Minutes for April 11, 2006
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DRAFT
Board
of Trustees Regular Meeting
Tuesday,
April 11, 2006
1:00
p.m. – Building D&E
Madame Chairman Wilma Weglein called the meeting to order at 1:00 p.m.
Ms. Weglein requested prayer for all our troops wherever they may be serving. Amen.
Ms. McCahan led the Pledge of Allegiance.
Ms. McCahan called the roll. Ms. Howard and Mr. Smith were excused. Mr. Malek was present as counsel.
Ms. Weglein entertained a motion to accept the minutes of the
March 28th meeting. Mr. Bailey requested the word “part” in the first
paragraph at the top of page 7 be corrected to read “park and store at your own risk.”
Mr. Bailey also wished it to be known that residents use the storage lots at their own
risk. Ms. Weglein requested the date for the auditor’s report be corrected to read
“the second meeting in May”. The reference to Addendum II on page 3 in the
Aluminum Project should be eliminated. On page 4, Ms. Weglein advised the discussion
regarding the DOR amendments had ended with the project being directed to Mr. Hunt, rather
than Mr. Malek. Mr. Bailey made the motion to approve the minutes as amended. Second
Mr. Carillion.. Motion carried unanimously.
Jacqueline Desjardin
stated she has lived in Barefoot Bay two and a half years, and by serving on the board of
Trustees she can make a difference within her community. Ms. McCahan asked what Ms.
Desjardin considered as her most important priority for the coming year. Ms. Desjardin
replied her primary concern is resident safety issues.
Bill Ferris comes to
the Bay from Michigan after being employed by Ford Motor Company for 30 years. He
commented he has held many leadership positions, and would like to use that experience in
service to the Bay. Ms. McCahan asked what Mr. Ferris considered the most important
priority to address in the coming year. Mr. Ferris replied the computer system and the
financial picture need to be “squared up”, with attention paid to keeping public
records accurately.
John Keegan was unable
to attend this meeting. The Board members concurred that Mr. Keegan had presented his
interview at a previous meeting and the Board was familiar with its content.
Mr. Bailey asked Joseph Kloskey what Mr. Kloskey would consider as priorities facing the Bay in the
next four years. Mr. Kloskey replied he feels
the most important projects are Building A, the seawall, the pier, and in-depth hurricane
preparation.
Ms. McCahan nominated Mr. Keegan. Second Mr. Bailey.
Mr. Bolon nominated Mr. Ferris. Second Ms.
Donohue.
Ms. Weglein asked if there were any further nominations, and hearing none, requested a paper vote. The recording secretary furnished blank ballots to the Board members. The tallied votes were Mr. Keegan 4, Mr. Ferris 2. Ms. Weglein asked Mr. Hunt to draft a letter to Mr. Keegan informing him of his election to the Board of Trustees. Mr. Keegan will be seated at the next meeting of the Board of Trustees.
Mr. Bolon encouraged the candidates who weren’t chosen this time to campaign for seats that will be open in November. He thanked Mr. Keegan for the job he has done while a member of the Code Enforcement Board.
Ms. Donohue presented the treasurer’s report (Exhibit A). Ms.
Donohue added that the $65,000 still owing on the weir project had been paid. $35,000 for the golf course; auditors $29,105;
Florida Power and Light $10,000; Torpy & Associates $13,281.12; Health First
$15,139.97; February sales tax $13,460.96; Barefoot Bay Propane $7,449.32; Detailed Sports
Turf [lawn bowling and the 13th Hole] $18,548.10, and $22,776.10.
Mr. Bolon asked Ms. Donohue to recap some of her figures, and wanted to know why the rest of the Board did not have “that” on paper. Ms. Donohue replied she had contacted the [administration] office to obtain expenditures over $10,000. Mr. Bolon commented the Board had asked for this same information. Ms. Weglein concurred with Mr. Bolon. Ms. Donohue and Mr. Hunt concurred the next treasurer’s report would be itemized in that fashion and distributed to the Board. Ms. Weglein commented she had added up the expenditures to ascertain the amount left in the bank account. “from the 2 million”. Ms. Weglein said the District had taken $685,000 from the $2,309,000 which left $1,623,699.40. Mr. Hunt commented $601,000 in expenditures has been taken off and there is “2 million three” left after that.
There were none at this time.
Mr. Hunt met with DEP on April 4th. The DEP indicated plans for the pier must be redesigned so that the “fish house” at the end of the pier is built with no walls and a handrail all around. The pier was last replaced in 2000. The State Governing Board of Trustees in charge of State lands has made it an ironclad rule there will be no enclosed structures built on state waters. The plans have been redesigned and resubmitted. Mr. Hunt commented the District’s option on the walls is a “dicey appeal”, and will potentially fail, which may stall the project for 6 or 8 months. These plans can be approved in 30 days if the District chooses not to appeal.
Ms. Weglein requested to receive a copy of the correspondence between the District and the State of Florida. Mr. Hunt agreed to provide the Board with copies of the correspondence and also letters to Frazier Engineering concerning the pier plans. Mr. Carillion asked if, after the pier was built, the District could request walls. Mr. Hunt commented the structure could be built as prescribed by the State and the District could make its request during construction. Ms. McCahan asked what the building will consist of without walls. Mr. Hunt replied it will look identical to the former structure except there will be a hand railing in stead of the walls. The original plans are designed for walls, so they would not have to be redrawn should the appeal prevail. Mr. Carillion asked Mr. Hunt to investigate the feasibility of temporary canvas covers that could be taken down (or rolled up) in a strong storm.
Ms. McCahan made a motion to proceed with the project as the
State requires and amend “it” later. Second
Mr. Carillion. Mr. Bolon asked how that would affect the bidding process. Mr. Hunt
commented the substitution of the hand railings for the walls would reduce the cost. Motion
carried unanimously.
In the aluminum project, Pool One will be open Thursday morning; work has been done at the Pro Shop. The contractor is working on D&E. The Lounge will be open on Wednesday evening.
The District has transmitted plans for the maintenance building to the building department and requested a building permit based on the plans.
The ARCC/Code Enforcement workshop is set for April 18th at 1 p.m. in D&E. There was discussion regarding beginning the meeting at 12 noon if possible.
Mr. Hunt contacted Mr. Washburn regarding the canal cleaning costs. The crux of the problem is the District has until Thursday or Friday to commit to Mr. Raff before the contractor pulls his equipment out of the Bay. If the County will do the work for a price lower than Mr. Raff’s, Mr. Hunt will go ahead and contract with the County. If the county is unwilling to do the work, Mr. Hunt sought the Board’s approval to contract with Mr. Raff. Mr. Bolon asked if the agency that comes in and sprays had had a chance to bid the project. Mr. Hunt replied they did not because the work requires a crane. Ms. Donohue asked how long it would take the County to do the job if they agree to. Mr. Hunt deferred to the Board members who might know, since the last time the County cleaned the canals was “before his time”. Mr. Bailey commented the County has its own schedules and he doubted the County would come for such a small project as Barefoot Bay. Mr. Carillion deferred to Ms. Osborne in the audience. Ms. Osborne concurred with Mr. Bailey’s opinion. Mr. Bolon commented the County’s method in the past has been to put Barefoot Bay on a list, then to come for about a month and do the work. Mr. Bolon commented contracting with the County is cheaper than going outside. Mr. Hunt commented his understanding is the County is the Board’s first choice. Ms. Weglein requested Mr. Hunt to inform her of the County’s answer “tomorrow” [April 12]
Ms. Donohue made a motion to wait and see what the County will
agree to do. If the County is not amenable to cleaning the canals, the District can
solicit bids outside. Second Mr. Carillion. Mr. Bolon moved the question.
Motion carried unanimously.
Mr. Hunt commented he needed more time to gather information regarding purchase of a vehicle. He will bring the matter to the Board at the next meeting.
The Garden Club has asked for a new greenhouse. The District has collected approximately $4,500 in FEMA funds, and approximately $14,000 in insurance monies, for a total of $18,000. Bids the Garden Club has solicited indicate the new greenhouse will cost about $14,000, $16,000 at the most. Although the greenhouse is not next on the Board’s priority list, the FEMA money must be spent on the greenhouse within a short period of time. Mr. Hunt requested the Board entertain a motion to allow him to go out to bid on the greenhouse.
Mr. Bolon made a motion to allow Mr. Hunt to bid the greenhouse. Second Ms. McCahan and Mr. Carillion simultaneously.
Ms. McCahan asked about the maintenance shed at the softball field.
Ms. Weglein commented Mr. Dobrochowski told her the shed was going to property services.
The Trustees understood the shed could have been used for the Garden Club. Mr. Hunt
clarified that the greenhouse in question is a glass enclosure, a real greenhouse. Mr.
Carillion asked if the Garden Club donated plants to Petals and Palms. Min Bolon replied
“occasionally, not often”. Motion carried unanimously.
The cameras at Pool 2 are operational. Mr. Hunt requested the Board approve the $1,100 to purchase camera systems for Pools 1 and 3. Mr. Bailey made the motion. Second Mr. Carillion. Motion carried unanimously. Mr. Hunt commended Mr. Geer for his work in getting the camera systems set up.
RV Storage Facilities: no change.
The well at the entrance to the Bay is operating, rehabilitation is commencing.
Lawn bowling fence: working on that.
Fence behind 2002: the permit is jammed up at the County level. Mr. Hunt will visit the county later in the week to facilitate obtaining the permit. He commented there have been citizen complaints that have caused the County to “look askance” at that permit. Ms. McCahan asked Mr. Hunt to clarify his statement. Mr. Hunt declined to comment until he had more facts at his disposal.
Mr. Carillion referenced the issue of wood being covered with aluminum or vinyl. He commented that research into the Deed of Restrictions and Board of Trustees minutes back as far as 1973 shows no allowance for wood. Add-ons will be metal. The issue is that Code Enforcement wrote a letter, apparently based on a letter from Mr. Torpy’s office, that a certain house could be sold with the wood not covered with approved material. Mr. Malek read from the opinion letter written to Mr. Austin: “It is our understanding that the ARCC has required that wood used for patio and carport roofs must be wrapped with aluminum or vinyl material.”
Ms. Donohue requested that the old insurance company office in the
Shopping Center be used for storage. The space can’t be rented out because it lacks
bathrooms. The bathrooms would cost more to install than the rental unit would bring in
each month. Mr. Hunt commented the space should probably be used for “condition
sensitive” materials and those things pertaining to the Shopping Center. Ms. Donohue
made the motion to use the space for storage. Second Mr. Bailey.
Motion carried unanimously.
Ms. Weglein asked after Mr. Torpy’s health. Mr. Malek indicated Mr. Torpy is “resting and recovering.” Mr. Malek commented the audit is on track; Ms. Claybourne has indicated the report will be presented to the Board at the second meeting in May. [May 23rd] Mr. Malek commented the workshop on April 18th involving the Trustees Board, the ARCC, the Code Enforcement Board and Code staff, is very important. Mr. Bolon requested a segment on the Sunshine Law be included in the workshop.
Mr. Malek commented the County inspected 406 Raven and did not find that it was a health or safety risk just because there may be no water or electricity. The County will not demolish it. Mr. Malek understands the property has been cited for debris in the carport. Mr. Bolon commented the DOR states a house in Barefoot Bay will be hooked up to water and electric. Mr. Carillion commented the house has water and electric, but no working toilets. While the District cannot mandate what happens inside the house, the outside of this property is in violation of the DOR. Mr. Malek commented that Brevard County has done all it intends to on that property, but it appears the County intends to begin fines against the property. The District’s violation committee process is in place, and that is about all anyone can do. Mr. Malek commented the entire process from this point to final resolution is likely to take about a year. Mr. Malek offered to draft a reporting letter to the Board and to Mr. Hunt that will become a public record. The Board concurred that Mr. Malek should draft the letter.
Mr. Bolon commented Code Enforcement received 258 complaints for the month and has cleared 100 of them. The most prevalent problem is the lampposts.
Mr. Carillion read the monthly report regarding ARCC applications (Exhibit B). Ms. Weglein commented River Grove had told everyone who signed up with them that the time frame was about “a year out”. The ARCC gives a 3-month permit, then the residents get a letter from the Bay saying they’re about to be fined. Is there any way to accomplish the process without having to renew the permit every three months? Mr. Carillion agreed to meet with Mr. Hunt to address the issue of revamping that part of the process.
Mr. Bailey reported 149 work orders were written from March 2nd to the 22nd. 127 of them are completed.
Ms. McCahan reported from a financial statement for the Food & Beverage Department. For January 2006, the Lounge took in $15,511; February $17,742; March $26,924; April $7,965 to date. This totals $68,148 to date. The 19th Hole in January made $18,442; February $19,367; March $21,727; April to date $5,226 for a total of $64,960. In 2005, the Lounge made $137,364. The 19th Hole made $196,136. The Lounge made more in 2005 than it did in 2004. The 19th Hole made more in 2005 than it did in 2004. Mr. Hunt commented the figures Ms. McCahan presented are revenues. They do not represent profit and loss. Ms. McCahan commented she will ask the Food and Beverage Manager to set up the figures that way next time.
Ms. Donohue had no report at this time.
Ms. Weglein introduced Chris Hill from Commissioner Voltz’s office. Mr. Hill commented Ms. Voltz plans to write an article for the Tattler that will address ambulance issues as well as more information on the train situation. Regarding Micco Road improvements, the Federal Highway Administration is doing the sidewalk portion and they have final say on the plans. Brevard County and the FDOT were set to go, but the Federal Highway Administration wanted to make some changes. Half of Snug Harbor is hooked into Barefoot Bay water. Currently, Crystal Bay is permitted for 135 units to be hooked into Barefoot Bay water. FDEP oversees Crystal Bay.
Ms. Weglein attended the 7-County meeting in Orlando on growth in Florida. One of the concerns is that each county has its own operational criteria. The Growth Committee would like to see more uniform building policies among the counties. There are new air times for the Trustees meetings: Monday at 9 p.m, Thursday 12 noon; Friday 9 a.m., Saturday at 8 p.m.
Ms. McCahan reminded Mr. Hunt she had asked for a flow chart. Mr. Hunt responded that it would come with the budget next month. Ms. McCahan asked if Mr. Geer had had an opportunity to look at the issue of the lights in the D&E parking lot. Mr. Hunt responded there is a work order in on that. Ms. McCahan commented that the light in the side garden at Restaurant 2002 is not putting out much light. Mr. Geer responded that one reason the lights there are not as bright as they might be is for the neighbors across the street. Ms. McCahan acknowledged the A/C unit had been removed from behind 2002. She asked about the 12 ft tall refrigerator. Mr. Hunt responded that particular issue had not been resolved yet. He would get back to the Board on it.
Roland Boas requested that the resumes of the Trustees candidates be distributed at a meeting prior to their nominations much as the minutes are. Ms. Weglein concurred that this might be a good idea. Mr. Malek suggested that when an opening occurs on the Trustees Board, the information is disseminated at meetings prior to nominations and is available in the Administration office as a public record to whoever wishes to go there and get it. Ms. McCahan commented she took all the resumes that were received to the Barefoot Bay binders that are maintained in the library.
John Barry commented the yard sale on April 29 and 30 from 8 a.m. to 1 p.m [both days] for Devereaux has been relocated to Condordia Lutheran Church. The phone number for Ardith Barry is 664-5314.
Jim Short gave a copy of a letter to the Board of Trustees. He thanked the Board for the shed that had been delivered for the Over 60 Softball League. Mr. Short commented the League will see about building a ramp to get the tractor in the shed. On December 9, 2005 Mr. Short requested an increase in salary for the grounds crew that takes care of the softball field. He requests some action on this issue. Mr. Short asked if the County could be notified that Barefoot Bay’s streets need to be swept. Glass and nails and screws litter the gutters from construction. Ms. Weglein requested that Chris Hill take this issue back to Helen Voltz [Commissioner]. Ms. Weglein commented that sweeping has been brought to the County on many previous occasions with no results yet.
Ms. Weglein requested Mr. Hunt bring the softball salary issue to the next Board meeting.
Jeanne Osborne commented the minutes from the golf meeting are not available yet. The Golf Committee is concerned with getting a cover over the outside patio area. There was money raised and set aside for that purpose. The Golf Committee wants to know what happened to that money. Perhaps a retractable awning would help. Ms. Osborne commented the other major concern is the amount budgeted for the Golf course [$42,000]. One Source is a big budget item, but Ms. Osborne wants attention paid to items that are not covered by the One Source contract. Ms. Osborne suggested that the resumes and the financial reports could be summarized and handed out at meetings much like the minutes. Ms. Weglein asked if the money Ms. Osborne referred to was the Sadie Hawkins money. Ms. Osborne responded it was from Sadie Hawkins and a few other fundraisers.
Dick Coy commented on the Lounge passes that are used for lunches only. He objects to having to pay $2.00 for a guest pass for his date. Mr. Hunt agreed there must be consistency: the Board of Trustees authorized Lounge passes for lunch only several years ago, and that remains the current policy.
Jim Malatos spoke against sex offenders living in Barefoot Bay. He asked if the Board, working with the Sheriff’s department, could post a list at Building A. Mr. Carillion commented the Guardian is available at the library. Ms. Weglein commented the Home Owners Association is getting involved in this issue. Mr. Boas commented the Bay needs to choose an official publication. Mr. Bolon responded that the Trustees Board had voted the Press Journal as the official newspaper the Board uses for publication. Ms. Weglein commented the Sheriff’s website lists all the offenders and their locations. Mr. Hunt commented the District would gain some liability by posting names and pictures on District property. The COPS advises many on what channels to follow if they are concerned. Ms. Weglein commented the Government TV channel airs pictures and names of sex offenders at approximately 5 in the morning. She suggested following up with the HOA to see what they are doing with it.
Ms. Weglein entertained a motion to adjourn. Mr. Bolon made the motion to adjourn; Second Ms. Donohue. The meeting adjourned at 2:48 p.m.
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