearwater Cay Community Development District was held on Thursday, May 23, 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:
Cal Teague – District Manager, Premier District Management (PDM)
Dan Molloy – Attorney, Molloy & James
Residents
Attending remotely:
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. Four Board members were present. Also in attendance were Cal Teague, the District Manager, Dan Molloy, the Attorney, and Several Residents. Attending remotely was Christopher Dudak, the Client Services 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 March 28, 2024
On MOTION by Supervisor Glidden, seconded by Supervisor Anastasio, with all in favor, the Board approved the Draft Regular Meeting Minutes from March 28, 2024, as presented.
FIFTH ORDER OF BUSINESS Old Business
A. Update on Belleair Road Lighting and Landscaping
It was reported that Aqua Pro was unsuccessful in turning on the water in the Belleair island. They believe it might be controlled on the Harbourside property, but when they attempted to inspect it, they were turned away by the Harbourside contractors.
Supervisor Glidden reported that the lighting issue is resolved. He stated that $5,000 was spent on replacing the two front entryway lights, but they do not emit much light. He suggested that, if they burn out again, they not be replaced, because there is enough light coming in from the street.
i. Proposal(s) for Belleair Road Median
Chair Dwyer stated that the water from the Harbourside property irrigates the island. After discussion, Supervisor Anastasio was placed in charge of installing rocks instead of new plants on the Belleair island, with a weed barrier, since the irrigation is not working and is not under the control of the District. This was approved by the Board.
Chair Dwyer reminded the Board that all maintenance is now managed through the Grand Venezia, with the exception of stormwater drainage, which will be overseen by Engineer Dausch.
On MOTION by Supervisor Anastasio, seconded by Vice Chair O’Malley, with all in favor, the Board approved the installation of rocks and a weed barrier on the Belleair island, authorizing oversight of the project to Supervisor Anastasio.
B. Letter to Harbourside Grande Crossings regarding Electrical Damage by Landscapers
A draft of this letter that was requested by the Board at the last meeting was in the packet. It was decided that Chair Dwyer will review it and respond to District Manager Teague, and indicate if he approves that it be sent to Mr. McComas at Harbourside. The letter is to request that Harbourside monitor for damages caused by their contractors, but not to ask for any reimbursement for the repairs the District had to complete.
SIXTH ORDER OF BUSINESS New Business
There was no New Business.
SEVENTH ORDER OF BUSINESS District Manager
A. Proposed Fiscal Year 2025 Budget
i. Resolution 2024-04: Approve FY 2025 Proposed Budget and Setting Public Hearing Date
The Board stated that there are insufficient funds in the Fiscal Year 2025 Budget for the legal and litigation needs of the District and the Board. The Board requested an additional $75,000 for litigation, an additional $10,000 for District legal services, and $10,000 for the Supervisor litigation payments fund. District Manager Teague believes there will be no need for an increase in assessments, if these expenses are taken from the fund balance. However, the Board believes that there may be a need for an increase in assessments. The Board approved the resolution, authorizing the total increase of $95,000 to the Budget, and approving no increase in assessments, if District Manager Teague can locate the funds. The Board approves the increase in assessments, if he cannot.
On MOTION by Chair Dwyer, seconded by Supervisor Glidden, with all in favor, the Board approved no increase in assessments, and an increase to the Fiscal Year 2025 Budget expenses, with a minimum of $50,000, and a maximum of $95,000, as identified.
On MOTION by Chair Dwyer, seconded by Vice Chair O’Malley, with all in favor, the Board approved Resolution 2024-04, approving the Fiscal Year 2025 Budget, and setting the Public Hearing for July 25, 2024.
B. Update on Insurance Reimbursements
An updated handout with the latest check for insurance reimbursements was included in the packet. District Manager Teague stated that over $10,000 remains on Attorney fees reimbursements.
C. District Voter Count (265)
The District registered voter count must be read into the minutes each year by June 1st. The voter count is 265.
D. CS/CS/HB 7013 – Goals, Objectives, and Measures Annual Reporting
District Manager Teague stated that, by October 1, 2024, the Board must design a District goals document that also includes how goals are tracked and evaluated for each project it undertakes, and it must be published on the District’s website. By December 1, 2025, and annually thereafter, the District must publish a findings report on any progress and any failure, which recently became law. Staff is preparing a template for this report, and it will be presented at the July meeting.
EIGHTH ORDER OF BUSINESS Financial Reports
A. March and April 2024
On MOTION by Supervisor Glidden, seconded by Supervisor Anastasio, with all in favor, the Board accepted the March and April 2024 Financials, as submitted.
NINTH ORDER OF BUSINESS Engineer
A. Stormwater Pond Cleaning Proposal
This proposal was in the packet for the Board’s information. Engineer Dausch provided it to Coleen Verdon for cost sharing between Grand Venezia and Grand Bellagio. District Manager Teague stated that Engineer Dausch will oversee the work and will be onsite to ensure that engineering requirements are met. Chair Dwyer stated that the District is paying Engineer Dausch, and that the Grand Venezia and Grand Bellagio will pay for the stormwater system cleaning.
TENTH ORDER OF BUSINESS Attorney
A. US Bank Lawsuit
Attorney Molloy presented an update on the lawsuit. He noted that the Mediation was a failure, and, therefore, the case was referred back to the Federal Court.
i. Dale Scott Attorney Engagement Letter
An engagement letter for Attorney Dale Scott was included as a handout. Chair Dwyer stated that Mr. Scott was recommended by Attorney Bruce Barnes, who no longer desires to represent the District. District Manager Teague noted that the Board must terminate the agreement with Attorney Barnes before accepting the new attorney. The Board approved the termination of Attorney Barnes’ contract, and approved the Dale Scott attorney engagement letter.
On MOTION by Chair Dwyer, seconded by Vice Chair O’Malley, with all in favor, the Board approved the termination of the contract with Attorney Bruce Barnes.
On MOTION by Chair Dwyer, seconded by Vice Chair O’Malley, with all in favor, the Board approved an attorney engagement letter, hiring Dale Scott as the Attorney for the Clearwater Cay Development District at the rates described in the engagement letter.
ELEVENTH ORDER OF BUSINESS Supervisor Requests and/or Comments
There were no Supervisor requests or comments.
TWELFTH ORDER OF BUSINESS Audience Comments
There were no Audience comments.
THIRTEENTH ORDER OF BUSINESS Adjournment
The meeting was adjourned by Chair Dwyer at 6:04 p.m.