Minutes for January 12,
2007
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DRAFT
Board of Trustees
Regular Meeting
Friday, January 12, 2007
2:35 p.m. – Building D&E
The Barefoot Bay Recreation District held a regular meeting on January 12, 2007 in Building D&E, Barefoot Bay, Florida. Chairman Harry Bailey called the meeting to order at 2:35 p.m. (The meeting was preceded by an advertised workshop which began at 1:00 p.m.)
Mr. Bailey led the pledge of allegiance to the Flag.
Ms. McCahan called the roll. All Trustees were present. Mr. Malek was present as counsel.
Mr. Bailey requested approval of minutes from the December 8, 2006 meeting. Ms. Weglein made a motion to accept the minutes. Second Ms. McCahan. Mr. Allan requested that on page 6 the minutes be amended to read he asked [tape resumed on 383] “Is there any other discussion” rather than that he stated “End of discussion.” Motion carried to accept the minutes as amended. (Tape went blank at 396)
Ms. Donahue read the Treasurer’s report. (Exhibit A)
(Tape resumed at 481-1B)
Walter Myers encouraged the Board to hire Grace Daddario permanently as Community Manager. Mr. Myers said how much he enjoys Pool 2: how it looks now, and the fact that the Bay staff visited him in hospital during his recent stay.
Bill Sayles spoke for the tennis club. He’d like to see them repaired soon.
John Lochmandy urged the Board to hire Grace Daddario as permanent Community Manager.
Susie White commented the Bay would be nothing without its amenities. She referred to Mr. Torpy’s commented regarding living in a deed restricted area and having to live at a higher standard. Ms. White said the Board would have to perform at a higher standard, too. Rumor has it the Bay doesn’t have the money to fix the tennis courts, so tennis players are going to Sebastian. It’s embarrassing to admit to them we don’t have the money to fix our own. Ms. White urged the Board to hire Ms. Daddario permanently. She complimented Mr. Allan and Mr. Keegan on their performance on the Board.
Hal Holmes, as president of the Tennis Club, expressed dissatisfaction with the current condition of the courts.
Cathleen Fortier commented the State of Florida has the highest unintentional drowning rate in private pools of toddlers ages 1-4 in the United States. She lives in a “wind tunnel”, and contractors will no longer install a screen over her pool. Children climb the 4 foot chain link fence, and have cut the fencing around her pool to get in. 243 children attend Sunrise Elementary School from Barefoot Bay. She urged the Board to protect these children by amending the DOR to include vinyl fences and fences higher than 4 feet for pools. Ms. Fortier’s neighbors want her to be able to keep the lattice fence she now has so children will stop crossing their property to get to her pool. She asked the Board to consider a policy of “non conforming use” for all private pools in Barefoot Bay.
Al Glashauser asked Ms. Daddario when the financials will be ready. Ms. Daddario responded she may have a preliminary as soon as January 23rd. “If not, definitely the first week of February, and that is what I promised the Board.” Mr. Glashauser asked if the Board were abdicating its authority or if the manager was usurping its authority. Mr. Glashauser referred to the Golf maintenance building, saying prior Boards had authorized it. Ms. Daddario responded the misconception is that she made that decision, when she did not. Five trustees agreed that One Source’s equipment could be stored just as well in the Property Maintenance building thereby saving the Bay $260,000. Mr. Allan asked about such a procedure. Mr. Malek was not aware of the decision, and said it was up to the Board members. Mr. Bailey reminded Mr. Glashauser he’d already had his three minutes at the podium.
Jeanne Osborne objected to Item 7C on the agenda, Motion to Abandon the Golf maintenance building. She cited a ruling by Judge Evander Childs (2001) that the Board has the obligation to maintain and replace facilities. She feels that taking the equipment from Falcon Drive to the Golf course each day is “grossly inefficient”.
Ms. McCahan commented one of the priorities of the proposed DOR mailing needs to be vinyl fencing in addition to chain link fence. Ms. Weglein urged the Board to allow ARCC to approve Hardi-Board under the provision “other approved materials”. The siding material would be restricted to two or three patterns and colors. Ms. Weglein suggested it would be a good idea to talk with contractors who have experience with it. It should hold up to a strong wind. The skirting material would look like existing stucco skirting in the Bay. Mr. Malek commented the siding issue could go to ARCC immediately; he wasn’t so sure about the skirting issue. Fencing is strictly DOR driven. Mr. Malek cautioned the Board about State mandated materials because Barefoot Bay is concerned with aesthetics, while the State is concerned with structural issues. Ms. McCahan suggested a workshop. Mr. Allan asked if the Board could agree on 3 questions for an immediate mailing, “we could at least try it” and see if there was any benefit. The first question can be fencing, the second one can be the one that didn’t get voted on at all last time (no yes or no box), and whatever is agreed on for the third question.
Board consensus on the Hardi-Board question is to let ARCC bring it to the Board of Trustees as something they’ve approved. That’s their right.
Ms. Weglein asked the Board to allow Cathleen Fortier at 702 Lantania to erect a 6 foot lattice fence as a barrier for her private pool. Mr. Malek granted it could be done as a non-conforming use.
Mr. Allan made a motion to allow the 6 foot lattice fencing as long as the pool is in the ground at that address. If the pool is removed, the fence comes down. Second Mr. Klosky. Motion carried unanimously.
Mr. Allan asked the Board to suggest a 3rd question and take it to a motion to get the mailing done. Ms. McCahan wants the lamp post issue on the mailing: that lamp posts should be maintained so they are illuminated from dusk to dawn.
Ms. McCahan made a motion to use the “boomerang” envelope to resubmit section 3A(14) regarding the lamp post; vinyl fencing in white or green only to the fencing materials in addition to chain link; the 3rd question would be how to amend the DOR from Section IV.
Second Mr. Allan.
Ms. Donahue asked if the vinyl fencing would be picket, or stockade type. Ms. Weglein doesn’t want walls. The Board concurred that the DOR question should specify picket fencing. Motion carried unanimously.
Mr. Allan expressed concern about counting ballots based on owners rather than properties in Barefoot Bay. If an owner owns more than one property, they have a percentage that should be counted in any DOR mailing. Historically, people who owned multiple properties received only one ballot. This skews the numbers and does not reflect the number of homes owned properly. Ms. Weglein commented the voting is one per household, so two homes equals two votes. Mr. Malek requested direction from the Board; he said once the ballot is drafted, the rest is up to the District. Mr. Allan requested to see printer proofs before the mailing goes out. The Board indicated as a whole they wish to review the proofs. Ms. Daddario commented the mailing labels would be drawn from the assessment files. Mr. Bailey asked Mr. Klosky if as liaison to the Home Owners Association he could round up some volunteers. Mr. Allan asked Mr. Malek if he could have the draft ballot “by the next meeting”. Mr. Malek asked for a motion on that. Mr. Allan suggested using volunteers (and providing lunch) to count ballots. The last ballot count cost Barefoot Bay $9,000 in legal fees. Mr. Allan suggested Lamaur Stancil of the Press Journal and John Lochmandy of the Tattler might want to participate as tally referees.
Ms. Weglein made a motion that Mr. Malek should draft the DOR ballot and present it at the next meeting (January 23rd). Second Ms. Donahue. Motion carried unanimously.
Mr. Ferris cited certain continuing problems at the Barefoot Bay beach with camping and security. He attended the RV Club meeting and conducted a survey among the RV’ers. The 35 members present agreed there should be no overnight camping on the beach. A club member’s teen aged grandchild revealed that teens from Sebastian River High School regularly use the beach to party. The drive through gate has a new lock on it, but there is a walk through gate that allows access to the beach. Ken Austin offered to help out making signs and posting the property “No Trespassing” and “No Camping”.
Ms. Donahue and Mr. Allan camp at the beach with their families. Residents should be able to obtain a permit to camp, and would not be considered trespassers. She commented the signs are a good idea. Perhaps vehicles could be identified with a sticker.
Mr. Ferris approached an RV from Osceola County. The owner vaguely indicated when asked that they were with “Nancy” (no last name) and gestured at the beach. Mr. Ferris expressed concern that the beach is for the use of the residents and a resident who allows an RV friend to camp on the beach is exposing the Bay to liability. “Nancy” may or may not have been present with the RV. The RV’ers were drinking alcohol, and alcohol is not allowed to be brought in to any District amenity.
Mr. Allan commented the last thing [we] want to do is take away amenities from the residents because a couple of people have taken advantage of the situation. Ms. Daddario asked the Board to set clearly defined policy concerning the beach. Ms. McCahan asked that the motion allow residents with badges to camp overnight.
Mr. Ferris made a motion to have 3 signs made up and posted: No Trespassing, Residents Only, and Violators Will Be Prosecuted. Second Mr. Bleau. Motion carried unanimously.
Mr. Allan suggested all that could go on one sign, but there needed to be signage on the shelter building as well as the gates. Mr. Malek commented the Board should understand the motion was cast for 3 signs. Mr. Ferris asked that the motion stand as is.
Ms. McCahan clarified that overnight camping for residents with badges is allowed. The Board concurred.
Mr. Keegan commented Ms. Daddario has only 5 weeks remaining on her interim contract. Grace, who has become known as “Amazing Grace” has accomplished more in 2 months than previous community managers have done in years. When she took over, the Bay was deep in accountability problems and progressively going down hill. There has been no accountability since September 2005. She re-created a chart of accounts in the financial software, and put 15 months of data entry into the system at an average of 25,000 entries for each of the 15 months. She will generate meaningful financial statements for us all. Because of her corporate expertise and experience in finance that she is able to set the stage for the Bay to recover. Most amazing is her ability to solve problems quickly and efficiently using managerial leadership. If we were to try to determine what talent and qualifications we would be looking for to be our community manager, there is no questions we would want someone just like Grace. I therefore make a motion that we offer Grace a permanent contract as our Community Manager. Second Mr. Klosky.
Mr. Allan: I appreciate the comments that people have told me in person with regards to how they feel I’ve conducted myself here on the Board. And I certainly appreciate everything Grace has done so far. At the same time I have a responsibility to all the residents of the Bay, not simply those that attend this meeting when it comes to reviewing all the options that we have including a management firm. I have a responsibility sitting up here on this Board to vote my conscience and what I feel is right. When it comes right down to it, there are a few things that Grace has done that are not in the best interests of Barefoot Bay. I’d like to go ahead and point out to those of us that are quick to want to make a decision right this minute that being a manager has a lot more to do with managing people than it does with making residents happy. She’s very quick to jump on anything you might have as far as a complaint or a problem. You walk in that door, believe me her door is open for ya’. I think that’s great. At the same time, she manages employees and the employees are the heart of Barefoot Bay. The manager may be the head, but those employees are the heart of Barefoot Bay. And I’m afraid a lot of those employees have been fired very recently by our interim manager. Not all of them necessarily should have been fired. I don’t know the reasons why they were let go, but I can assure you when it comes right down to it to have an entire maintenance department hanging by a thread for the last month or two wondering whether they’re going to have a job tomorrow does nothing to improve employee relations or to make the heart of the Bay very good. The fact that Grace likes to make decisions on her own? I don’t have a problem with that per se except that she decides she’s going to change Board decisions on her own and then come back after the fact to get permission for that. I don’t think that’s right. I also don’t think it’s right that she can take long-term employees of Barefoot Bay, people that have worked here for a long time, and take their hours. . . . . . ..and change their hours so that now they no longer qualify for vacation pay or qualify for health insurance. I don’t think that’s exactly what the residents of Barefoot Bay would like to see happen to their employees. And this has happened. Additionally, I question the people she has hired to replace the individuals that have been fired recently. And I can certainly go into details with regards to that, but my point is these positions were not fairly and honestly put out so people could apply for these positions. In the end, she has done some very good things for Barefoot Bay. But she’s being hired as a manager, not as a dictator, and certainly not as a corporate one-person decision making company as she’s decided to run the Bay at this point. Whereas you may not all agree with me, I still think that it is the fiduciary responsibility of this Board to continue to look at all our options and that includes looking for additional candidates that may be more qualified than Grace is. I understand as well, John, [speaking to John Lochmandy in the audience] that when it comes right down to making people feel good, she made you feel good. I think that’s great. I understand we didn’t have all the information when she was originally hired. That there are things in her background that may have . . . . .may have made a second decision about what we may have done as far as hiring her originally. The reality is that she is not everything that you think she is. And I’m more than happy to be the one guy, if I’m the only guy, to step up and say so, because I’m not worried about getting re-elected in November. Nor am I worried about getting re-elected two years from now either. I am going to do what’s in the best interests of Barefoot Bay, and that includes making this discussion as I’ve described it. And that’s my comments.
Mr. Bailey: As of January 10th I had some problems and I had a meeting with our attorney. I sent a list to Mrs. Daddario on the 11th. In it, I requested a list of employees that have been terminated or resigned from Barefoot Bay October ’06 through the present date. Two, a list of employees that had weekly or hourly work schedules reduced. Three, how have the benefits of these employees, with reduced hourly or weekly schedules, been affected. Four, a list of the projects from October 2 ’03 to present date including the cost of said projects. Now, I brought this in because we have a job to do. We have stated that we are going to place this and have applications out. And that is our responsibility. It’s not a decision of what’s being made right or wrong. We have a duty to perform that duty and it was stated. We voted on it, that we must put out applications and seek people to apply for these jobs and that’s the first thing we should be doing before we do anything else. And that’s my opinion.
Mr. Ferris: I’d like to thank you, Mr. Keegan, for the presentation you just made. I couldn’t agree with you more. I think we need to step back to what many of us were saying at the very beginning about some of the qualities we were looking for in a manager. One of those was that any good manager is going to surround themselves with qualified people. It’s up to that manager to make those pretty tough decisions to terminate people, move people around, surround, in this case, herself with qualified people to get the job done. I’d also like to mention we, as Trustees, it certainly is our job to monitor everything that goes on here in Barefoot Bay, especially and including the office, the finances. It is not our job, however, to micromanage a manager that we already have in position. I’d just like to thank you, Grace, for the job that you’ve done and I couldn’t agree more with you, Mr. Keegan.
Ms. McCahan: I’ve been dreading this conversation, and wondering when we were going to have it. Now this is personal: I like Grace very much. I think she’s wonderful. I’ve been absolutely impressed with walking to her office and asking her to do something that I needed done, or give me some advice on something, and I didn’t wait six weeks to get it back. I’ve been very impressed with that, and I personally like her very much. I have a problem with our original idea that we were hiring an interim manager while we looked for a permanent manager, and that supposedly, this interim manager was supposed to not be qualified, could not apply for that job. Now I know we discussed that in September or October, whenever it was. Ok. So this pains me to say this, but I think we need . .. . . . .It behooves us as the Trustees to do some kind of investigation and get two or three qualified people and interview them and include Grace as one of those, where before we were saying she would not be able to do that because she was interim, before we make a decision. Because I just don’t think it’s copasetic to do what we’re doing. Now, one of the reasons we made that remark was that we’ve had five managers in how many years? And we’ve never interviewed them, investigated them. We went to George because he saved our tushes during the thing. Tibby, I don’t know, and Steve. We had three . . . . . .There’s something about this process that needs to be correct and the correct process is to interview people, ask them to come and present themselves, and we give ourselves all a hearing as well as Grace. And then we make a decision.
Mr. Klosky moved the question. Mr. Bailey asked if there were any more comments from any of the Trustees. Mr. Keegan commented that while some of the Trustees were concerned with employees not getting benefits, my main concern is that she has 5 weeks left on this interim contract and we don’t have even the standards of who we want, but I know she’s saved us money. It would have cost us $88,000 just doing the work setting up the system to get the chart of accounts. We can always remove a manager once they’re there, but we don’t have the time when our Bay is in financial almost ruin to go out and look for a manager in the sky. We’ve got to go with what we have and get the Bay on the road to recovery.
Ms. Weglein: I’ve had several long conversations with Grace on a lot of the situations here. Some of the things she’s been doing, we should have been doing for years, one of which is the payroll. Why it was ever brought back into here to me was probably the most stupid thing this Bay has ever done. You can outsource that to a company and you’re saving thousands and thousands and thousands of dollars. I’m glad she’s doing that sort of thing. The maintenance building will be discussed later. I think we’re in a very turmoil time in our lives here in Barefoot Bay. We’ve gone through a year of problems that kept building. We don’t even know how deep they go. I would like to say at this point, I know there’s a motion John that you have on the floor; but I would like to ask you whether or not you might change that and that at this point, we at least let Grace stay on through this next audit that we have to come up, which will probably be 4 months? Another 4 months? At least give her a chance to get through the audit and get our finances back up so that we know what we have and what we don’t have. At that time decide which way we want to go. But we are going through a period with the finances that we definitely have to have someone here who has been hands on for at least this period of time. I’m sorry. It’s up to John whether he wants to change it or not. Also, we did agree whoever is Community Manager could apply for the permanent position.
Mr. Keegan: I researched the minutes in preparation for my speech on this, and we never made a vote on anything having to do with the interim manager not being able to become the permanent manager and it was only a comment on September 2006 by Bob Carillion. That’s the only thing in any minutes.
Mr. Allan: I want to make sure everyone is aware here I don’t have any problems with Grace applying for the job. For that matter, I’m not saying she’s not probably the best candidate for the job. I’m definitely going to call her on things that I see are inappropriate or out of place. I don’t think that changing someone’s hours from 30 hours to 28 hours just to save even a couple thousand bucks for Barefoot Bay is right. Okay? I don’t agree with that. I would also say I would back 100% having Grace stay here three, four more months. No question about it. That also allows us additional time to go ahead and look for additional candidates. Look, if she’s the best candidate, she’s going to get the job regardless of what I say. But let’s not go and hire her permanently right now without actually . . . … You know, the problem was that George Hunt, a name that nobody likes to hear around here anymore, got hired the same exact way. The same exact way. Does anybody remember that? Everybody loved George Hunt. Oh, he was great, God’s gift. And boo! He got hired. Let’s not do the same thing again. Let’s do the process. Let’s go through, let’s make sure we have as many qualified candidates as we can find and choose the right candidate.
Mr. Keegan: First of all, to amend my motion would require talking to Grace to see if she’s amendable to that. We really don’t want to let her have opportunities to search for other employment. She might need benefits for that extended period just to correct our financial problems. So, [Mr. Allan: with 5 weeks left has she already applied for other jobs?] I don’t go into her personal business. I believe before I would amend that motion I would like to discuss with Grace if she would be amenable to staying on, extending her contract, without benefits for an indefinite time until we finish the audit.
Mr. Bleau: I move the question.
Mr. Bailey: Is there a vote? Or we need to table this.
Mr. Keegan and Mr. Klosky objected to tabling their motion, said they would not amend it, and called for a vote on it. Mr. Bleau commented he moved the question because there was a motion to be voted on and there has been ample discussion.
Mr. Keegan reiterated his motion: I make a motion that we offer Grace Daddario a permanent rather than interim contract as our Community Manager. Seconded by Mr. Klosky. Mr. Keegan asked that each Trustee be polled.
Mr. Ferris Yes Mr. Allan No Motion carried 5 yes 4 no
Mr. Klosky Yes Mr. Bailey No
Mr. Bleau Yes Ms. McCahan No
Ms. Weglein Yes Ms. Donahue No
Mr. Keegan Yes
Mr. Malek requested the Board give him direction regarding the employment contract for Ms. Daddario. Previous contracts for Community Manager have been 2-year contracts, but we need direction from the Board.
Mr. Keegan : In that regard, we should between now and the next meeting have a negotiation with Ms. Daddario for the terms of the contract and then present it to the Board for a vote. Mr. Bailey asked for a second. Ms. Weglein: I’ll second that. Mr. Bailey noted Mr. Keegan’s language did not reflect a motion. Mr. Malek commented one wasn’t needed; the contract should be presented at the next Board meeting for review (January 23rd).
Mr. Allan commented he had a conversation with Ms. Daddario regarding the reserve fund. The auditor had mentioned the Bay would require 3 months worth of operating expenses in the reserve fund. Six months would be better because Barefoot Bay is in a high risk area for hurricanes. Regular monthly expenditures are about $150,000. Ms. Daddario responded there is not provision that she is aware of that transfers money into the reserve fund. The District presently collects assessments. $1.00 goes to Stormwater, $9.00 goes to the capital account and the rest goes into special revenue for operations. Until there is a financial statement that shows various funds and where the money is being spent, either over or under budget, there is no way to know how much is available to take out of the current assessment to put into the reserve fund. Ms. Daddario concurred there needs to be money in the reserve account, and the decision can be made when the financials are available. Ms. Daddario said the current budget may have to be trimmed to find money to put into reserve funds. The only other option would be to raise the assessment fee, which will not be received well in the community. In a government fund, all funds are restricted. When the budget is approved, that is where the money must be spent unless it is brought back to the Board to be redirected.
Mr. Allan replied his point was being made to inform the residents “and this Board” that the reserve fund is inadequate and that because of its inadequacy, “we have basically put this community in jeopardy in case there was something major that happened. Grace has mentioned to me in the past where she’s basically been running a negative balance in the checking account.”
Ms. Daddario responded, “No. That is absolutely against any government . . . . . You never run in the negative. That is a misnomer. He didn’t mean that, folks.”
Mr. Allan: “You had a problem making a payment. We didn’t have the funds. Was that incorrect when you told me?”
Ms. Daddario: Are you talking about when I financed the insurance? That is a normal practice to finance the insurance over a period of time. Yes.”
Mr. Allan: Regardless, we do not have enough money in our reserve fund to cover us in the event we had the high expenditures that came out [sentence incomplete on tape]
Ms. Daddario: But rather than frighten everyone, you need to keep in mind we do have adequate insurance and usually in an insurance policy you also have contingency and continuation benefits as well.
Mr. Bailey requested Ms. Daddario comment on Items F&G, the Golf Maintenance Building. She said when the bids came in for the building; there was about $150,000 in the budget. $20,000 of that money had already been spent on it. The bids were $260,000 and $265,000. Ms. Daddario felt since the District didn’t have $260,000 in the current year’s budget, the Once Source equipment could temporarily be housed in the Property Services facility to get it in out of the weather. Ms. Daddario said that when Trustees come into her office, she reveals everything that is going on with the District and her ideas on a daily basis; she keeps no secrets from them. Collectively, the Trustees she spoke with felt this would be a good alternative. Ms. Daddario contacted Jim Kormondy and Mike Henderson, the two individuals primarily responsible for the One Source equipment.
Ms. Donahue requested that in the future Ms. Daddario come to the Board as a whole rather than polling individuals in her office. Ms. Daddario asked Ms. Donahue not to use the term “poll” since that was not what happened. The request to abandon the Golf building project has been properly place on the agenda for presentation to the Board of Trustees. Placing the Once Source equipment under cover, however temporary, is within the Community Manager’s authority over daily operations.
Ms. McCahan commented she was one of the Trustees who learned of the idea in Ms. Daddario’s office. Ms. McCahan said her first thought was, “We just saved $260,000 on a building down on the Golf course which would not have been that attractive.” Ms. McCahan indicated she fully supports this solution.
Ms. Daddario commented that FEMA sent the District approximately $40,000 towards the maintenance building. During the FEMA audit this week, she petitioned Bob Seibert of FEMA to allow the District to keep the money and apply it to expand the existing maintenance building. He agreed to leave that money with the District since it was to be used for the same purpose.
Mr. Keegan asked who the owner of record of this equipment is. Ms. Daddario responded the District is the owner of record.
Mr. Allan commented there are construction reporting firms that charge nothing to publish bids. He asked that Ms. Daddario consider using one of these firms in the future to subject our bid process to a wider audience.
Mr. Bleau commented that the District had spent $20,000 with Frazier Engineering for the site plan for the maintenance building, and $22,000 to move the 13th Hole on the golf course. He urged the Board to go ahead with the project with a local contractor that might cost less. He suggested cutting out the office and the restrooms. Ms. Daddario commented the only drawings the District has specify a Butler building. Another building would require another set of engineered drawings and another bid package. Mr. Bleau commented many construction firms have their own engineering staff; the District would not have to use Frazier Engineering. Ms. Daddario emphasized that at the Falcon Drive facility the bays are already set up to do mechanical repairs. Mr. Malek said the last directive to staff was to bid the building and put it up; if the Board wants to change the directive, the Board should make a new motion.
Ms. Daddario reiterated she was given a directive to obtain bids, which she did. Low bid came in at $260,000. Ms. Daddario said she needed the Board to decide whether to go forward with the project or “do something else”.
Ms. Weglein made a motion to rescind the previous directive and do not spend the $260,000.
Second Mr. Keegan. Mr. Keegan moved the question. The Board voted 7 yes, 2 opposed. Motion carried.
Mr. Bleau suggested sending the drawings the District has from Frazier out to a larger audience in another bid attempt. He wanted to know if the restrooms and office would be left in. Mr. Allen suggested the District go to Hearndon at the same time.
Mr. Allan made a motion to direct Ms. Daddario to put the building out to bid again, and that she take advantage of Construction Journal, Dodge, and Reid, and his company as well. He also asked that Ms. Daddario call River Grove and Hearndon. Second Mr. Bleau. The Board voted 6 yes, and 3 no. Motion carried.
Mr. Keegan asked what drawings the Bay would use. Mr. Allan replied, “The exact same ones.”
Mr. Keegan asked Mr. Allan, “Would your company like to bid?” Mr. Allan replied, “You know what? We do it every single day. It’s part of what we do . . . . . .” Mr. Keegan said, “You realize you’re a Trustee?” Mr. Allan replied, “Our company does not bid. What we do is publish information about projects that are out for bid. Our company won’t be bidding on it.”
Ms. Daddario commented the District received only two of the three requested on the tennis courts. Mr. Bleau made a motion to accept the low bid of $45,565. Second Mr. Klosky. Motion carried unanimously.
Mr. Klosky referenced the Home Owners Association letter dated January 3rd. Mr. Bailey asked Mr. Klosky to compile a list from the HOA members who would be attending so the Board of Trustees could become familiar with the issues to be discussed. Ms. Weglein suggested the meeting could take place in the first meeting in March. Mr. Malek suggested the meeting take place in the format of a workshop.
Ms. Weglein made a motion to purchase a clock for the table being used by the TV crew. Second Ms. Donahue. The Board concurred unanimously.
Mr. Malek asked that the appeal on 1036 Barefoot Circle be heard under “Old Business” and removed from the agenda under “New Business”. Mr. Bailey granted the request.
Scott Walker, Esq., appeared as the attorney for John J. McCool, Jr., owner of 1036 Barefoot Circle. Mr. Walker cited State statute 418.30, Subsection 8 as Bay’s document authorizing inception. Section 162 of the Florida Statutes grants authority from a public grant. He contends that Barefoot Bay is not legally a county or a municipality. Because of this, he contends further that the District does not have the right jurisdictionally to issue a Code Enforcement lien in the matter of a lamp post. Also, Barefoot Bay’s Deed of Restrictions did not require a lamp post until 1999, whereas Mr. McCool bought his house in 1993. Mr. Walker contends the purchase is “grandfathered in” as a matter of existing case law.
Mr. Keegan to Mr. Walker: Are you putting forth that once a residence is established that no regulation or restriction could be passed that would apply to that residence?
Mr. Walker: No. I’m not putting forth that because there are regulations that come into effect that alter the health, safety and welfare of certain . . . . . . . There are building codes that come into effect, there are certain restrictions or regulations that we all have to adhere to. I would contend to you that the aesthetic requirements of a lamp post do not rise to the level of a health, safety and welfare regulation.
Mr. Keegan: If I were to put it to you that all the lamp posts collectively provide light in the community and therefore it’s a safety issue, would you agree with me that that’s alright?
Mr. Walker: I assume we all understand that is an ultimate [objective] that you would have, that that’s certainly the basis for your regulation. It is certainly an objective this council would have. But I contend that does away with my client’s private property rights and his constitutional interests.
Mr. Keegan asked Mr. Malek what the consequences of our vote would be to his request to appeal. Mr. Malek responded, “This Board is really only authorized to determine whether or not the decision by the Violations Committee was correct or incorrect. If you feel it was incorrect, then you overturn their decision and send it back to them. Or, if you determine it’s correct, then you uphold that position. Mr. Walker’s next move would be to file for injunctive relief with the 18th Judicial Circuit.”
Ms. Donahue asked if the Bay could just buy the man a lamp post. Mr. Walker commented his client would grant an easement to install one. Mr. Malek commented this Board is not authorized to make that kind of deal. This Board is only going to determine whether the Violation Board’s decision was correct. Mr. Malek commented Mr. Walker’s argument presented each side of the question accurately. However, the prevailing party will most likely be awarded attorney’s fees in this particular case.
Mr. Keegan made a motion to uphold the Violations Committee. Second Ms. McCahan. Motion carried: 6 yes, 3 No.
Ms. Weglein made a motion to go ahead and completely resurface the pool decking using Pool Doctor, the low bid contractor. Second Mr. Bleau. Motion carried unanimously.
CEB #471-06-06 807 Hyacinth Circle. Mr. Austin commented there were extenuating circumstances attached to this case. Recommends reduction of fine to $214.14 which covers the cost of getting compliance. Mr. Keegan made a motion to accept the recommendation. Second Mr. Allan. Motion carried unanimously.
CEB #359-12-05 879 Pecan Circle. Mr. Austin recommended reducing the fine to actual costs of $209.13. Mr. Keegan made a motion to accept the recommendation. Second Ms. Weglein. Motion carried unanimously.
Ms. Daddario commented everything in her report had been aired in the meeting already.
Mr. Malek commented he attended the Legislative meeting regarding the Barefoot Bay charter. The Brevard legislative group voted unanimously to present the charter amendments. The local Board granted an exemption to decrease the Board of Trustees from 9 to 5 members; to increase the spending limit from $25,000 to $125,000. The provisions, if legislatively approved, will be subject to referendum.
Mr. Malek is working with Mr. VanGenechten of the Environmental agency regarding the trees at Building A.
Mr. Malek attended a meeting with Ms. Daddario and representatives from Frazier Engineering regarding the weir bridge. They shot the surveys from a faulty benchmark. Brevard County is meeting with them to determine how to correct the situation. Mr. Zechary from Frazier agreed most bridges and catwalks go up rather than down, creating a problem for wheelchairs and bicycles.
The legal office filed an eviction suit on Barefoot Bay Laundromat for 5 months arrearage of rent. The equipment will be liened.
637 Hyacinth Circle: the Board of Trustees agreed to reduce fines as long as the property was brought into compliance before it was sold. The property was sold and is still not in compliance. The legal office sent a letter to the new owners.
406 Raven: the owner entered into an agreement that the house would be demolished and the lot sold to pay off the liens owed to Barefoot Bay.
942 Jacaranda: the Barbour lawsuit is ongoing.
200 Calico Court: the IRS agreed to respond to the legal office in February.
918 Laurel Circle: the house was demolished, the owner fulfilled the terms of agreement, and Barefoot Bay has filed release of lien.
922 Hemlock: the Board refused to reduce the fines. The owner contacted the legal office, which requested her wishes in writing. To date nothing has been forthcoming.
Mr. Ferris requested he be authorized to convene a committee to help with the changes that need to take place in the RV and storage lots. Mr. Ferris said he will facilitate the committee and coordinate the effort. The Board concurred.
Mr. Klosky reported the Home Owners Association meeting discussed insurance reform. Anyone wishing to know more about it can contact Pat Clark. The clubs are hosting a “getting to know you” event in Building A on January 27. The Valentine Dance is February 10th in Building A.
Mr. Bleau reported Tom Guinther is now the Golf Committee Chair. The tee-boxes are flat. All the bunkers have been rebuilt with new drainage and sand. The lake bank on the 9th Hole is fixed. Golf revenue increased over 13% without an increase in dues over 2006 prices. The Barefoot Bay course was named the best executive course in Brevard County by the readers of Florida Today.
Rob Allen reported the Violations Committee still needs two alternates. He attended the December 13th meeting of the Violations Committee. Mr. Allan complimented their professionalism. “Additionally, I would ask you at the same time to please take to heart what I said that the people you work with are the heart of our community. They really do want their jobs and they want to be a part of something that is better and bigger than a lot of other places they could go to. We don’t want everybody to leave. I know there are certain individuals that you definitely do like and at the same time, I would just simply ask that you take that to heart. You don’t need to respond to that.”
Ms. Daddario: “No, I would respond to you in general. I know I’ve spoken to you many times about this. You never come to my office and question me. You said several things this evening that were absolutely untrue, and if you would take the time to come to my office I would give you all the documentation you would like on any issue you would like to discuss.”
Mr. Allan: I will take you up on that.
Ms. Daddario: You said that at the last meeting and it didn’t happen. I’m going to ask you again. Please give me that courtesy. I will give it to you.
Mr. Allan: Remember that when I had an opportunity to bring things up in front of . . . . . . I don’t have an opportunity to talk with everybody here unless I do it here.”
Ms. Daddario: You have an obligation to speak the truth. You don’t know the truth until you come and find out.
Mr. Allan: I can only go based on what other people tell me. Are you telling me they’re lying to me?
Ms. Daddario: Exactly.
Mr. Allan: Well, Grace. Realize there is more than one opinion on certain things.
Ms. Daddario: Exactly. And you have failed to find the other side of it.
Mr. Allan: It went to a vote very quickly here. I had to bring up what I had at the time, Grace. I didn’t have the opportunity to come to you because I only was able to find this information out very shortly. So we will have a conversation about it so that we can discuss it. Thank you. And congratulations again, Grace.
Ms. Weglein commented she had given Mr. Bailey the report he asked for and what was in it had been discussed in the meeting.
Mr. Keegan commented he wished more people were present because of rumors flying about the Bay regarding Food and Beverage. The District has not issued an outside contract for the 19th Hole. The Food and Beverage manager was let go for cause. The operation of food to alcohol is about 4 to 1, so we have to look at the one that is losing money. If the District is losing a big amount of money in food, [we] may have to outsource and find a provider for the 19th Hole up to the standards we expect.
Mr. Bailey commented he was investigating the Bay’s long range plan and would report on it when he was finished. He wanted to present his findings at the meeting with the Home Owners Association.
Sue McCahan commented a lot of old shrubbery was taken out at the Shopping Center and the ground is being leveled out. The District is soliciting landscape bids in that area only, assisted by Carolyn Cofer, a master gardener and a District employee. A sprinkler system is being installed. The sidewalks are being painted.
Ms. Donahue said “she had a really good day”: Pool 2 resurfaced, and the tennis courts bid approved. Pool 1 is maintenance driven. Ms. Donahue expressed her concerns about the lack of Code Enforcement in the field at night. Mr. Malek commented Code Enforcement does not do security; that is too much liability for the Bay. Ms. Daddario commented she was looking into off duty policemen who have arrest power. She said residents feel a security company would not provide enough protection. Ms. Daddario commented another option, suggested by Mr. Allan, is surveillance. The facilities staff has been scheduled so there is someone to lock up at night after all the clubs are finished in the Building A complex. Ms. Weglein commented crime is the Sheriff’s responsibility but crime is escalating in the Bay. Ms. McCahan commented Sheriff Parker his staff they should be out on the road or in the substation using the computer and writing reports. The Sheriff gave Barefoot Bay 3 cars, then he went away. Mr. Klosky reported his house was robbed when he went north for the Christmas holidays. Mr. Bailey commented the Bay may have to “eat that one” and come up with the money for the off duty police before someone gets seriously hurt.
Robin Phillips requested the DOR mailing be expressed in simple language everyone could understand. Ms. Phillips said the Youth Club needs volunteers for their activity January 16th. The are raffling a new mantel clock at their club gathering as a fundraiser. She urged the kids to bring their friends.
Raymond Macht, Proprietor, 2002 Restaurant. Mr. Macht urged Barefoot Bay to get together and get Sheriff Parker to pay more attention to crime in Barefoot Bay. He said he had experienced more crime here than anywhere else he had been in business. Mr. Macht commented that when his lease was originally signed, he was promised a “no competition” clause from the 19th Hole. He feels that because the 19th Hole is subsidized he cannot compete. Mr. Malek requested the Board allow him to work on this issue with Ms. Daddario and “bring a report back to the Board at the next meeting.” Mr. Bailey consented.
John Barry commented on the Food and Beverage deficit.
Dale Page commented Code Enforcement is supposed to enforce State and County codes, not Deeds of Restriction. Mr. Malek stated the District has a Violations Committee, not a Code Enforcement Board, and is organized under Section 162 of the State Statute. It is not Code Enforcement. Mr. Page said Ms. Voltz told him and application for street lights, if the Bay wanted them, had to be submitted to the County Commissioners by the end of 2006. Ms. Weglein responded this information had not been made known to her.
Mr. Bleau commented Brevard County is now paying the electric bill for the streets lights in Barefoot Bay by an agreement made when Tibby Parker was community manager. Mr. Page said he would return to the Commissioners and get more information.
Mr. Bailey entertained a motion to adjourn. Mr. Bleau made the motion to adjourn. Second Ms. Donahue. The meeting adjourned at 7:53 p.m.
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