Meeting Minutes for September 28, 2023
Clearwater Cay Community Development District
A meeting of the Board of Supervisors of Clearwater Cay Community Development District was held on Thursday, September 28, 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
Also present were:
Cal Teague – District Manager
Bruce Barnes – Bruce Barnes P.A.
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. All Board members were present, with Supervisor Feaster arriving at 5:37 p.m., during Agenda Item 10A. Also in attendance were Cal Teague, the District Manager, Bruce Barnes, Attorney, and Some Residents.
SECOND ORDER OF BUSINESS Approval of the Agenda
The Chair moved up Agenda Item 10A: US Bank Lawsuit, and Agenda Item 6B: Authorized Payments to Supervisors, to be discussed after the approval of the draft meeting minutes.
On MOTION by Vice Chair O’Malley, seconded by Supervisor Mellon, with all in favor, the Agenda was approved, as amended.
THIRD ORDER OF BUSINESS Audience Comments on Agenda Items
There were no comments.
FOURTH ORDER OF BUSINESS Approval of Meeting Minutes
A. Draft Audit Committee Meeting Minutes for July 27, 2023
B. Draft Regular Meeting Minutes for July 27, 2023
On MOTION by Supervisor Mellon, seconded by Vice Chair O’Malley, with all in favor, the Board approved the Draft Audit Committee Meeting Minutes for July 27, 2023 and the Draft Regular Meeting Minutes from July 27, 2023, as presented.
TENTH ORDER OF BUSINESS (MOVED UP) Attorney
A. US Bank Lawsuit
Special Counsel Bruce Barnes delivered an update on the US Bank pending litigation. He stated that a mediation session for the Board of Supervisors has been scheduled for Wednesday, October 25, 2023. He proposed a special meeting be scheduled so that a closed door attorney client session can be held to discuss strategy in the US Bank case against the District. A special meeting date was proposed for Wednesday, October 18, 2023.
Supervisor Feaster arrived at 5:37 p.m. during this discussion.
On MOTION Vice Chair O’Malley, seconded by Supervisor Glidden, with all in favor, the Board approved a special meeting be scheduled and advertised to include a closed-door attorney-client session for Wednesday, October 18 at 5:30 PM at the Grand Venezia Clubhouse.
SIXTH ORDER OF BUSINESS (MOVED UP) New Business
B. Authorized Payments to Supervisors (Moved Up)
The Board clarified its prior motion at the July 28, 2022 meeting, which had authorized payment of $175 per hour to Supervisors for court appearances, to include depositions and other preparatory meetings as relates to the US Bank case.
On MOTION by Chair Dwyer, seconded by Vice Chair O’Malley, with 4 in favor and Supervisor Glidden opposed, the Board approved compensating current and past Supervisors for any hours relating to preparation for the US Bank lawsuit.
FIFTH ORDER OF BUSINESS Old Business
A. Update on Belleair Road Street Lights and Landscaping
Chair Dwyer reported that a streetlight bulb replacement cannot be found, as that model had been discontinued. Supervisor Glidden was tasked with asking Hoffman Electric if they have any left in stock and can provide it.
Chair Dwyer stated that the grass on the Belleair Road median has not been properly trimmed, and so he had it heavily cut back. He requested a proposal to be presented at the next meeting, recommending whether the grass should be replaced or replanted.
SIXTH ORDER OF BUSINESS New Business
A. FY 2024 Proposed Meeting Schedule: Resolution 2023-07
Initially approved as presented, the meeting schedule was amended at the end of the meeting to change the November 30, 2023 meeting date up to November 16, 2023.
On MOTION by Supervisor Glidden, seconded by Supervisor Mellon, with all in favor, the Board approved Resolution 2023-07 setting the fiscal year meeting schedule, as amended, to move the November 30, 2023 meeting up to November 16, 2023.
B. Authorized Payments to Supervisors (covered above, as moved)
SEVENTH ORDER OF BUSINESS District Manager
A. Update on FY 2023 Audit Engagement
District Manager Teague stated that he had signed the audit engagement letter for Fiscal Year 2023 and submitted it to Berger, Toombs, Elam, Gaines, and Frank.
B. Insurance Policy Issues
FIA (Florida Insurance Alliance) has stated they could not renew any of the District’s liability insurance polices after the end of Fiscal Year 2023 on September 30, 2023 as a carrier could not be located. The insurance agent will continue to solicit bids from other providers. The Board was offered the possibility of purchasing an Extended Reporting Period, constrained by current policy coverages, limits, and any depletions, for one calendar year. This is not an extension of insurance coverage but only an extension of the time that claims could be reported against the district. Without it, claims of events during all prior covered periods would not be covered, if they are reported after the one month grace period ends on October 31, 2023. The Board agreed to let the District Manager know within two weeks of this meeting if it wants to purchase this ERP.
On MOTION by Supervisor Glidden, seconded by Vice Chair O’Malley, the Board authorized the Chair to decide whether to activate the current liability insurance Extended Reporting Period option for one calendar year.
C. 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.
EIGHTH ORDER OF BUSINESS Financial Reports
A. July 2023 and August 2023
On MOTION by Vice Chair O’Malley, seconded by Supervisor Mellon, with all in favor, the Board accepted the July and August 2023 Financials, as submitted.
NINTH ORDER OF BUSINESS Engineer
Chair Dwyer spoke to Engineer Dausch before the meeting, and he reported that there were no drainage issues during the recent storm events, including the recent hurricane.
TENTH ORDER OF BUSINESS (covered above, as moved) Attorney
ELEVENTH ORDER OF BUSINESS Supervisor Requests and/or Comments
Supervisor Mellon wondered if the landscape drain covers can be screwed on, because they keep popping off. Chair Dwyer will follow up with Coleen Verdon on this.
Supervisor Glidden asked how much has been taken out of the bond reserves. He commented that the GVCOA is considering road resurfacing, and he believes the funds are not available.
TWELFTH ORDER OF BUSINESS Audience Comments
There were no comments.
THIRTEENTH ORDER OF BUSINESS Adjournment
The Board decided to change the November 30, 2023 meeting to November 16, 2023, amending Resolution 2023-07 approved above.
On MOTION by Chair Dwyer, seconded by Vice Chair O’Malley, with all in favor, the Board approved moving the November 30, 2023 meeting to November 16, 2023.
The meeting was adjourned by Chair Dwyer at 6:16 p.m.
NEXT REGULAR MEETING: November 16, 2023 at 5:30 PM (3rd Thursday)