Meeting Minutes for November 16, 2023
Clearwater Cay Community Development District
A meeting of the Board of Supervisors of Clearwater Cay Community Development District was held on Thursday, November 16, 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
Paul “Gordon” Feaster – Assistant Secretary
Also present were:
Cal Teague – District Manager
Anthony Anastasio, resident
FIRST ORDER OF BUSINESS Call to Order and Roll Call
The meeting was called to order at 5:30 p.m. and the roll was called by Chair Dwyer. All Board members were present with the exception of James Kevin Mellon, who had resigned from Seat 5 on October 9, 2023. Also in attendance were District Manager Cal Teague, resident Anthony Anastasio as a candidate for appointment to the vacant seat, and other residents.
SECOND ORDER OF BUSINESS Approval of the Agenda
The agenda was approved as presented.
On MOTION by Supervisor Glidden and seconded by Vice Chair O’Malley, with all in favor, the Agenda was approved as presented.
THIRD ORDER OF BUSINESS Audience Comments on Agenda Items
There were no comments.
FOURTH ORDER OF BUSINESS Accepting Resignation of Supervisor Mellon from Seat 5
On MOTION by Supervisor Feaster and seconded by Vice Chair O’Malley, with all in favor, the resignation of Supervisor James Kevin Mellon from Seat 5 was accepted with an effective date of October 9, 2023.
FIFTH ORDER OF BUSINESS Discussion on Vacant Seat 5
There was some discussion on appointing resident Anthony Anastasio to the vacant seat. Supervisor Glidden stated he would be a great addition to the Board; a very involved resident who lives in the District full-time, and whose wife is on the COA board. Chair Dwyer concurred and stated that there is no conflict of interest for anyone having served on both Boards. District Manager Teague agreed, stating that this is the case in many of his Districts over the years. He’s not heard of an attorney opining that this was a conflict of interest.
SIXTH ORDER OF BUSINESS Appointment to Vacant Seat 5
On MOTION by Vice Chair O’Malley and seconded by Supervisor Feaster, with all in favor, the appointment of Anthony Anastasio to vacant Seat 5 carried.
THE MEETING VIDEO CUTS OUT, BUT THE AUDIO RECORDING REMAINS INTACT
The District Manager took the Oath of Office of Anthony Anastasio for the position of Supervisor, Seat 5. Supervisor Anastasio stated that he did not want to be paid to serve on the Board. He was presented with his Form 1 and I-9 which he needs to fill out and return to the District Manager.
SEVENTH ORDER OF BUSINESS Consideration of Board Reorganization Resolution 2024-02
On MOTION by Chair Dwyer and seconded by Vice Chair O’Malley, with all in favor, the Board positions remaining the same, except adding Supervisor Anastasio as Assistant Secretary in place of James Kevin Mellon, with Cal Teague and Jennifer Miller retaining their positions, Resolution 2024-02 was approved.
EIGHTH ORDER OF BUSINESS Approval of Meeting Minutest
A. Draft Regular Meeting Minutes for September 28, 2023
On MOTION by Supervisor Glidden, seconded by Vice Chair O’Malley, with all in favor, the Board approved the Draft Regular Meeting Minutes for September 28, 2023 as presented.
B. Draft Special Meeting Minutes for October 18, 2023
On MOTION by Supervisor Glidden, seconded by Chair Dwyer, with all in favor, the Board approved Draft Special Meeting Minutes for October 18, 2023 as presented.
NINTH ORDER OF BUSINESS Old Business
A. Update on Belleair Road Street Lights and Landscaping
Supervisor Glidden had contacted Hoffman Electrical & AC about wanting to purchase the replacement bulb, but they will not sell it. Chair Dwyer gave the history, stating that the light fixture is now outdated and new bulbs cannot be purchased. Chair Dwyer would like to authorize the COA to find a replacement fixture, and the CDD will pay for it.
Chair Dwyer had all the landscaping stripped on the Belleair Road median. He is waiting for a new proposal from Land Lords Lawn for a replanting estimate that provides color and longevity of plants.
THE MEETING VIDEO RETURNED AT THIS POINT
TENTH ORDER OF BUSINESS New Business
There were no New Business items.
ELEVENTH ORDER OF BUSINESS District Manager
A. Update on Insurance Reimbursements
The District Manager presented a current tally of the submitted legal expenses and the insurance payments made so far in the US Bank case, for a total of $63,482.10 paid and $36,517.90 remaining of the $100,000 limit of coverage, as of the creation of the agenda packet. This incudes payments through October 2023. Chair Dwyer asked how much is left for the Board defense, and DM Teague stated that it is about $8 – $9,000.
TWELFTH ORDER OF BUSINESS Financial Reports
A. September 2023
B. October 2023
District Manager Teague stated that the district has spent everything it has collected as of the end of September 2023. District Manager Teague stated that as of the end of September, the District has about $89,000 in its unassigned fund balance.
Supervisor Glidden asked if the Bond trustee is still taking money out of Series A and District Manager Teague stated that they are not.
On MOTION by Supervisor Glidden and seconded by Chair Dwyer, with all in favor, the Board accepted the September 2023 and October 2023 Financials as submitted.
THIRTEENTH ORDER OF BUSINESS Engineer
There was no update on Engineering issues. Chair Dwyer stated that Engineer Dausch is a conscientious engineer and doesn’t show up to meeting simply to collect a fee, when there are no engineering issues before the Board.
FOURTEENTH ORDER OF BUSINESS Attorney
A. US Bank Lawsuit
Chair Dwyer made a brief comment on the mediation meeting he attended on October 25, 2023, as he is barred from discussing it. However, he stated he believes the case will end up in federal court. He stated that the next mediation meeting scheduled for February 7, 2024.
FIFTEENTH ORDER OF BUSINESS Supervisor Requests and/or Comments
Vice Chair O’Malley praised Chair Dwyer’s participation in mediation on behalf of the Board.
SIXTEENTH ORDER OF BUSINESS Audience Comments
An unnamed resident stated that they believe the Board is doing an excellent job.
SEVENTEENTH ORDER OF BUSINESS Adjournment
The meeting was adjourned by Chair Dwyer at 5:57p.m.