Minutes for January 22, 2008
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DRAFT
Board of Trustees
Meeting
Tuesday, January 22, 2008
7:00 p.m. – Building D&E
The Barefoot Bay Recreation District held a regular meeting on January 22, 2008 in Building D&E, Barefoot Bay, Fl. Chairperson Wilma Weglein called the meeting to order at 7:00 p.m.
Ms. Weglein said conditions in our country and the decisions that we have to make in the next weeks and months are very important for the country and the economy. We hope the leaders that are elected will be ones who will help us get out of the situation that exists right now. Ms. Weglein requested prayers that our servicemen will return safely and very soon.
Pledge of Allegiance
Ms. Weglein led the Pledge of Allegiance to the Flag.
Ms. Crouse called the roll. All Trustees were present. Mr. Repperger was present as counsel.
Approval of Minutes
Ms. Weglein entertained for a motion to approve the minutes of October 23, 2007. Mr. Peet made a motion to accept the minutes. Second Mr. Farrell. Motion carried unanimously.
Treasurer’s Report
Mr. Guinther read the treasurer’s report. (Attached for reference.) Mr. Guinther said if any residents had questions about the Treasurer’s report or the financials on the public table to contact him. Mr. Guinther is working with Mr. Alford of the District’s financial department on figures for the upcoming budget. Mr. Guinther provided direct deposit forms and encouraged residents to sign up; he said there is no charge at the banks for deducting the assessment from [your] checking account. Mr. Farrell made a motion to accept the Treasurer’s report. Second Mr. Klosky. Mr. Ferris noted Wachovia Bank took over Bank of America January 1, 2008. He urged the Board to check out interest rates that may be affected in the merger. Motion carried unanimously.
Bank of America informed Ms. Weglein the bond payment, with interest, amounts to $679,395.76 to January 31st. Ms. Weglein requested approval to transfer $650,000 out of the SBA #33 account, leaving $8,768.59 in the account to keep it open. Ms. Weglein requested authorization to leave $29,395.76 of the $192,000 approved for the money market account in the operating account to pay the bond note. Mr. Guinther made a motion to grant Ms. Weglein’s request. Second Mr. Peet. Motion carried unanimously.
Add to the agenda: Mr. Klosky, New Business, ARCC Policies and Procedures. Under Unfinished Business, quarterly review of the FY 07-08 budget.
Audience Participation (Agenda Items Only, 3 minutes Maximum)
Walter Belanger requested to know where the assessment collections would appear in the Treasurer’s report and how to know what the outstanding assessments owing would be. Mr. Belanger also wants to know how many liens have been turned over to the attorney for collection. Ms. Weglein suggested Mr. Belanger visit Building F to speak with Diane Sauls or Vicky Hay.
Unfinished Business
Management Company Contract: Mr. Repperger said the agreement presented this date incorporates the changes the Board and SDS wished to have made. Mr. Repperger discussed and explained the “final edits” to the Board and SDS. Mr. Bleau made a motion to accept the agreement as it has been presented pending approval by Special District Services, Inc. Second Mr. Allan. Mr. Wodraska asked for clarification of the insurance clause regarding “primary” and “contributory.” Mr. Repperger explained where there is other coverage, that coverage should operate over [our] coverage as “primary”. Ms. Crouse questioned the $5,000 a month management service. Mr. Repperger explained that amount is paid only when and as long as there is no Community Manager on site. Mr. Farrell recused himself from the discussion and will provide a memorandum to the Recording Secretary to include with the minutes of this meeting. Mr. Guinther commented the Board of Trustees need the minutes in less than 30 days. Mr. Repperger explained that is an internal policy decision because its in-house staff that prepares the minutes. This is not a contractual obligation. Mr. Allan spoke up for in-house staff and pointed out a few cogent facts. Mr. Guinther asked if the “fringes” would be $30,000 annually. Mr. Repperger replied that SDS had said if they could hire a Community Manager as a “lower salary” the savings would be passed on to the District. Mr. Wodraska commented the “fringe” was a “pass through” as a negotiating tool with the Community Manager candidate.
Mr. Repperger said he wished to take the word “and set off” out of Section 6’s title and add “insurance and indemnification”. He wants to write in “60” before “60 days” regarding the Community Manager search. Mr. Bleau amended his motion to include these changes. Mr. Allan amended his second. Mr. Bleau moved the question. Motion carried unanimously.
The Board agreed to meet one hour before the regular meeting on February 8, 2008 to interview Community Manager candidates.
Resolution 2008-01: Mr. Allan made a motion to take Resolution 2008-01 off the table. Second Mr. Farrell. Motion carried unanimously.
Mr. Guinther made a motion to reduce the number of members on the Violations Committee from 7 to 5. Mr. Repperger alluded to the motion that had originally been made for adoption of Resolution 2008-01. [Attached reference: December 14th, 2007 Board of Trustees minutes shows Mr. Farrell making the motion. Second Mr. Allan] Mr. Repperger requested the motion maker include Mr. Guinther’s request as an amendment. Mr. Farrell amended his motion. Second Mr. Allan. Ms. Weglein expressed concerns about the concept of “subpoena” and asked if the Violations Committee had that authority. Mr. Repperger said within Chapter 162, the part that relates to municipal code enforcement, allows special magistrates and Boards to subpoena witnesses to their hearings. Mr. Peet agreed with Ms. Weglein: the language is unclear in Resolution 2006-1 and the concept doesn’t apply because we’re not a municipality. Mr. Repperger proposed to change the language to “request” in the second bullet point under #4 and asked for an amendment to that effect. Mr. Ferris objected to the use of [Chapter] 162. Mr. Repperger replied the District is not utilizing [Chapter] 162 any more. The essence of the issue is to establish and implement an administrative remedy for DOR violations. Resolution 2008-1 appropriately preserves rights of due process to respondents. Mr. Peet commented the language is “lot owner” not “homeowner” or “resident”. Mr. Farrell requested “lot owner” be put in Resolution 2008-1. Mr. Allan requested that “lot owner” and reduction of the Violations Committee to 5 members be made a part of the motion. Mr. Farrell accepted the amendment. Mr. Allan seconded the amendment.
Mr. Repperger: In my opinion, it’s a good idea with a quasi-judicial process to have an attorney there to advise the Committee in order to keep some control. At least to advise the board when they have legal questions about what they are doing. The Violations Committee is a public advisory meeting; I have not seen one meet without Counsel present.
Mr. Guinther was at the January 16th Violations Committee hearing; they heard 15 cases and did not need an attorney. Mr. Repperger replied they did need an attorney because they met when they shouldn’t have. There is no current Violations resolution in place. Mr. Repperger advised Mr. Bohne the meeting should be tabled and not to go. Had he been there, he would have advised the Committee there is a moratorium on enforcement using 2006-1; there was nothing for them to enforce. Mr. Allan agreed with Mr. Repperger and moved the question. Ms. Weglein commented in order to protect the Bay and protect that board, the Violations Committee should have an attorney present at hearings. Mr. Farrell included the suggested amendments to Section 3c, Section 4 second bullet, in his motion. Mr. Allan seconded the amendment. Motion carried. Mr. Klosky and Mr. Ferris voted no.
Mr. Guinther made a motion to reduce the Violations Committee members from 7 to 5. Second Mr. Bleau. Mr. Allan suggested asking the 2 most recent members to move into the Alternate position, or reduce the Committee by attrition. Mr. Guinther amended his motion to allow the Violations Committee to reduce itself by attrition to 5 members. Mr. Bleau amended his second. Mr. Austin said he would bring back information regarding length of terms to the next Board meeting. Mr. Guinther agreed to table his motion until February 8, 2008 [“the next meeting”]. Mr. Bleau tabled his second. A consensus of the Board of Trustees tabled the motion until February 8, 2008.
Mr. Ferris asked why the Violations Committee went forward with their meeting on January 16th, 2008. Mr. Repperger said his information indicated the Committee members voted on it and decided to move forward. Mr. Repperger suggested the Board of Trustees might want to give direction to the Violations Committee to bring back the cases it heard on January 16 to be heard under Resolution 2008-1. Mr. Guinther asked why 2006-1 wasn’t in effect when 2008-1 hadn’t been approved. Mr. Repperger said it was his advice to cease enforcing under 2006-1; therefore, there was “nothing in play” to enforce with until 2008-1 was approved. Just as the Board of Trustees is created by the Legislature, the Violations Committee was created by the Board of Trustees . If the Board of Trustees says don’t enforce under that resolution, they don’t. You could say “no harm, no foul”, but technically the cases shouldn’t have been heard under 2006-1 for reasons of due process.
Mr. Allan made a motion to direct the Violations Committee to bring back the cases heard on January 16, 2008 to be heard under Resolution 2008-1. Second Mr. Guinther. Motion carried. Mr. Klosky was opposed.
Mr. Allan made a motion to video the Violation Committee hearings because the tapes came up blank on the January 16, 2008 hearing. There is no way to reconstruct the minutes in their entirety because there is no backup system. Second Mr. Bleau. Motion carried unanimously.
Mr. Peet said ARCC meetings will not require video back up.
Mr. Repperger advised that DOR Enforcement can obtain stipulations from the homeowners who attended the January 16th meeting stating they are willing to have that testimony used under 2008-1. The Violations Committee attorney can advise how to do that so prior evidence isn’t wasted. Mr. Repperger said he can relate that information to the Violations Committee attorney. The Board gave consensus that Mr. Repperger should do this.
Mr. Klosky, ARCC: Mr. Klosky obtained a copy of the ARCC operating procedures dated January 18, 2008. Mr. Klosky asked if this shouldn’t have been brought to the attention of the Board of Trustees first? Mr. Klosky made a motion to set up a workshop to review the procedures the ARCC is operating under. Second Mr. Peet. Mr. Peet said he had created a draft of ARCC procedures and presented them to ARCC members for comment. They were not meant for presentation to the Board of Trustees until they were reviewed by ARCC members and edits made. Mr. Peet said the ARCC can determine the procedures they operate under. This is written in Article II, Section 1. He said he’s unaware of how the copies got out, how they got into the Trustee packets, or why the issue was brought before the Board at this time. Mr. Peet said the intention is to give structure to internal ARCC procedures so anyone appointed to Chairperson will have an idea of how to proceed. Mr. Peet said ARCC is looking at a product called “Rapid Wall” in case it’s good for skirting material. He said that would be brought to the Board after sufficient discussion at ARCC. Mr. Klosky removed his motion. Mr. Peet removed his second.
Mr. Klosky, Pool 1: Mr. Klosky commented $140,000 was budgeted for repairs on Pool 1 in the FY 07-08 budget, while contract costs are $143,000. Mr. Klosky asked where the $3,000 and the $1,000 for Complete Electric are coming from. Mr. Guinther said funds for the pool may come from other budget lines that have not been used for their original purpose.
Report on Conditions in the Bay
Ms. Weglein said the District ordered the Platinum 2-year maintenance agreement from Dell. The District agreed to maintain “spare parts” for onsite repairs. Anti-virus protection (Norton) is being upgraded on the 17 licenses the District actually has. The $7,000 the Board approved for computer upkeep came from general maintenance funds budgeted for that purpose.
Weirs: Frazier Engineering contacted the contractor who did Dottie Lane to verify the type and specifications of “sheet pile” used. Frazier promises a weekly update but does not follow through.
There have been no change orders on the Pool 1 contract.
The Pro Shop air conditioner quit working. A new 3.5 ton unit is $3,500. Mr. Allan made a motion to purchase a new unit on an emergency basis. Second Ms. Crouse. Ms. Crouse requested to include new ductwork in the motion. Mr. Allan amended the motion. Ms. Crouse amended her second. Motion carried unanimously.
The vendors are being paid on a current basis. The District pays gas charges on the invoices.
Jim Dickson gave Ms. Weglein figures on new video equipment for the Board of Trustees meetings which will cost approximately $10,000. This may require 3 bids.
Brevard County owns and pays for the lights on the Boulevard. FPL will work on the transformers supplying the lights. Ms. Weglein contacted authorities involved. She also contacted Brevard County to find out about gas cards at the pumps for the Maintenance fleet to abrogate taxes.
Barefoot Bay Propane Gas is replacing meters at Pools 2 & 3. They will monitor the new meters much more closely than in the past.
Attorney’s Report
The Brevard County Commissioners this morning put into effect the resolution that approves the Charter changes that were approved in the special election in November 2007. Now negotiations with the Supervisor of Elections begin to implement the reduction in the number of Board members. Ms. Weglein and Mr. Repperger have an appointment with Representative Poppell next week to discuss the potential of putting in place a legislative fix to allow the District to go back and revise Code Enforcement once again in order to utilize Chapter 162.
Trustee Liaisons:
Mr. Peet: ARCC – Robin Phillips resigned effective January 18th. The HOA will need to appoint a volunteer to the committee. The ARCC approved 16 permit applications and completed 31 inspections. The ARCC is reviewing “Rapid Wall” material for skirting.
Mr. Farrell: Tuesdays are “pizza” nights; this Saturday is steak night ($11.00) with music. The Lounge number for tickets is (772) 554-4723 to reserve. The Lounge and 19th Hole are hosting Superbowl parties beginning at 5:30 p.m.
Mr. Klosky: Requested signs saying no skateboarding at the Shopping Center. Kids on motorized bikes are a problem to some of the elderly residents. Signs are the only way the Sheriff can enforce it. Mr. Klosky will present a report on the RV lots at a later time. January 30th at Building A, Little Theater is hosting a variety show beginning at 3 p.m. Admission is free. Donations are accepted and will be used for purchasing stage drapery. Ms. Crouse requested one-way signage in large letters at the Shopping Center.
Mr. Bleau objected to Bright House’s action in taking Channel 99 away from the Bay.
Mr. Allan: Code Enforcement total patrol miles were 610 in December in 232 hours. Mr. Allan urged residents to power wash their homes as this is mold growing season. Regarding yard sales, one sign is allowed in your own yard; no signs on the Boulevard or entrances to the Bay. The District was reimbursed $175 by the court as restitution in a vandalism case. All of the monies for the $3,500 in 2008 have been expended for the year. Mr. Allan volunteered to keep collecting names; the agency in Tallahassee will keep the information and consider us for next year. Mr. Allan suggested residents contact their Senators and Representatives to express interest.
Mr. Ferris: Stated the propane gas meters at Pools 2 & 3 are being replaced because of discrepancies in charges between the two pools. The propane gas company is paying for the meters. The Lounge A/C unit is acting up. Pool 1 is on schedule. Brevard Pools is installing recessed drains in the bottom. Mr. Ferris spoke with Mr. Reilly about stucco-ing the Lounge in-house. This saves the Bay $7,200. Lt. Mackenzie informed Mr. Ferris the Sheriff’s department was near an arrest for the mail box vandalism. Ms. Weglein explained to certain snowbirds that Brevard County shut down Pool 1, not the District. The pool must be brought up to code or permanently closed.
Ms. Crouse reported that “Meet the Clubs” day is Saturday at Building A. HOA orientation is January 27th from 4-5 at Building D&E. Tuesday, February 5th HOA executives are meeting in Building D&E at 7:30 p.m. February 12th, HOA general homeowners’ meeting is in Building A at 7:30 p.m. Youth Group did a great job on the cars on Saturday; there are other activities through the month. Ms. Crouse thanked the Youth Group volunteers.
Mr. Peet: Waste Management is raising fees. The hearing is January 31st in the Commissioners’ chambers.
Audience Participation
Margaret Petruzzi has had things stolen and tires slashed in the RV lot where she rents space. She wants security in the RV areas, and has already gone to the Sheriff with her problem. Mr. Ferris related a similar problem and apologized to Ms. Petruzzi. He said he was committed to getting security cameras for the storage areas in the next budget.
John Barry complimented the Board for hiring the management company. He is disturbed about Bright House taking action in removing Channel 99 before 2009.
Nancy Eisele said when the Violations Committee was formed part of the agreement was they would pay for their own attorney out of fines collected. The new computer system was supposed to provide percentages. Mr. Guinther said it would eventually work like that. The HOA executive committee date has been changed to Monday, February 4th at 2 p.m. in Building C.
Ray Rogers urged the Board to clean out the Australian pines bordering his property and the canal behind 906 Fir. They are a haven for rats and critters and kids with matches. It was established there may be an easement agreement at that location. Mr. Repperger said the Board has no authority to work on County property. The Board gave consensus to have Mr. Repperger find out who is responsible in the County structure for that stand of pines.
John Atta thanked Mr. Guinther for attending the Violations Committee meeting January 16th. Mr. Atta said the Violations Committee held the hearing because there were owners there who had come some distance to take part in their cases. Mr. Atta said the attorney had told them the Committee could handle those cases that didn’t violate anybody; the Committee retired cases that had come into compliance. Mr. Atta asked Mr. Repperger if the Violations Committee is now “good to go”. Mr. Repperger replied, “Yes.” Mr. Atta talked about term limits not affecting volunteers, but if term limits were in effect, “thank goodness”. Mr. Repperger will talk with Mr. Bohne to resolve the issues raised by the January 16th meeting.
Adjournment
Ms. Weglein entertained a motion to adjourn. Mr. Bleau made the motion to adjourn. Second Mr. Klosky. The meeting was adjourned at 9:53 p.m.
Louise Crouse, Secretary Barrie Jenkins, Recording Secretary
THIS DRAFT OF MINUTES HAS NOT BEEN APPROVED BY THE BAREFOOT BAY RECREATION DISTRICT BOARD. IT IS SCHEDULED FOR APPROVAL DURING THE NEXT MEETING.
PHONE: (772) 664-3141
FAX: (772) 664-1928