Special Continuation Meeting Minutes for November 14, 2022
Clearwater Cay Community Development District
The special continuation meeting of the August 11, 2022 meeting of the Board of Supervisors of the Clearwater Cay Community Development District was held on Thursday, November 14, 2022 at 5:30 p.m. at the Grand Venezia Baywatch Clubhouse at 2704 Via Murano in Clearwater, Florida 33764 and via web conference.
Present and constituting a quorum were:
Don Dwyer – Chair
Patrick O’Malley – Vice Chair
Alan Glidden – Assistant Secretary
Also present (or attending via web conference) were:
Cal Teague – District Manager
Dan Molloy – Attorney, Molloy and James
Kevin Mellon – Supervisor Elect
Jeff Wilson – Former Supervisor
FIRST ORDER OF BUSINESS Call to Order and Roll Call
The meeting was called to order and the Chair called the roll. All Board members were present. Also in attendance were Cal Teague, the District Manager, and Jeff Wilson, Former Supervisor. Dan Molloy, the Attorney, Supervisor Elect Mellon, and Several Residents attended via web conference.
On MOTION by Chair Dwyer, seconded by Vice Chair O’Malley, with all in favor, the Board approved moving the 2nd and 3rd Order of Business to 14th Order of Business, and adding 9A Irrigation Well Pump Replacement.
SECOND ORDER OF BUSINESS Approval of the Agenda
Move 2 and 3 to 14
Add 9A Irrigation Well Pump Replacement
On MOTION by Chair Dwyer, seconded by Supervisor Glidden, with all in favor, the Board approved the Agenda, as amended.
THIRD ORDER OF BUSINESS Audience Comments on Agenda Items
There were no Audience comments on the Agenda.
FOURTH ORDER OF BUSINESS Approval of Meeting Minutes
A. Draft Meeting Minutes from July 28, 2022
On MOTION by Vice Chair O’Malley, seconded by Supervisor Glidden, with all in favor, the Board approved the July 28, 2022 Draft Meeting Minutes, as submitted.
B. Draft Meeting Minutes from August 11, 2022 – Continuation Meeting
On MOTION by Vice Chair O’Malley, seconded by Chair Dwyer, with all in favor, the Board approved the August 11, 2022 Draft Continuation Meeting Minutes, as submitted.
FIFTH ORDER OF BUSINESS Old Business
A. Palm Tree Trimming Update
Chair Dwyer reported that this has been completed.
B. Mulch and Planted Areas Update
Chair Dwyer reported that this has been completed.
C. Light at Building 6 Proposal Update
Supervisor Glidden reported that this has been completed. He also stated that the installation of a light at Buildings 11 and 12 has been completed.
SIXTH ORDER OF BUSINESS New Business
A. Irrigation Well Pump Replacement
District Manager Teague stated that this was approved, and the GVCOA Manager will verify when the project is completed successfully and is ready for final payment.
SEVENTH ORDER OF BUSINESS District Manager
A. Meeting Schedule Conflict on November 17, 2022
Because of the business to be accomplished at today’s meeting, the Board saw no need to have the November 17th meeting.
On MOTION by Supervisor Glidden, seconded by Vice Chair O’Malley, with all in favor, the Board approved the cancellation of the November 17, 2022 meeting.
B. Hurricane Ian Damages Update
Chair Dwyer reported that there was no significant damage from Hurricane Ian, just some minor flooding. He also stated that, if there is a major rain event, there will be flooding in the streets.
C. Fiscal Year 2022 Budget Amendment
District Manager Teague stated that the Fiscal Year 2022 Budget is over budget, primarily due to an increase in legal expenses. Therefore, this overrun in the Fiscal Year 2022 Budget for legal expenses needs to be amended by $42,000.
On MOTION by Supervisor Glidden, seconded by Vice Chair O’Malley, with all in favor, the Board approved Resolution 2023-01 to amend the Fiscal Year 2022 Budget, by increasing the expenses for legal services by $42,000, with the fund balance being used to offset this Budget overrun.
EIGHTH ORDER OF BUSINESS Financial Reports
A. July, August, September and October 2022
The Financial Statements for July, August and September were sent in the Agenda packet, and the October statement was distributed in today’s meeting. District Manager Teague stated that the fiscal year end September report reflected a fund balance of $88,634, and after the first month of the new fiscal year, the fund balance was $70,000, which should be sufficient until the new assessments come in.
On MOTION by Vice Chair O’Malley, seconded by Supervisor Glidden, with all in favor, the Board accepted the Financial Reports for July, August, September, and October, 2022.
NINTH ORDER OF BUSINESS Engineer
A. Stormwater Maintenance Update
District Manager Teague stated that Engineer Dausch had told him that the stormwater system is running well, and that there was no significant damage from Hurricane Ian. Chair Dwyer also thought that it would be a good idea to have the stormwater system cleaned in the near future.
TENTH ORDER OF BUSINESS Attorney
A. Legal Proceeding Follow-up
Attorney Molloy reported that there is currently no legal activity and nothing pending. In response to Chair Dwyer’s questions, Dan stated that there are no active lawsuits, as of 60 days ago, and he is waiting for action from Invesco.
ELEVENTH ORDER OF BUSINESS Acceptance of Seat 1 Resignation of Supervisor Whitehurst Effective 9/28/2022
On MOTION by Chair Dwyer, seconded by Vice Chair O’Malley, with all in favor, the Board accepted the resignation of Supervisor Whitehurst, effective September 28, 2022.
TWELFTH ORDER OF BUSINESS Discussion on Appointment to Vacant Seat 1
In discussion between Chair Dwyer and Vice Chair O’Malley, Vice Chair O’Malley expressed his desire to retain his current position as the Seat #4 Supervisor on the Board. Supervisor Glidden stated that he knows of three other people who are interested in seats on the Board, and he would be in favor of new members.
District Manager Teague wondered about voting now, because there is no vacancy. Attorney Molloy stated that it is alright to vote on Vice Chair O’Malley’s position now, and then bring it up at a later date. District Manager Teague also asked, if he is already a Board member, if he will be appointed at a later date. Attorney Molloy stated that Vice Chair O’Malley is a Board member until the end of his term, then his appointment would take effect at that time. Or if the Board chooses not to appoint him now, he would remain in office anyway until the Board takes action.
On MOTION by Chair Dwyer, seconded by Vice Chair O’Malley, with 2 in favor, and Supervisor Glidden opposed, the Board approved Vice Chair O’Malley retaining his position on the Board, which is Seat #4.
District Manager Teague wondered if there is a conflict if Vice Chair O’Malley votes for himself. Attorney Molloy stated that it is only an issue if the vote is financial in nature.
THIRTEENTH ORDER OF BUSINESS Appointment to Seat 1
The Board discussed the requirements of application for a Board seat.
On MOTION by Chair Dwyer, seconded by Vice Chair O’Malley, with 2 in favor, and Supervisor Glidden opposed, the Board approved the advertisement of available seats on the Board, specifying the requirements for application to serve on the Board.
FOURTEENTH ORDER OF BUSINESS Supervisor Requests and/or Comments
Chair Dwyer asked if payment can be increased to the Board members, since they only meet every other month, and District Manager Teague stated that it cannot.
FIFTEENTH ORDER OF BUSINESS Audience Comments
Supervisor elect Kevin Mellon commented that he believes that others besides himself knew about Board vacancies and could have applied, instead of the appointments being delayed until January. Chair Dwyer stated that January is the next meeting, and the acceptance of new Board members will be decided at that time. It was stated that it is advantageous to advertise, so that even more people would know of the vacancies.
Richard Cranwill asked how Board vacancies are filled, and Chair Dwyer stated that it is by appointment.
SIXTEENTH ORDER OF BUSINESS Adjournment
The special continuation meeting was adjourned by Chair Dwyer at 6:03 p.m.
NEXT REGULAR MEETING: January 26, 2023 at 5:30 PM