Minutes for January 13, 2006
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DRAFT
Board
of Trustees Regular Meeting
Friday, January 13, 2006
The Barefoot Bay Recreation District held a regular meeting on January 13, 2006 in Building D&E, Barefoot Bay, Florida. Madame Chairman Wilma Weglein called the meeting to order at 1:00 p.m.
Ms. Weglein requested a special prayer for Mr. Helmerich and his family and our troops where ever they may be serving in the world. Amen
Ms. Weglein led the Pledge of Allegiance.
There were 78 people in attendance.
Ms. Weglein called the roll. Mr. Smith and Ms. McCahan were excused. Mr. Torpy was present as counsel.
Ms. Weglein entertained a motion to accept the minutes of December 9, 2005. Ms. Donohue made a motion to accept the minutes. Second Mr. Bolon. The motion was carried unanimously.
Ms. Donohue commented she had no report to give at this time. Ms.
Donohue expressed her interest in learning the District’s financial computer system.
Mr. Torpy suggested the program be set up as “view only” and each trustee who
wishes to access the program should be assigned a user number. Mr. Bleau commented the
financial reports were the province of the Financial Manager and should be left there. Mr.
Bailey commented all the Trustees would benefit from knowing how and where the financial
reports come from. Mr. Carillion and Mr. Bolon concurred with Mr. Bleau. Ms. Weglein
suggested that the treasurer and the assistant treasurer be the only ones to access the
financial information since they are the ones responsible to present the reports. Ms.
Weglein directed Mr. Hunt to set up the system so Ms. Donohue and the assistant treasurer
may access financial information on a “view only” basis . Mr. Torpy commented it
should be made clear the Board is not delegating responsibility to Ms. Donohue to gather
information from the computer and provide you [the Board] with the financial reports. That
has been delegated to your Manager, and that’s his responsibility.
Mr. Hunt commented IMS and MIP have met with the auditors. The auditors will attempt to run statements in the early part of next week. Mr. Hunt thanked Ms. Weglein for her participation in the process. Ms. Weglein commented the information gathered would complete the general ledger, which is necessary to complete the audit. IMS revealed a filtering system which filters out unnecessary information when a report is run, and caused the computers to freeze, rather than crash. The target date is February 28th to complete the audit, and to report on it in March, 2006.
Pat Webb commented that one of her clients owns a home at 104 Fig Court which was built in 1985. The owner was served with a notice to wrap all wood parts of the structure in aluminum or vinyl. Ms. Webb contacted Brevard County. The County advised her that anything over 15 years old is “grandfathered in”. Ms. Weglein suggested Ms. Webb return to the next Board meeting, when the amendments to the DOR will be presented. Ms. Webb commented she has a buyer who will not accept the home unless it complies with the DOR, and a seller who doesn’t want to do it because all of a sudden the rules changed. Ms. Webb requested a letter from the Board stating the requirement for compliance so she can use it as a tool for negotiating the price of this home.
Mr. Torpy cautioned the Trustees Board regarding writing letters when the Code Enforcement division has contacted the owner of the property. Mr. Hunt’s office may need to look into the matter.
Ms. Webb commented she had been to the Code Enforcement Board about this, and they sent her back to the Board of Trustees. Ms. Webb commented she has a contractor with her who states treated wood cannot be wrapped. Elmer Light, the contractor, commented he had been to Brevard County and they concur with this view.
Mr. Bleau commented he had been to the County and knew the County objects to wrapping any kind of wood. It violates the Florida construction code. Ms. Weglein suggested Ms. Webb see George Hunt.
The discussion with 2002 Restaurant has been delayed. Mr. Carillion asked about the status of the plan concerning whether One Source or someone else is going to groom the ball field. Mr. Hunt responded that is still in discussion.
Mr. Bleau presented Mr. Hunt with 8-10 pages of photographs of the Dottie Lane project. Mr. Bleau commented the contractor had been given an 18-day extension. Mr. Hunt responded the contractor might need another 6 or 7 days. The canals are filling up and an algae bloom may be imminent.
Mr. Bolon commented that the gentleman who expressed concern about the weir project at the lake might have been correct. Mr. Bolon believes there is a problem and he has taken his information to Mr. Hunt. The weir is too low.
Mr. Bleau asked if the lawn bowling question had been taken care of. Mr. Hunt responded that it had.
Mr. Hunt commented the park-wide aluminum bid is $91, 314 from Palm Bay Aluminum Corporation. It includes a number of individual options that the District is recommending to the Board.
Mr. Bleau commented the bid for Option 2 at the Post Office/Peddler and Utility building is $1,792.00 for the purpose of matching the soffit and 86 linear feet of the materials. Mr. Bleau could not understand why the County had not come forth, since there is no ventilation in this building. Mr. Bleau favors Option 1 in the proposal.
Option 2 at the Community Center is $36, 514.00. The single option at the 19th Hole/Pro shop is $27,238.00. Mr. Bleau commented he does not know how old the Pro Shop is, and the District replaced the 19th Hole already. Mr. Bleau asked Mr. Hunt if FEMA is involved in this proposal. Mr. Hunt responded that $20,000 of the money would come from FEMA. The District has some discretion as to where the money will be spent. Any one of the projects can be modified.
Mr. Bleau commented the single option for the Playground/Maintenance Facility/Fuel Tanks is $5,966.00, $2,072.00, and $2,432.00 respectively.
Mr. Bleau commented Option 1 at the Shopping Center Restaurant (2002) is $10,130.00. Mr. Bleau objects to spending that kind of money to build an 18-foot canopy that will cover up the trash that’s behind the restaurant.
The single option for the shopping Center Gutters is $4,669.00.
Mr. Bailey commented that there is a time limit for using the hurricane money. Mr. Hunt responded there are time references regarding FEMA’s $20,000. Specifically, on March 15th the District will have to extend deadlines. The other money is insurance money that can be used at the Board’s discretion. Mr. Bleau commented the proposal on the Peddler/Utilities building should be returned to Mr. Hunt and the single option on the Pro Shop. Mr. Bleau advocated approving the option on the Community Center and the 3 items in the Playground proposal. Ms. Weglein asked if the contractor would object to doing the project piece meal. Mr. Hunt responded he go to the contractor and find out. Mr. Bleau requested that Mr. Hunt check with Brevard County building department concerning 2002 Restaurant. Mr. Bleau feels the alleyway is not part of the restaurant.
Mr. Bleau made a motion that Mr. Hunt contact the county to ascertain if 2002’s use of the alleyway for restaurant equipment is legal. Second Mr. Bailey.
Mr. Carillion commented other restaurants he knows of have refrigerators and freezers outside their premises. Mr. Carillion stated he is not comfortable bringing the County in on this. Ms. Donohue commented Mr. Macht had told her that when he took over the property there was a carport type awning over the space in question as far as the grease pit. It is also the law the restaurant has to have a grease pit. The hurricanes ripped the awning off. Ms. Donohue feels this is part of the Bay’s responsibility because this is part of Mr. Macht’s contract. Mr. Hunt responded it was his understanding the materials present when Mr. Macht signed his contract were part of the deal. That is what the District has been seeking to replace. Ms. Donohue reiterated that this is what is contained in the Palm Bay aluminum proposal. Mr. Hunt concurred. Mr. Bailey suggested getting the issue out of the way once and for all.
Mr. Carillion requested that the recording secretary read back the
motion. Ms. Weglein called for the vote. 4 were opposed, 2 voted aye. Motion
failed.
Ms. Weglein directed Mr. Hunt to talk with Mr. Macht and return his findings to the Board at the next meeting.
Mr. Carillion made a motion that Mr. Hunt should find out if
Palm Bay Aluminum will perform the project piece meal, and to put the Playground option
with the Community Center option, and the fuel tanks and the 935/937 Barefoot Boulevard
gutters. Second Mr. Bailey.
Mr. Bolon clarified that Hurricanes Jeanne and Frances had blown material out of the roof at the Peddler, and being the US Post office, a temporary fix was effected by Property Services to protect the post office and keep service uninterrupted.
Mr. Carillion amended his motion to include the Peddler building. Mr. Bailey amended his second. Motion carried.
Mr. Carillion made a motion to contract for the work on the
Pro Shop for $27,238.00. Second Mr. Bailey. Motion
carried
Mr. Carillion requested that Mr. Hunt look into the Shopping Center as soon as possible and have a report back to the Board at the next meeting.
Mr. Hunt commented that Item 8 B. is his proposal to recirculate some of the money being saved by dissolution of Mr. Norris’s position and to put it back into the custodian and maintenance worker positions. Ms. Donohue commented the proposed 10% pay raise be raised to 20%. Mr. Hunt commented [we] felt the 10% was adequate for supervisors. Ms. Weglein clarified that the 10% applied to Mr. Dobrochowski. Mr. Hunt commented the workers are to received about 12%. Ms. Weglein reiterated that the 10% is for one person. Ms. Donohue asked about the crew chief. Mr. Hunt responded that will fall somewhere between the two. The 60 cents and the 40 cents comes out to about 12% for the rank and file. This does not include pool hosts. Ms. Donohue would like to see a minimum of $9.50 an hour. Ms. Weglein commented it might be useful to review the existing payroll. Ms. Weglein is concerned about the pool hosts, who sit out in all kinds of weather and make $6.46 an hour. Mr. Carillion is annoyed when he visits Home Depot and sees many former Barefoot Bay employees. He says the Bay is going to have to “bite the bullet” in order to keep employees. Ms. Weglein requested a list of current positions and what each position is paid by job description for the next meeting.
Ms. Donohue made a motion to table the issue until the next meeting. Second Mr. Carillion. No vote was taken.
Mr. Hunt commented he and Ms. Weglein had met with Representative Poppell approximately a week ago to discuss the proposed charter amendments. Mr. Poppell requested additional information and discussed scheduling. The earliest the charter could make the ballot would be November. Ms. Weglein commented she and Mr. Hunt were also trying to meet with Mr. Haridopoulos.
Mr. Torpy commented that outside of his regular report, the rest of his information would come under Item 11 regarding Code Enforcement issues. His office has been involved in the concerns about the audit. Ms. Weglein requested whether Mr. Torpy found out the District has to go out to bid on the Pier. Mr. Torpy responded that because of the dollar amount involved it was decided to go out to bid. Mr. Bleau asked if there was a tentative date on which the District would go out to bid. Mr. Hunt responded a meeting with FEMA is necessary before he can bring the proposal before the Board, but he hopes that will happen before the next Board meeting.
Mr. Carillion commented on the selection of a “shop steward”. Mr. Carillion feels that because the District is not unionized, the phrase “shop steward” should not be used to describe that person’s duties. Mr. Carillion is not comfortable with appointing a supervisor for the task of arbiter. Ms. Weglein commented the original idea was to have a completely neutral party to act as arbiter, perhaps even a resident. An outsider. Mr. Hunt commented that if the employee’s problem were with Mr. Reilly, that employee would then go to Mr. Dobrochowski. [ Dobie]. Mr. Hunt is performing the function of Human Resources; Sue Enslow performs the technical aspects of payroll and insurance.
Mr. Bolon commented that from this date forward the public aspects of Code Enforcement will be posted on the Code Enforcement bulletin board at the Building A complex. The Code Enforcement Board continues to push for compliance with the Bay’s lamppost initiative. There have been 131 violations issued for lampposts. To snowbirds, when you go North, have someone take care of the flowerbeds and shrubs around your house. Last year 600 violations were issued and then people had to make arrangements from up there. Mr. Bolon requested the Board direct Mr. Torpy to draft language dealing with instant fines for parking on the grass. Commercial vehicle parking is a problem. Code Enforcement fines: one property owner owes the Bay $11,150. If the property can be sold before the fines are paid, “there goes the system.” Mr. Bolon commented the District needs language to define how many people can live in a single-family dwelling.
Mr. Torpy commented that until there is an amendment to the DOR, the commercial vehicle issue is problematic. The definition of a commercial vehicle must be made clear. There is no method for simply showing up and issuing an instant fine for parking on the grass. There is a way to deal with repeat violators. Being brought before the Code Enforcement Board for the second time and then given a $500 a day fine the instant a repeat violation is observed, will send a very strong message throughout the community. The Board can sue to collect the $11,150 that has accrued in Code Enforcement fines. Brevard County has an ordinance that defines the parameters of what a single family is. With extended families, the whole concept of what a single family is. Six adults and four children do not sound like a single family. It becomes a Brevard County zoning issue, and the Bay would have to work with Brevard County to establish a violation.
Mr. Torpy commented the Code Enforcement Board finds in violation and sets the amount of the fine and the day it commences. It is up to the staff of Barefoot Bay to obtain an order, monitor whether someone complies or not, and come back to the Code Board with the number of days the violator hasn’t complied, and sum up the money owed. From that point on, a lien must be filed or the violator must be sued to collect the fine. Mr. Hunt must make those decisions.
Mr. Austin commented when the Code office receives a finding from the Code Board, staff files a document stating non-compliance. Staff monitors the property and files an order of compliance with the Clerk of the Court. Mr. Torpy commented in that process and lien is being created. The process needs to be proofed so that procedurally no one can challenge it.
Mr. Bolon commented on several high dollar cases. Mr. Torpy responded that if the property owner has no money, the question becomes one of how much the Board wants to spend in Mr. Torpy’s office pursuing the claim. These are case-by-case decisions. Mr. Torpy feels these cases should come back to the Board before they come to him to ascertain all the facts and make an informed decision. Mr. Torpy suggested that Mr. Bolon bring him the list he’s concerned about, and with Mr. Hunt’s assistance bring a report back to the Board.
Mr. Bailey made a motion to have Mr.
Bolon bring the cases to Mr. Torpy, and with Mr. Hunt’s assistance bring a report
back to the Board. Second Ms. Donohue. Motion carried unanimously.
Mr. Bolon commented at the Code Enforcement hearing there were 10 new cases. He complimented Mr. Austen on progress. Thank you to the Code Enforcement Board for their diligence and the time they put in.
Mr. Bleau commented on the report submitted December 2nd regarding Code Enforcement activity for November 2005 wherein the State’s Attorney General thinks Code Enforcement may not be an appropriate method for use by recreational districts.
Mr. Torpy responded that Holiday Park’s citizens wrote a letter to the State’s Attorney General asking if they could use the code enforcement 162 process to enforce the Deed of Restrictions. The Attorney General said no because 162 refers to counties and municipalities and there doesn’t seem to be authority for recreational districts in 162. The District’s DOR gives the Bay specific authority to have a committee to enforce your restrictions. The District’s Code Enforcement is identical to the 162 process.
Mr. Bleau questioned whether staff has to be certified if the authority comes from within the District. Mr. Torpy responded that certifying code enforcement officers in bring one all over the state to make sure your officers are doing things correctly. Certification implies training. While it is not required, it is certainly a good idea.
Mr. Carillion commented Thelma Gruseck has successfully completed a course in the Administrative Aspects of Code Enforcement, and is scheduled to take a course in Fundamentals of Code Enforcement. The Code Enforcement department is proud of Ms. Gruseck’s achievement. Mr. Carillion warned the residents again about a couple of unscrupulous contractors. Mr. Torpy commented that anyone having trouble with a contractor may contact Brevard County’s bureau of licensing and enforcement.
Mr. Carillion read the ARCC report for December 2005. New homes coming into the Bay, 12.; fences 1; roof, 17; siding 11; skirting 4; windows 1; wooden deck 1; concrete 1, gutters 2. Total number of applications: 128. Mr. Carillion commented the County permit to widen a driveway is $350 and he feels this is an unnecessary hardship. The permitting department didn’t know about the driveway permit.
Mr. Bailey commented 118 work orders were issued, 107 were completed. There will be daily work schedules in effect again. One is daily routine maintenance needed; extended concrete slabs in the playground shelter area; revamp play area and horse shoe pits; Pool 3 parking lot; refurbish port-a-potties and bring to tennis court; replace fence at Egret at the turn in the road; surveys to have the well in front dug will commence when the permits are received. Mr. Bailey has scheduled a meeting with Mr. Hunt regarding maintenance and custodians. Ms. Weglein commended Dobie for the work he’s been doing on the entrances to the roads coming into the Bay.
Ms. Donohue commented the tennis club would like to have the windscreens put up. Ms. Donohue proposed maintenance could put up the screens December 15th and take them down again for hurricane season. The fencing company needs to replace the gates and locks in the perimeter of the courts. Mr. Hunt commented the District is meeting with representatives of the tennis club and Property Services Division on the 19th to agree on a procedure for putting up the windscreens and taking them down again in the event of emergency. Those windscreens did a lot of fence damage during the last two hurricanes. Mr. Bailey urged the Trustees to go into the office and make out a work order for whatever you want done. Then it gets done in an orderly manner and there’s a record of it. Ms. Weglein asked that the windscreens be up by Tuesday. Mr. Bleau commented some of the screens needed to be repaired before they could be put up.
Ms. Donohue commented that residents should require anyone who does work on their house to have a license. This is required in Barefoot Bay.
Ms. Weglein invited those parties interested in applying to the Board regarding the vacant seat to submit a cover letter with a resume attached by February 3rd to Mr. Hunt in the Administration office. Interviews will take place at the regular meeting on February 14th.
Ms. Weglein entertained a motion to
nominate someone to fill the position of Second Vice Chairman. Mr. Carillion nominated
John Smith. Second Mr. Bailey. Mr. Bolon closed the nominations. Motion carried.
Ms. Weglein talked with Commander Petty and Commissioner Voltz regarding the vandalism in Barefoot Bay and received a copy of the precinct report that covers December 1 to January 8th. Ms. Weglein requested a copy of the report once a month. If you see something suspicious would you please phone the sheriff’s department.
Regarding Legislation, this past week the group has been going to the Planning and Zoning meetings. At this level, information is gathered before it goes to the Commissioners for voting. The condos slated for US 1 have been tabled until March. The traffic lines have been painted on Barefoot Boulevard. The no parking on the street from 2 am to 6 am have been installed. COPS can now write tickets.
Jim Malatos commented on Monday night in D&E at 7 pm there is a panel discussion with the Citizens Coalition to Save Brevard County. An email from Commissioner Voltz to Vicky Benoit, the head of the Coalition, says there is no master plan for South Brevard County. Mr. Malatos objects to further development when most of the developers plan to tap into Barefoot Bay’s water plant. The aquifer is suffering now. It’s time for the County to take hold and find alternative methods for development.
Ted Firlein brought the Board’s attention to the fact that the Code Enforcement Baord has no alternates. Ms. Weglein invited interested parties to submit a cover letter and resume to Mr. Hunt’s office.
John Barry would like to see the streets swept when a new home is brought in because lots of dirt turns to lots of mud in a rain.
Ed Keeley commented objects to employee raises and feels Barefoot Bay should not compare themselves to Home Depot in the employee market.
Jim Short thanked the District for all the work that has been done on the ball field. Mr. Short commented there is a big screen at the ball field that could be taken down when a hurricane is imminent and save fences at the ball field, too. Mr. Short requested the speed limit be observed the Bay since there are no sidewalks. Mr. Short suggested to the County that they stop the burning in the new developments. Mulch the material instead and stop the pollution. He objects to the quality of the drinking water in the Bay.
Ms. Weglein said she’d talk to Ms. Voltz’s staff regarding these issues.
Ms. Weglein entertained a motion to adjourn. Mr. Bolon made the motion to adjourn. Second Ms. Donohue. The meeting adjourned at 3:40 p.m.
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