Minutes for March 27,
2007
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DRAFT
REVISED
Board of Trustees
Regular Meeting
Tuesday, March 27, 2007
7:00 p.m. – Building D&E
The Barefoot Bay Recreation District held a regular meeting on March 27, 2007 in Building D&E, Barefoot Bay, Florida. Chairman John Keegan called the meeting to order at 7:00 p.m. (The meeting was preceded by an advertised workshop which began at 5:00 p.m.)
Thought for the Day
Mr. Keegan requested remembrance for the troops in Iraq who are trying to help the world come to some peace.
Pledge of Allegiance to the Flag
Mr. Keegan led the pledge of allegiance to the Flag.
Roll Call
Ms. McCahan called the roll. All Trustees were present. Mr. Torpy was present as counsel.
New Attorney Selection
Mr. Keegan explained the District advertised for an attorney in the professional classifieds for 6 days. The District used the Orlando Sentinel, Florida Today, and Press Journal newspapers. Two firms responded.
Larry Brown, senior partner of Brown, Garganese, Weiss & D’Agresta, PA, presented his credentials and experience. Mr. Brown is willing to negotiate a retainer that includes travel time and meetings. Mr. Brown said the firm’s monthly bills include the timekeeper, the service, and the time to .1 in increments of 6 minutes. Government entities usually prefer a retainer agreement because there is so much work to be done regarding letters, contracts, and general information gathering. A situation involving legal risk would prompt contact with Ms. Daddario in the form of “Why don’t you make this an issue we take a look at, take it to the Board, and see if you want me to take a deeper look at it?” Routine things do not need the attorney’s attention. Ms. McCahan asked if Mr. Brown knew any of the Trustees personally, or had his firm represented any of them. Mr. Brown answered no.
Mr. Keegan asked if the District would be doing business with all 16 of the firm’s attorneys. Mr. Brown responded when the firm takes on a governmental client there is one primary contact who tries to sit at all the meetings unless he or she is ill or on vacation.
Mr. Ferris asked if Mr. Brown was familiar with State Statute 286.011. Mr. Brown replied he was familiar with the Sunshine Law. Mr. Brown commented if a work shop contained legal significance such as insurance policies, contract revisions, liens, assessment issues etc., the attorney should attend. Mr. Brown acknowledged the District could handle routine matters with standardized (approved) forms and small claims court to a certain level. The attorney must handle foreclosure and enforcement actions.
Mr. Brown explained the retainer for governmental clients involves a projected yearly amount which covers all but extemporaneous litigation that requires an attorney’s presence in court. Mr. Brown supervises all litigation. A retainer would cost the District less than an hourly rate. Mr. Allan questioned an item on the firm’s website. Mr. Torpy had worked with Jeffrey Rice, a partner in Mr. Brown’s firm, on an investigative matter approximately 5 years ago.
Cliff Repperger of Gray-Robinson presented his credentials and experience. At the conclusion of his presentation, Ms. Crouse asked if his insurance for errors and omissions equaled $1,000,000. Mr. Repperger replied, “We’re well covered for insurance.” Mr. Ferris asked if real estate and property taxes were paid in advance or in arrears. Mr. Repperger responded taxes are paid from a perspective of prior years with the objective of paying forward on existing assessment value. Mr. Ferris reiterated his question regarding which processes the District could handle for itself. Mr. Repperger echoed Mr. Brown’s answer; at some point in the legal process beyond routine matters and standardized forms, an attorney will be necessary.
In response to Mr. Allan, Mr. Repperger commented his firm is not charging the District travel time. However, the rate of $175 an hour “is consistent with what the District is currently being billed” and consistent with what the firm charges other local government clients. Mr. Repperger will be the main point of contact and will be doing the bulk of the work himself.
Mr. Keegan asked if Mr. Repperger had personally represented any government entity. Mr. Repperger responded he is currently serving as counsel for the Brevard County Contracture Licensing Board. The rest of his work has been on the private side.
Mr. Keegan commented Mr. Torpy felt that when the attorney selection had been made, the turnover should be immediate. Mr. Torpy spoke with [the other attorneys] who concurred.
Mr. Torpy responded to Ms. Crouse that his firm has traditionally not charged for travel time to any regularly scheduled Board meeting. There was further discussion on travel time. Mr. Torpy commented on the conditions that determine a retainer.
Ms. Donahue moved to hire Brown Garganese Weis & D’Agresta, PA. Second Ms. Weglein.
Mr. Allan moved to hire Mr. Repperger of Gray Robinson. Second Mr. Bleau.
The Board voted 6 for Mr. Repperger and 3 for Mr. Brown.
Mr. Torpy thanked Barefoot Bay “from the bottom of my heart” for the opportunity to serve Barefoot Bay. He urged the residents to support the Board of Trustees, and urged everyone to work well with the new attorney. Mr. Keegan thanked Mr. Torpy in return “for years of devoted service”.
Approval of Minutes
February 27th, workshop meeting: Mr. Bleau made the motion to approve. Second Mr. Klosky. Ms. Weglein corrected the spelling of Ms. Busacca’s name. Motion carried to accept minutes as amended.
February 27th, regular meeting: Ms. Donahue made the motion to approve. Second Ms. McCahan. Mr. Allan requested that on page 2 his name be spelled out. Ms. Weglein requested on page 9 of 12 in the case of Mr. Larimore the word estate be corrected. Motion carried to accept minutes as amended.
March 6th emergency meeting: Mr. Klosky made the motion to approve. Second Ms. Weglein. Motion carried unanimously.
March 9th regular meeting: Mr. Klosky made the motion to approve. Second Mr. Bleau.
Mr. Klosky noted “when he watched the meeting” [on TV?] adjournment was “2:37”. Motion carried unanimously.
Treasurer’s Report
Ms. Donahue read the Treasurer’s report. (Exhibit A) Mr. Bleau made a motion to accept the report as presented. Second Mr. Klosky. Motion carried unanimously.
Mr. Allan requested to amend the agenda: Unfinished Business 7D –DOR mailing
Ms. Weglein requested to amend the agenda: Unfinished Business 7E – Ms. Daddario’s salary
Ms. Crouse commented a statement of policy was not formulated regarding contractors such as attorneys. Mr. Keegan said that will be in the attorneys report.
Questions/Remarks From the Audience
Robin Phillips commented she had no idea what is happening with Resolution 2007-2. The Youth Club cannot afford to pay for the background checks for volunteers. Ms. Phillips contacted Sheriff Parker’s office, but has not received a return call.
Ed Keeley commented that while the Board members are concerned with accounting in the law firm, the Board needs to account for itself with who calls and how often, and generally how the Board is going to operate with the new law firm.
Look Forward Barefoot Bay Concepts: Mr. Keegan thanked the Tattler and First Choice Properties for the map insert in the Tattler.
Unfinished Business
RV Storage Lease: Mr. Ferris has concerns about how the language was revised and 7 things he objects to. Mr. Ferris requested the Board’s permission to sit down with Mr. Repperger and “iron out” the RV lease form.
Mr. Bleau made a motion to authorize Mr. Ferris to take the RV lease to Mr. Repperger. Second Mr. Klosky. Motion carried unanimously. Mr. Ferris asked if he could meet with Mr. Repperger directly after the meeting to arrange a time. Mr. Repperger concurred.
Mr. Keegan read that portion of the DOR which forbids RV’s and large trucks to park in the Building A lot. As of April 1st, there will no such parking either at Building A or at the Shopping Center. There will be parking for a fee at the maintenance facility on Falcon Drive; apply at Building B for a key.
Resolution 2007-2: Mr. Keegan requested Mr. Repperger read the resolution and the insurance company’s answer to Ms. Daddario’s request regarding coverage for the Youth Group. Mr. Keegan asked the Board to table the resolution until Mr. Repperger advises the Board.
Mr. Bleau made the motion to table. Second Ms. Crouse. Motion carried unanimously.
Mr. Keegan asked if the Youth Club could still use the old Peddler building and would be covered by insurance until such time as Resolution 2007-2 is settled. Ms. Daddario commented the Youth Club is covered just as is any other club in this community.
Resolution 2007-1, Code Enforcement: Mr. Keegan commented this resolution goes far beyond the process already in place to bring properties into compliance. Also, the time has run out on the resolution. Mr. Keegan asked Mr. Repperger to take a look at it.
Mr. Bleau made a motion to send Resolution 2007-1 to Mr. Repperger for review. Second Ms. Crouse.
Ms. Crouse commented everything in Resolution 2007-1 is aimed at past hurricanes. Page 2, indicates “owners or occupants” although only owners may be charged with violation of the DOR. On page 3, paragraph 4, the document is restricted to “this year” but does not state the year is “2007”. Ms. Crouse questioned whether the Board has the authority to set 10% as a deposit a contractor must accept in order to be accepted for the purposes of Resolution 2007-1. Ms. Crouse questioned “building permit filed” as it doesn’t mean “approved”. To make the issue clear to everyone, language should be changed to reflect that extensions can be applied for.
Mr. Keegan asked Mr. Austin to confer with Mr. Repperger and present a unified document to the Board at the next meeting if that timeframe can be accomplished, or the meeting after that if not.
Motion carried unanimously.
DOR Mailer 2007: Mr. Allan indicated he and his volunteers will gather April 14th to prepare the envelopes for mailing on April 16th. If [you] have not received a ballot in a couple of weeks, please apply for one at Building F. Mr. Allan demonstrated how the boomerang envelope works.
Ms. Daddario’s salary: Ms. Weglein commented that during the workshop February 9th she had asked the Board to approve paying Ms. Daddario’s salary retroactive to October 16, 2006.
Ms. Weglein made a motion to pay Ms. Daddario’s current contract salary retroactive to October 16, 2006. Second Mr. Klosky. Motion carried 8 aye, 1 nay. Mr. Allan voted no.
New Business
Trustee Perspective – a view of Trustees as a Whole and Individually: [Mr. Keegan] Trustees must always be aware that they are elected through the trust of the people electing them and have an image of high standards to show to the public. Trustees have a responsibility to the residents primarily, but also to other Trustees individually and as a Board. Recently there have been instances by certain Trustees that seem to breach the responsibility they have to the Board and, consequently, to the residents of the Bay also. The most egregious of these incidents was the public newspaper admonition and chastising of other Trustees because of their vote on two Board motions. By this action, the majority of the Board was cited for “willful and wanton disregard of the consequences of their vote” publicly by this one Trustee who had voted another way. This has an adverse impact on the Board as a whole in the public image of their governing body. Our form of government is well established. Motions are made and then passed if the majority of this Board votes on the issue. During this procedure Trustees are not expected to walk off and abandon a Board meeting when the vote does not go their way and they feel they should have had it “their way”. This action certainly shows disrespect to the Board itself and most certainly to the residents of the Bay as to the integrity of their governing body. To allow these actions to continue is not in the best interests of this governing Board and the people of Barefoot Bay. Our charter provides for a remedy when the acts of the Trustee are considered malfeasance. That is, a Trustee may be removed for cause by the remaining members of the Board after due notice and an opportunity to be heard on the charge of malfeasance. Malfeasance is the performance by a public official of an act that is legally unjustified, harmful, or contrary to law. An act in violation of a public trust. It is for this governing body to decide whether or not these acts I have talked about rise to the level of malfeasance and take whatever action they deem necessary to maintain the level of integrity for the Board that the public trust deserves from their Board. [End]
Mr. Ferris concurred with Mr. Keegan and observed the Board’s image is important to maintain. Mr. Ferris is not comfortable with the level of disrespect Board members have shown one another at meetings, in the newspaper, or in the minutes.
Ms. McCahan: I left this meeting as a protest over procedures used to dismiss our current law firm. In an uncalled for emergency meeting 2 days earlier, the Board passed a motion to require the Community Manager, Board Chairman, and the lawyer to meet for the purpose of settling their differences. Or if not, to return to us with the result of this meeting. We are voting on firing our law firm within 2 days of the emergency meeting with no report and no action on our motion. I think this was highly inappropriate. We should have waited for the results of the report and then taken action. I felt the meeting was not in control of the Board and I impulsively attempted to gain some decorum by using the gavel. Article IV, Section 6, of the Rules of the Board of Trustees stats, passed on May 17, 2004) #1: no attendee shall be allowed the floor without recognition from the Chair; #2 no attendee shall be allowed to enter into debate with members of the Board. #3 all questions shall be directed to the Chairman, answered by the Chairman, or the Chairman may defer to another member of the Board to answer a question. Any attendee has an ample opportunity to speak on agenda items during the meeting, or on general subjects at the end of the meeting. Although I personally think the Torpy Group represented the Bay well, it comes down to conducting our business in an orderly and legal manner, and I feel we are coming off the tracks at the moment in that particular area. I would hope we can all conduct ourselves in an orderly manner and keep our interests focused on the betterment of Barefoot Bay. And in that light I would like to request that from now on when we have a Board meeting, and the audience starts participating without recognition specifically from the Chair person, that the Chair person use the gavel, ask fir order, and if order isn’t restored, ask for certain people to leave because that’s the way you do it in an orderly manner. Now, if any of you watch any of the other government channels, do you see any of them doing what you’re doing? They don’t. Once in a while there may be a very, very hotly contested issue and the Board has a hard time getting people back under control. But I gotta’ tell ya’, since I moved here I’ve come to these meetings and I recall many many times getting up and saying to the members of this . . . . people in the audience, stop abusing your Board members. They are not paid. They volunteered for this job. You don’t need to be nasty to them. Say what you have to say in an orderly manner, and that isn’t happening. And it hasn’t happened since I came here. And some how or another, that has to stop. Now I left that meeting because of those two issues. I don’t think we did it properly with the lawyer. That doesn’t mean I’m not very happy to have a new lawyer; it doesn’t mean we can’t move on. But there are certain procedures you have to follow when you do this stuff, and we weren’t doing that. And I also didn’t like the manner in which the audience was participating in a meeting. I was to the point where I was so mad I was going to have to leave because I was going to get myself in more trouble than I did. So, that’s my statement.
Mr. Klosky addressed the Chair and asked that Mr. Allan and Ms. McCahan apologize “at this moment” for their unprofessional behavior at the “last Board meeting” to the Chairperson, Ms. Daddario, the Board of Trustees and the residents of Barefoot Bay.
Mr. Keegan commented the workshop meeting with the Home Owners Association had been successful and demonstrated the HOA and the Board of Trustees could get together in a unified manner for the good of Barefoot Bay.
Sale of Alcohol at the Convenience Store: Although it’s a touchy subject, it’s one the Board of Trustees should monitor. The newspaper noted the convenience store was charged with selling alcohol to minors. The case is alleged, and has not been heard by the courts. Mr. Keegan wished to let the residents know the Board is “on top of the situation”.
Mr. Bleau made a motion to table the matter. Second Mr. Klosky. Motion carried unanimously.
Code Enforcement: In the case of 922 Hemlock St., Mr. Austin recommended settlement of $1,000 with the provision that the settlement be paid in full by June 1, 2007 or the lien amount will revert to $4,925.
Mr. Bleau mad a motion to accept the settlement with Mr. Austin’s provision. Second Ms. Donahue. Motion carried unanimously.
In the case of 437 Papaya Circle, Mr. Austin considered the delay in repairs due to the scarcity of companies that work with skirting. Mr. Austin recommended actual costs of $239.60 be paid by May 15, 2007 or the lien will revert to $38,500. Ms. Crouse noted the vent covers are missing. Mr. Austin commented likely the vents were removed to dry out underneath the home. Mr. Bleau requested the matter of $38,500 be brought back to the Board of Trustees if the reduced amount isn’t paid by May 15, 2007. Mr. Austin explained the high fine was due to a period of time when the Violations Committee was assessing at a maximum of $250 a day; this practice has been abandoned, resulting in fines of $25 to $50 a day which most residents can pay.
Mr. Klosky made a motion to accept the amount of $239.60 to be paid by May 15, 2007 or be brought back to the Board of Trustees for review if it is not paid. Second Ms. Donahue. Motion carried unanimously.
In the case of 403 Loquat Drive, there were severe medical problems which delayed the owner’s ability to complete repairs in the allotted time. Mr. Austin recommended accepting actual costs of $239.60 to be paid by Mary 15, 2007, or the lien will revert to $85,250. Mr. Bleau reiterated that if the lowered amount was not paid timely, the lien amount will be brought back to the Board of Trustees for further discussion.
Mr. Bleau made the motion to accept $239.60 with provision. Second Mr. Klosky. Motion carried unanimously.
Community Manager’s Report
Ms. Daddario commented her “open door policy” is going to be closed for next week’s audit. The audit may take as long as a month to be finalized for the Board.
FEMA approved an additional $41,000 on the District’s appeal. FEMA representatives will meet with Ms. Daddario on Tuesday, April 10th to finalize the other $50,000 for the Golf course maintenance.
The sea wall contracts will be in the District office next week and will be forwarded to the attorney for review. The sea wall repair will commence approximately 2 weeks after the Board approves the contracts.
Painting is going forward on Building A & C.
The District applied to Brevard County for the playground fence permit.
Insurance will cover Mr. Bleau and his volunteers as long as the District supervises the project.
The insurance companies have garnered a 3rd insurance company to review the weir project and decide whether to retrofit the existing structure or build a new weir system. Frazier Engineering expects an answer in a couple of weeks.
Ms. Daddario commented staff is tied up repairing the vicious vandalism that occurs every week end. Vandals broke into the lounge, attacked the horseshoe pits twice, kicked the boards out of the bridge at the walkway near the basketball courts; graffiti is rampant. Cleaning it up keeps staff from productive work. The Sheriff’s department is not helping with the problem. Residents have suggested a task force that will patrol at odd hours to get pictures of the vandals. Some residents report hearing kids outside their homes at 3 a.m.
Mr. Keegan commented the next meeting is dedicated to the vandalism problem. The COPS and the task force people will be present. Mr. Keegan commented a pervasive surveillance system is being considered. Mr. Allan had an opportunity to talk with Commander Drinkwater and Lieutenant Maddox. One or both of them can be at the next meeting. [April 13th, 2007] Mr. Keegan suggested Mr. Allan issue the official invitation. Ms. Crouse commented she had contact with Lieutenant Evers, who became aware of communication problems when he met with his supervisors. Some procedural changes were made. The non-emergency contact number is 772-663-6269. Ms. McCahan suggested the citizens’ task force become operational again, and Ms. Donahue suggested the curfew issue be revisited.
Attorney’s Report
Mr. Repperger requested confirmation, perhaps a letter of engagement or a contractual agreement, with the District and his firm. Mr. Bleau asked if Mr. Repperger was to draft the contract. Mr. Repperger agreed to draft a document and bring it to the Board’s next meeting. Mr. Repperger suggested it would be beneficial for him to confer with Ms. Daddario and Mr. Austin regarding the foremost issues facing Barefoot Bay.
Committee/Trustee Reports
Mr. Klosky reminded people about the Home Owners Association regular meeting. A luau will be held in the pavilion that costs $10 per person. Harold’s Diner is catering. Breakfast is served at the 19th Hole each day from 7 am to 9 am. Mr. Raponi was hired as Food and Beverage Manager. There is music in the Lounge Wednesdays, Fridays, and Saturdays. April 1st there is a street dance.
Mr. Bleau reported the restrooms are being refurbished at 15 & 16. Golf Committee meets the 1st Friday of the month.
Mr. Allan invited residents interested in becoming an alternate on the Violations Committee to submit a letter to the Board of Trustees via Ms. Daddario. Snowbirds please remove any objects outside your home that might become flying objects in a hurricane.
Ms. Crouse commented the vandalism occupies staff; aluminum will be used instead of wood to repair the bridge walkway. Storage sheds are on order for the horseshoe pits and softball field. Umbrellas were ordered for pools and the unprotected areas of lawn bowling and horseshoes. Tables and chairs were ordered for the pools. An outside contractor is fixing the sidewalk at Pool 2. The tree trimming at Building A is complete. Handicap ramps are being installed at Restaurant 2002. Programmable thermostats are being installed in Building A to control the temperature when the building is not in use. This is expected to save $700 a year in electricity just in the fans; it may save more in air conditioning.
Ms. Weglein commented the ARCC will meet at 9 a.m. in the back of the Lounge the next two Fridays. There is no meeting April 13th. When Brevard County issues a permit they’ll extend it for no more than 90 days. When ARCC issues a 3 month permit it often runs afoul of Brevard County’s timeline because it takes longer to get a permit from the County. One solution might be to allow ARCC to issue 4-month permits. Ms. Weglein said some ARCC permits are held if the residents also need a County permit so the ARCC permit will be good for a full 90 days upon issue. The Board concurred with the ARCC’s decision.
Ms. Weglein read an answer from Ms. Voltz concerning the injunction regarding Crystal Bay development: It has been postponed due to compliance with County requests. Ms. Weglein commented she doesn’t know what that means. Ms. Weglein commented the unacceptable conditions still exist.
Ms. Weglein researched past minutes and discovered the Board of Trustees Rules and Regulations were changed and approved in 2004. Mr. Keegan directed the Rules be placed on the April 13th agenda for further consideration.
Ms. Donahue commented that she and Jim Reilly are setting up a meeting with the Pool Hosts; she will report back to the Board when the meeting is accomplished.
Mr. Allan: I was asked earlier to apologize. And I’m going to go ahead and do that now. I’d like to apologize to anyone who was offended by my walking out at the last meeting. It was not a planned move. It was something that . . . . . .. I let my feelings get carried away from me with regards to how I felt about what had taken place, and I apologize for those who were offended. And that’s a sincere apology. Likewise, I would simply say this, and that is we’re not always going to agree. The Board members aren’t always going to agree, you’re certainly not always going to like what I have to say. I’ll say it anyway. Hopefully I can do so without too much guff, but it’s what I’m here for. I do have people that believe my opinion is the correct one. And I want to thank those people who have contacted me because I have received phone calls, and I’m grateful for those people who have told me they supported my positions and my opinions. But at the same time I realize there are a lot of you that aren’t happy with me. I want to continue to work on the Board. I want to continue to be, hopefully, a positive influence on the Board long term. So, I do appreciate the opportunity to go ahead and apologize, and that’s a sincere apology on my part.
Mr. Klosky: “Thank you, Mr. Allan.”
Mr. Keegan acknowledged Mr. Allan and then thanked Steve Rice for help with the surveillance cameras and the website.
Questions/Remarks from the Audience
Jeanne Osborne commented at one time there was a set fee for guests of club members and bingo players to use Barefoot Bay facilities. Ms. Osborne urged the Board to set a policy and then all the residents live with it. The District needs to make sure new home owners are still being issued a copy of the charter and the DOR when they pay their social fee. The Micco Home Owners Association meets in a County facility; there is no reason for a restriction on who attends. In 1999, and the secretary at that time still has her records, Bob Smith made a motion and it was passed that the class action money must be spent through referendum.
Jim Short thanked the District for the pier. He wants the speed limits enforced in the Bay. He wanted an update on the weir project and was informed it was in the Community Manager’s report. The no parking signs along the street are not being observed. The Golf course parking lot needs re-striping, and so does Building A parking lot.
Elizabeth Showers commented vandalism was curbed when the District had Code Enforcement at night. Ms. Showers asked if rheostats can be installed in D&E to dim the lights during dances.
Dale Page thanked the Board for the job they’re doing in spite of those who use the mike every week for criticism.
Nancy Eisele reminded residents there will be a hazardous waste event at Building A parking lot on Saturday, March 31st. She commented the Home Owners Association orientation will start again in January.
Roland Boas complained the District still wasn’t putting out financial statements to his satisfaction. Ms. Daddario commented the District provided a financial “last week”, and the quarterly report will be available “next week”. The District is required to use GASB 34 standards and rules, so the financial statements will not be in the old form. However, the financial information will be very clear and will reflect exactly as the budget was designed.
Mr. Bleau reminded people that old paint is considered hazardous waste. The County processes the paint that is brought into “new paint” in 5 gallon containers. Residents may obtain it free of charge from the County.
Robin Phillips thanked everyone who attended the Youth Club yard sale. The Youth Club is sponsoring a movie night on Monday in D&E. Public is invited. Youth Club is sponsoring a car wash on April 7th by the park next to the Peddler, $5.00 a car. Ms. Weglein complimented the Youth Club for doing a great job serving at the Kiwanis breakfast.
Zachary Reynolds thanked everyone for their support of the Youth Group.
Adjournment
Mr. Keegan entertained for a motion to adjourn. Ms. Donahue made the motion to adjourn. Second Mr. Bleau. The meeting adjourned at 9:45 p.m.
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