Meeting Minutes for May 25, 2023
Clearwater Cay Community Development District
The meeting of the Board of Supervisors of the Clearwater Cay Community Development District was held on Thursday, May 25, 2023 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
J. Kevin Mellon – Assistant Secretary
Paul Gordon Feaster – Assistant Secretary (Remote)
Also present were:
Cal Teague – District Manager
Dan Molloy – Attorney, Molloy and James
Bruce Barnes – Attorney, Bruce W. Barnes, P. A.
Residents
FIRST ORDER OF BUSINESS Call to Order and Roll Call
The meeting was called to order and Chair Don Dwyer called the roll. All Board members were present, with Supervisor Feaster attending remotely on the web. Also in attendance were Cal Teague, the District Manager, Dan Molloy, the Attorney, Bruce Barnes, Attorney, and Some Residents.
SECOND ORDER OF BUSINESS Approval of Attendance Via the Web
On MOTION by Vice Chair O’Malley, seconded by Supervisor Mellon, with all in favor, the Board accepted Supervisor Feaster’s remote attendance via the web.
THIRD ORDER OF BUSINESS Approval of the Agenda
On MOTION by Vice Chair O’Malley, seconded by Supervisor Mellon, with all in favor, the Agenda was approved, as presented.
FOURTH ORDER OF BUSINESS Audience Comments on Agenda Items
FIFTH ORDER OF BUSINESS Approval of Meeting Minutes
A. Draft Regular Meeting Minutes from March 23, 2023
Line 2 Remove “and via web conference”
On MOTION by Supervisor Mellon, seconded by Vice Chair O’Malley, with all in favor, the Board approved the Draft Regular Meeting Minutes from March 23, 2023, as amended.
SIXTH ORDER OF BUSINESS Old Business
A. Discussion on Grand Bellagio Agreement with Harbourside Office Building for Placement of Dumpsters on District Parking Lot
On MOTION by Chair Dwyer, seconded by Vice Chair O’Malley, with all in favor, the Board approved to table the Grand Bellagio Agreement discussion and action.
SEVENTH ORDER OF BUSINESS New Business
A. US Bank Case 8:23-cv-00835 Filed against District
B. Insurance Claim: Statement of Coverages for US Bank Filing Against District and Board
Chair Dwyer recommended that the Board schedule a shade meeting, so there is privacy when discussing these lawsuits.
On MOTION by Chair Dwyer, seconded by Vice Chair O’Malley, with all in favor, the Board approved to table discussion and action on the US Bank lawsuits.
EIGHTH ORDER OF BUSINESS District Manager
A. District Voter Counts as of April 15, 2023
District Manager Teague presented the District voter count of 593 as of April 15, 2023, as required by statute. The Board asked District Manager Teague to verify the number, which he will do.
B. Potential Legislation Affecting Special Districts
District Manager Teague reported that federal legislation is being considered which will specifically designate Special Districts as a governmental agency, so that they are eligible for federal funding, such as FEMA funds or other funds.
C. FY 2023 Audit Scope Letter
District Manager Teague stated that every three years the Board should consider requesting proposals for audit services. The process is to select an audit selection committee, and pass out information that will be used to review and select an auditor.
D. Audit Services Selection Process
On MOTION by Vice Chair O’Malley, seconded by Supervisor Mellon, with all in favor, the Board approved the selection of themselves as the audit selection committee with the purpose of selecting an auditor, accepting the criteria as presented by the district manager.
E. Proposed FY 2024 Budget
On MOTION by Chair Dwyer, seconded by Vice Chair O’Malley, with all in favor, the Board approved the designation of equal ERU’s for every property in the District.
i. Resolution 2023-04 to Approve FY 2024 Budget and to Set the Public Hearing Date
On MOTION by Chair Dwyer, seconded by Supervisor Glidden, with all in favor, the Board approved that $100,000 be added for legal services to the Fiscal Year 2024 Budget. It was also acknowledged that this increase will result in an increase in assessments.
On MOTION by Vice Chair O’Malley, seconded by Supervisor Mellon, with all in favor, the Board approved the proposed Fiscal Year 2024 Budget, with an increase in legal services, which includes a rate increase to fund the legal expenses, and set the public hearing for July 27, 2023 at 5:30 p.m.
NINTH ORDER OF BUSINESS Financial Reports
A. March 2023 and April 2023
On MOTION by Supervisor Glidden, seconded by Vice Chair O’Malley, with all in favor, the Board accepted the March and April 2023 Financials, as submitted.
TENTH ORDER OF BUSINESS Engineer
A. SWFWMD Stormwater Inspection Report
ELEVENTH ORDER OF BUSINESS Attorney
On MOTION by Vice Chair O’Malley, seconded by Supervisor Mellon, with all in favor, the Board approved the selection of Bruce Barnes as litigation counsel for the District.
TWELFTH ORDER OF BUSINESS Supervisor Requests and/or Comments
Vice Chair O’Malley expressed his appreciation for the services of Attorneys Molloy and Barnes.
THIRTEENTH ORDER OF BUSINESS Audience Comments
FOURTEENTH ORDER OF BUSINESS Adjournment
The meeting was adjourned by Chair Dwyer at 6:20 p.m.
NEXT REGULAR MEETING AND PUBLIC HEARING July 27, 2023 at 5:30 PM