Minutes for February 9,
2007
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DRAFT
Board of Trustees
Regular Meeting
Friday, February 9, 2007
2:00 p.m. – Building D&E
The Barefoot Bay Recreation District held a regular meeting on February 9, 2007 in Building D&E, Barefoot Bay, Florida. Chairman John Keegan called the meeting to order at 2:00 p.m. (The meeting was preceded by an advertised workshop which began at 1:00 p.m.)
Mr. Keegan requested remembrance and silent prayer for the tornado victims. Amen.
Mr. Keegan led the pledge of allegiance to the Flag.
Ms. McCahan called the roll. Mr. Ferris and Ms. Donohue were excused. Mr. Malek was present as counsel.
Mr. Keegan requested approval of the minutes of the January 12, 2007 work shop. Mr. Bleau made the motion to approve. Second Ms. Weglein. Motion carried. The Board concurred with no objections.
Mr. Keegan requested approval of the minutes of the January 12, 2007 regular meeting. Ms. Weglein made the motion to approve. Second Ms. McCahan. Mr. Malek said, “I don’t believe there’s been a vote on that.” Mr. Keegan responded “we don’t need a vote if there is silent approval, no objections.” Mr. Keegan asked again if there were any objections; hearing none, the minutes were approved as presented. Ms. Weglein commented there needed to be a motion to accept the minutes. Mr. Keegan reiterated a motion was needed only if there were corrections requested by a Trustee.
Mr. Torpy commented on previous practice. Mr. Keegan is correct: if no one objects the minutes can stand as written, but typically, this Board has taken a motion, a second, and then let them stand. Mr. Torpy said he left it to the Board to decide how to do it, as long as there is something on the record where this Board agrees to the minutes is all that is really needed. Ms. McCahan commented she would feel more comfortable voting yes or no on the minutes.
Ms. McCahan made a motion to keep the procedure for approving minutes “yea” or “nay”. Second Mr. Klosky. Mr. Torpy commented the Board technically had a motion on the floor already to approve the minutes. There is also a motion to set the procedure for approving the minutes. The first motion should be withdrawn for clarity of record. Ms. Weglein withdrew from the first motion. Ms. McCahan withdrew her second.
Ms. McCahan reiterated her motion to officially vote “yea” or “nay” on acceptance or denial of the minutes at each meeting. Mr. Klosky repeated his second. Motion carried unanimously.
Ms. Weglein made a motion to accept the minutes of January 12, 2007. Second Mr. Klosky. Motion carried. Mr. Allan voted no.
Mr. Allan acknowledged Mr. Keegan’s directive at the January 23rd meeting that the minutes be simplified. He requested that Mr. Keegan clarify his intent. Mr. Keegan responded that he researched how minutes should be done at municipal meetings “throughout the country” and came to the conclusion that minutes should reflect what was accomplished and who voted on what. Mr. Keegan commented the directive was approved without objection. Mr. Allan explained the longer version of the minutes allows residents who use the website to read the minutes to get a better idea of what transpired during the meeting. He pointed out that snowbirds do not have access to local TV stations for viewing meetings. Mr. Allan feels one objective of the shorter version is to limit opinions in the minutes. Ms. McCahan concurred with Mr. Keegan as to the content of minutes.
Mr. Keegan commented that any member concerned with the shorter version of the minutes may ask for the discussion to become an agenda item at the next meeting.
Mr. Keegan requested approval of the minutes of the meeting on January 23, 2007. Ms. Weglein made a motion to approve. Second Mr. Klosky.
Mr. Allan referred to page 2, second paragraph from the top: Mr. Bleau read from the Brevard County Home Rule. Mr. Allan commented it was not stated in the minutes that Mr. Torpy advised Mr. Bleau the Home Rule did not apply to Barefoot Bay. Likewise, in the last paragraph, Ms. Donahue made a motion to hold a workshop as soon as possible, second by Mr. Allan. The Board concurred unanimously, but the ensuing discussion is not listed in the minutes. Mr. Keegan responded, “That’s correct.” Mr. Allan asked if it weren’t important to include the discussion in the minutes. Mr. Keegan responded the discussion should be included only if it indicates things that were accomplished. Mr. Allan, “Or things that happened?” Mr. Keegan said, “Not happened. Accomplished.” Mr. Allan asked to have the second paragraph expanded to include what Mr. Torpy said. Mr. Keegan explained that was an addition, not a correction. Mr. Allan still wanted it added to the minutes. Mr. Keegan suggested he make a motion to effect the addition.
The recording secretary interjected that minutes do not require a motion to amend, and an amended version may be re-published at the direction of the Board. Mr. Malek commented that historically the Board has reviewed the minutes, opened the floor to discussion, and the Board members have made corrections (amended the minutes), then voted to accept the minutes as amended. The motion on the floor is to accept the minutes as presented. The motion to accept must be withdrawn to allow for a motion to amend. Ms. Weglein withdrew her motion. Mr. Klosky withdrew his second. Mr. Allan made a motion to amend the minutes to say Mr. Torpy stated that was not the case for that particular paragraph. Second Ms. McCahan. There was no discussion. The minutes were approved as amended. Mr. Bleau and Mr. Klosky voted no.
Mr. Bleau commented he voted no because he was unaware of what Mr. Torpy said that day regarding jurisdiction under Home Rule. Mr. Bleau commented amended minutes are not usually re-issued. The recording secretary agreed to reissue the January 23rd minutes at the direction of the Board. Mr. Torpy said Barrie will go back and review the tape as to exactly what was said and that will be reflected as said at the time.
Mr. Keegan read explained the Treasurer’s report (Exhibit A) had been distributed to the Trustees and the audience. Mr. Bleau made a motion to accept the treasurer’s report as written. Second Ms. Weglein. The report was accepted as presented.
Ms. Weglein made a motion to amend the agenda by adding the One Source equipment contract discussion under “New Business”. Second Mr. Klosky. The Board concurred unanimously.
Walt Meyer commented intruders are driving to the dark side of Pool 2 and using their cars to jump over the wall. He requested sensor lights at the pool which would come on when intruders are present rather than the steady lights which allow intruders to stay in the shadows. Mr. Meyer suggested phone lines be connected with the Sheriff’s substation. He said he had to handle the intruders at Pool 2 himself. Mr. Keegan commented he would ask the Community Manager to contact him about the problem. Mr. Meyer objected to dogs being allowed to relieve themselves on the playground where the children play on the equipment.
John Reddy asked for an explanation of the “Transfer from the Debt Fund” line in the Treasurer’s report. Ms. Weglein commented it might be the once-a-year payment on the $8 million loan. Mr. Glashauser concurred from the audience.
Jeanne Osborne urged the Board to paint the existing golf building and put on a new roof. She said part of the budgeted $150,000 could be used for that.
Walt Meyer asked if Barefoot Bay could get the buildings back when Brevard County builds its new water plant elsewhere. Mr. Keegan asked Mr. Malek to research who owns the land under the buildings.
Susanne Reddy spoke for building a Community Administrative Center stating that Building F is “an eyesore”. Ms. Reddy referred to the property off Kiwi and Fleming Grant Road which could be used for a wellness center for Barefoot Bay residents. Mr. Keegan thanked Ms. Reddy for being the first to come forward.
Barefoot Bay Youth Group: Mr. Torpy offered “pro bono” to the Youth Group. In the matter of liability, the youth group is a program sanctioned by the Board of Trustees. The youth group comes under the existing insurance. Mr. Torpy will advise Robin Phillips on legal issues, and will advise the Board as things come up regarding the youth group. A fund must be earmarked for donations to the youth group. Donations would be made to that fund with a system established for draws and reimbursements. Mr. Torpy advised the Board to discuss their intent and direct him to create a resolution.
Robin Phillips thanked Mr. Torpy for his generosity. Ms. Phillips asked the Board for the old Peddler space to use for the youth activities. Mr. Bleau made a motion to let the Youth Group use the old Peddler area, and to direct Mr. Torpy to create a resolution stating the Board of Trustees sanctions the Youth Group. Second Mr. Allan.
Mr. Klosky, as President of the Barefoot Bay Polish American Club, donated $100 to the Youth Group. Ms. Phillips accepted on behalf of the Youth.
Ms. Weglein commented the motion should be stated as two, one for the resolution, and one for the building. Mr. Torpy commented there should be a lease between the Board and the Youth Group even if it states it is only $1 a year. He will contact the League of Cities (Barefoot Bay’s insurance carrier) to ascertain if that is necessary. Mr. Bleau rescinded his motion, Mr. Allan rescinded his second.
Mr. Bleau made a motion to direct Mr. Torpy to create a resolution that the Board of Trustees sanctions the Youth Group. Second Mr. Allan. Motion carried unanimously.
Mr. Bleau made a motion to allow the Youth Group to utilize the old Peddler space. Second Mr. Allan. Ms. Weglein cautioned the Board to wait until Mr. Torpy contacted the League of Cities for insurance coverage. Mr. Keegan suggested the motion contain “pending the League of Cities approval”. Mr. Torpy advised no one should occupy the building until League of Cities approves; he will have that information at the February 27th meeting. Motion carried unanimously.
Golf Maintenance Building: Mr. Bleau made a motion to abandon the motion calling for requests for bids on the Golf Maintenance building. Second Ms. Weglein. Mr. Bleau is satisfied with the arrangements made for the One Source equipment at Falcon Drive. Ms. Weglein asked that the $150,000 originally budgeted for the building be re-appropriated. Ms. Weglein commented the money was not brought back into the new budget because of accounting deficiencies. The Board would have to re-appropriate the $150,000 and amend the current budget to make the money available. Mr. Bleau commented the $40,000 FEMA agreed to let the District keep will refurbish the facility on Falcon Drive. Motion carried unanimously.
DOR 2007 - : Ms. Weglein commented the “white or green” on the vinyl fencing had been omitted, and a sentence should read “the vinyl fencing shall not block the enclosed area from view”. Ms. Weglein asked about the word “picket”. Mr. Malek responded the discussion had been to expand the language to allow more leeway than strictly “picket”. Mr. Keegan asked Mr. Allan to take over the project. Mr. Allan proposed a draft of the boomerang envelope could be ready by the next meeting. Mr. Malek requested a motion to approve the amendments. Ms. Weglein made a motion to approve the amendments. Second Mr. Klosky. Mr. Allan asked the amendments include “white or green” vinyl fencing not to exceed . . . . … Mr. Malek agreed to put that language in the amendment. Motion carried unanimously.
Mr. Keegan commented the beach signs are installed.
Mr. Keegan addressed the structural repairs at the Community Center. Mr. Keegan commented Ms. Daddario could bring the item back at the next meeting. Ms. McCahan addressed what’s not covered in the proposal. Mr. Keegan advised letting Ms. Daddario answer the questions.
Code Enforcement: 705 Lark. Mr. Austin explained the family had medical problems which delayed correcting the violation (no lamp post). Mr. Austin recommended reducing the fine to the actual costs of $214.96. Mr. Allan made the motion to approve the reduction. Second Mr. Bleau. Motion carried unanimously.
One Source Equipment: Ms. Weglein commented the proposal is an agreement between One Source and Toro to acquire a Groundmaster. The Trustees forwarded this item to the agenda of February 27th pending additional information.
Ms. Weglein commented the Community Manager wants to sell old cars and trucks, and certain other equipment. Ms. McCahan made a motion to allow the Community Manager to sell the vehicles and equipment. Second Mr. Bleau. Motion carried unanimously.
Mr. Bleau addressed the proposal to have Once Source handle Barefoot Bay’s common areas. This would save the Bay approximately $180,000 over in-house labor. The matter was forwarded to February 27th. The Board directed the recording secretary to provide a copy of the One Source contract to each Board member for more information.
Ms. Weglein commented the audit firm Bray Beck & Koetter has been sold. The District needs to hire a new audit firm. Ms. Weglein made a motion directing Ms. Daddario to initiate an RFP requesting qualifications from auditing firms; to interview them and bring the Board recommendations. Second Mr. Klosky. Mr. Malek asked the Board to clarify that it will follow all the requirements of the Florida Statutes, which is to form an audit committee which will review the requests for proposals and make a decision based on that. Ms. Weglein concurred that intent should be part of the motion. Mr. Keegan asked Ms. Weglein to be head of the auditing committee. Motion carried unanimously.
Ms. Weglein commented the walk through for the punch list on the pier is Wednesday (2/14) at 2 p.m. After the walk through, the District will apply to FEMA for the remaining pier money.
Mr. Malek commented the Notice of Intent for Legislation regarding the Charter amendments was published in Florida Today and an informal notice Press Journal. An request for an economic impact statement has been forwarded to the community manager. The engineers are still working on getting bids for corrections to the weirs. Mr. Bleau suggested forwarding Resolution 2007-1 to the meeting on February 27th.
Mr. Keegan explained to the Board that their reports have to do with their liaison positions only and should not be used to introduce new items that should appear on the next agenda or a work shop. Mr. Keegan said he would ask for incidental information after all the reports were given.
Mr. Klosky made a motion to find a compatible date in March to hold a work shop with the Board of Trustees and the Home Owners Association. Second Ms. Weglein. Motion carried unanimously. Mr. Klosky spoke of the Valentine’s Day dance February 10th, and the February 13th Home Owners Association meeting will feature State representative Bob Allen who will speak on insurance. Interested persons should contact Gabrielle Davis at 664-1973.
Mr. Allan invited letters of interest for the vacant positions as alternate to the Violation Committee. One letter has been received.
Ms. Weglein presented the ARCC report (Exhibit B). Ms. Weglein read from the ARCC decision to allow Hardi-Board in Barefoot Bay. (Exhibit C).
Mr. Keegan commented Mr. Bleau agreed to take up the hurricane preparation liaison position.
Mr. Keegan said Food & Beverage is now Mr. Klosky’s.
Ms. McCahan commented the Shopping Center painting is on hold. The District received 3 landscaper bids.
Ms. Weglein commented on “Look Forward Barefoot Bay”. She suggested a miniature golf facility to maximize participation at all age levels. Ms. Weglein went to a Grant-Valkaria community meeting on their plans for emergency preparation. They plan to obtain grants for equipment through the county, and mentioned Barefoot Bay may be included. Mr. Bleau commented Ms.Voltz told him we should talk to Peggy Vasocca in the County Manager’s office in Viera. There are many items the District can get on grants for both emergencies and for the Youth. Ms. Weglein commented radio communications from the Palm Bay tower were discussed. Mr. Allan commented the playground may not be as compliant as it should be as far as the spaces between railings and the potential for splinters.
Ms. McCahan suggested the residents consider having a maintenance company mow and trim all the properties in Barefoot Bay. It would negate certain Code Enforcement issues. Mr. Keegan asked Mr. Malek to comment on the private property aspect of the proposal. Mr. Malek commented many homeowners prefer to mow their own grass and would likely balk at the additional assessment.
John Smith commented the bathrooms between the 15th & 16th on the Golf course need cleaning and there is no switch plate on the wall. Mr. Bleau will follow up on that.
Ed Keeley asked the Board to make sure everyone receives the DOR ballot this year. Mr. Keeley commented on the lamp post issue. Mr. Keeley asked the Board to hire a policeman to curb the vandalism occurring in the Bay. Mr. Malek commented the previous DOR mailing stipulated the lamp would stay on from dusk to dawn. It did not pass. That issue is not on the DOR 2007 mailing.
Robin Phillips announced the Youth Group’s monthly meeting is February 17th in D&E from 1-3 p.m. Game night will be in D&E on February 16th from 7-10 p.m.
Nancy Eisele reminded people the Home Owners Association holds orientation on the 4th Sunday of each month in D&E from 1-3 p.m.
Pat Clark commented State representative Bob Allen will speak at the Home Owners Association meeting in Building A at 7 pm. regarding insurance. She urged residents to come with her to Tallahassee to lobby the governor.
Mr. Keegan reminded residents the work shop on February 27th begins at 4 p.m. to 6 p.m. There will be an hour break between the work shop and the regular meeting that begins at 7 p.m.
Mr. Keegan entertained a motion to adjourn. Mr. Bleau made the motion to adjourn. Second Mr. Klosky. The meeting adjourned at 3:45 p.m.
PHONE: (772) 664-3141
FAX: (772) 664-1928