Minutes for April 11, 2008
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DRAFT
BAREFOOT BAY RECREATION DISTRICT
Board of Trustees
Meeting
Friday, April 11, 2008
1:00 p.m. – Building D&E
The Barefoot Bay Recreation District held regular meeting on April 11, 2008 in Building D&E, Barefoot Bay, FL. Chairperson Wilma Weglein called the meeting to order at 1:00 p.m.
Ms. Weglein said Woodrow Wilson loved golf so much he played golf in the snow using black golf balls. Ms. Weglein requested prayers for servicemen and for those retired servicemen living in Barefoot Bay who have served so well.
Pledge of Allegiance
Ms. Weglein led the Pledge of Allegiance to the Flag.
Ms. Crouse called the roll. Mr. Ferris resigned his seat. Mr. Repperger was present as counsel.
Approval of Minutes
Ms. Weglein entertained a motion to approve the minutes of the December 12, 2007 work shop. Mr. Peet made the motion to approve. Second Mr. Klosky. Motion carried unanimously.
Ms. Weglein entertained a motion to approve the minutes of the December 12, 2007 regular meeting. Mr. Klosky made the motion. Second Mr. Peet. Ms. Crouse requested “New Community Services” be corrected to read “New Community Strategies”. The minutes were approved as amended.
Treasurer’s Report
Mr. Guinther read the treasurer’s report (attached for reference). Mr. Guinther said the SBA interest was calculated at 3.07%; the money market account is calculated at 2.03%. The Storm water account was established in 2000, and in 2001 it was required to be a separate account. Because the Storm water account is at a minus, it currently cannot stand alone and is included in the General Fund. Mr. Guinther explained the account was used for fixing the weirs and to pay back the Florida League of Cities loan. Ms. Crouse made a motion to approve both reports. Second Mr. Klosky. Motion carried unanimously.
Ms. Weglein reported since March 2007 Mr. Repperger’s legal charges are $97,295.94 (13 months). Mr. Torpy’s last 8 months totaled $128,721.25. Ms. Crouse explained for the benefit of the residents the Treasurer’s report deals only with invoices over $10,000. Ms. Crouse requested a list of all checks written every two week pay period. Ms. Crouse made a motion that each check written in a two week period previous to a Board meeting be presented to the Board even though it is not read aloud. Second Mr. Klosky. Motion carried unanimously. Mr. Peet requested a list of District expenses on a monthly basis.
Audience Participation
Mr. Ferris said his resignation from the Board of Trustees is not about winning or losing; it is about taking a stand on principles, values, and ethics, and not accepting unacceptable behavior. Mr. Ferris said the obligation of Special District Services and the Community Manager are to inform, to educate, and communicate. He said his time on the Board has been a memorable experience and thanked those he had agreed with and those he hadn’t.
Unfinished Business
Expanded Paychex proposal: the proposal remains tabled. Mr. Brandewie interviewed ADP. He requested more time to evaluate and compare the two companies.
Mr. Repperger requested Resolution 2006-1 remain tabled for one more meeting. The legal office has been working with District staff to distinguish which cases Board action will apply to.
New Business
Ms. Crouse read Mr. Ferris’s resignation letter (attached for reference). Ms. Crouse made a motion to accept Mr. Ferris’s resignation. Second Mr. Bleau. Motion carried. Mr. Klosky was opposed. The Board gave consensus to fill the vacant seat until November. Ms. Weglein requested interested persons to submit a resume with their application to the Administration office before the next Board meeting April 22, 2008.
Mr. Bleau made a motion to move Mr. Allan into the First Vice Chairman position. Second Mr. Peet. Motion carried unanimously.
Mr. Allan nominated Mr. Bleau as 2nd Vice Chairman. Second Mr. Klosky. Motion carried unanimously.
DOR Enforcement
Case #731-05-07 368 Egret Circle Mr. Austin presented a letter from the new property owner citing contractor issues. Mr. Austin said there were problems with the ownership of the house because of probate; he recommended removing the fine entirely. Mr. Allan made a motion to remove the fine. Second Mr. Peet. Ms. Crouse questioned the time lapse between observing the violation and bringing the case to the Board. Mr. Austin replied there were several houses having the same problem with the builder; DOR Enforcement was working through a realtor to solve the general problem. The builder corrected two houses through court action. Mr. Austin explained he recommended dropping all costs because there was no one to fault other than the builder who went to jail. Ms. Crouse recommended the minutes record the fact that the Board is removing the fine and costs so there is no concern later regarding where the cost factor went since the wording does change from incident to incident. Mr. Allan amended his motion to reflect Ms. Crouse’s request. Mr. Bleau amended his second. Motion carried unanimously.
Case #297-05 904 Fir Street Mr. Austin presented a letter from the owner explaining the issues that interfered with addressing that violation. Mr. Austin recommended removing the fine, but assessing costs in the amount of $193.58. Mr. Klosky made a motion to remove the fine and the costs. Second Mr. Guinther. Motion carried. Mr. Allan was opposed.
Case #631-12-06 922 Laurel Circle Mr. Austin recommended to remove the fine and do not assess costs. Mr. Klosky made a motion to remove the fine and costs. Second Mr. Peet. Mr. Allan requested the costs be paid. Motion carried. Mr. Allan was opposed.
Case #650-02-07 922 Laurel Circle Mr. Austin recommended removing the fine and not assessing the cost. Ms. Crouse made the motion to remove the fine and the cost. Second Mr. Peet. Ms. Crouse itemized the costs in this case including $10 to file with the Brevard County Clerk of Courts and certified mailings. She wanted to know why certain costs accrued after the violation was corrected. Mr. Austin explained TBD means “to be determined” and would be the costs resulting from whatever action the Board would take at this meeting. Motion carried. Mr. Allan was opposed.
Community Manager’s Report
Mr. Brandewie distributed the results of the strategic planning session March 29th. The next planning session workshop will be May 3rd at 9 a.m. to 1 p.m. Mr. Brandewie’s report is attached for reference. The District’s budget in draft form is scheduled for Board presentation in May. The budget was not set up in the SAGE system in October 2007. Mr. Brandewie suggested there should be a workshop as soon as possible to make adjustments to the 2007 budget.
Holmes Regional owns the medical building near the Bay’s entrance; moving staff to District owned facilities is much less expensive. The main problem appears to be the telephone/computer hub. Ms. Weglein requested the floor plan Ms. Daddario created for a modular building in place of Building F be brought out again. Ms. Weglein felt the audit should be accomplished before the move was considered. Mr. Peet requested more information in the form of a list of options showing comparisons of various plans. Mr. Allan suggested a member of the Board might be helpful in gathering statistics regarding moving plans.
A workshop is scheduled April 30 from 1-4 p.m. to continue discussion of the Trustees policy manual.
Mr. Brandewie discussed full time and part time employment policy which occurs mainly among the pool hosts. He suggested going with a largely part time staff in that department and a work shop to clearly define employment policy. Mr. Brandewie discussed FEMA and the Golf building; he has assigned Ken Austin to work on that project. The Over 60 Softball League developed quotes to repair the softball outfield. Building A air conditioning: if the A/C unit is put in the tower, there could be additional expense for sheet metal and wiring. A/C at Building D&E’s north end has also malfunctioned. Ms. Crouse requested that the Community Manager look at facility usage regarding times when A/C could be regulated more efficiently. Mr. Tennier’s letter requesting billiard table repair was circulated to the Board. Aurora Billiards repaired the tables originally; Mr. Tennier contends maintenance work should not require going out to bid every time. The Pier gate was rehung after vandals damaged it; the gate was left open temporarily because residents complained of having trouble with their keys. Ms. Crouse said one solution might be a magnetic entry system. Discussing lounge paint, Ms. Crouse suggested lightening the green paint we have and using that.
Kiwanis donated $5,000 toward pool furniture. Mr. Brandewie thanked Kiwanis for their gracious interest and presented pictures of the chaise lounge models that are being considered. Ms. Crouse requested that ordering them be delayed until “load limits” and durability were determined.
Ms. Crouse commented she reviewed the DVD of the interview SDS gave October 5, 2007. SDS indicated they could handle Human Resources. Ms. Crouse said she believes SDS “should be held to the line they developed”.
Attorney’s Report
Mr. Repperger said Bruce Moyer of MVB inspected the weirs and reviewed the St. John’s files. At Egret the integrity of the weir appears intact but functionality lacks. At Dottie Lane erosion is the issue; Mr. Moyer indicated it should not be eroding, and was not a maintenance issue. Mr. Repperger forwarded photos of Dottie Lane to Mr. Moyer. Mr. Repperger asked if Brevard County had brought equipment to clean around the pipes that go under the road. Mr. Brandewie had not confirmed this. Mr. Austin indicated the area has been cleaned.
Mr. Repperger furnished an overlay of Brevard County ‘s right of way at the Bay’s entrance. The signs cross the right of way line onto the private property line. Public records and title searches do not reveal any agreement from Avatar for maintenance of the sign. Mr. Brandewie commented Mr. Abbott has applied for rezoning of the concrete area north of the sign; the application allows a small “strip mall” including a grocery store. Keith Alward of Brevard County ‘s Roads and Bridges agency indicated upgrades beyond routine maintenance would require a right of way use agreement. At that point the District could apply for grants. Ms. Weglein found a copy of the original sale contract from Avatar to Barefoot Bay. Mr. Repperger requested a copy. Ms. Weglein asked if the District must still keep outdated lease agreements from Avatar’s time. Mr. Repperger replied they could be destroyed as long as the District is within the Division of Library’s record retention schedule of destruction [records recorded on their form as having been destroyed].
Trustee Liaison Reports
Ms. Crouse reported on the Homeowners' Association. The Hawaiian dinner dance is April 19th. She reported results of ComCycle’s recycling event.
Ms. Weglein circulated copies of evaluation forms regarding Special District Services and Mr. Brandewie. She requested the forms be filled out and returned by the April 22nd meeting. Mr. Repperger commented the evaluation forms will be signed by each Trustee; he said the Board may want to forward each form to Ms. Jenkins, who will begin compiling the information as a means of abiding by the Sunshine Law. Copies become public record.
Mr. Bleau asked Mr. Brandewie if the recent pool host vacancy occurred through termination or resignation. Mr. Brandewie responded his preference is to not discuss personnel issues at a Board meeting. He is willing to discuss the issue with the Trustee after the meeting.
Mr. Klosky will make an appointment with Mr. Brandewie and the president of the RV club at a later date regarding the RV lots.
Mr. Peet reported ARCC reviewed 32 permits and made 29 inspections. He thanked Mr. Repperger , Mr. Brandewie and Ken Austin for their help removing the Australian pines. The recent planning session represented a cross section of residents working together with the Board; Mr. Peet hopes this spirit of cooperation will continue.
Mr. Klosky asked that mouth-to-mouth resuscitation barrier cups be bought for the defibrillators. Ms. Crouse reported the defibrillators are accessible at Pools 2 & 3. Mr. Allan remarked mouth-to-mouth is not currently part of CPR. Staff may need training on current procedure.
Mr. Allan commented that although Mr. Ferris and some others did not agree with Mr. Brandewie’s personnel decisions, he himself did. “There are two sides to every story.”
Audience Participation
John Barry commented there is always lots of talk about money going out; how about money coming in? Mr. Barry specifically mentioned Food and Beverage and Golf.
Bob Carillion, without naming names, expressed objections to a certain individual having been asked to help restore computer functions in Building F. Mr. Carillion castigated the Board for giving access to a person who is now spearheading a class action suit against the Bay. Ms. Crouse asked if there has been any effort made to deny access to that individual and if we can verify that he no longer has access to our equipment. Mr. Brandewie responded “That has been done.”
Jeanne Osborne commented on the Storm water account arrangements. Mr. Guinther explained Ms. Daddario put the account and the shopping center account into the General Fund in 2007. Ms. Osborne observed the Sheriff’s lease is up in November; they might move sooner if asked. She reminded the Board that referendums take a long time and cost real money in regard to demolishing Building F and putting up a new building.
Bob Armbruster, President of Over 60 Softball, presented the history of the ball field. He said the outfield is seriously deteriorated. Ms. Crouse said the quotes received did not reflect each bidder used the same scope of work. Mr. Armbruster said the exact same scope of work was presented to each bidder. The ball field has a sprinkler system, although most of the vendors don’t agree it should be used. Ms. Crouse cited “frequent” renovations to the softball field. Mr. Bleau requested the budget be reviewed before the outfield was fixed.
Bill Sayles objected to low water in the canals. Brevard County dredged them, but they have filled up with silt again; weeds are rampant. Mr. Sayles said spraying was effective when residents or staff went with the company to oversee it. Ms. Weglein and Ms. Crouse commented Maintenance does have a copy of the spraying contract, and had developed a plan whereby someone went out with the company’s technician.
Charles Mershon commented on Mr. Ferris’s resignation, asked what is being done to clear away problems so Code Enforcement can do its job properly, and railings at the pools. Mr. Repperger commented Code Enforcement costs probably won’t be recovered until the Legislature does something [to change the law]. Resolution 2008-1 provides methodology for enforcing the DOR.
Loretta Lynch: Mr. Guinther refuted Ms. Lynch’s assertion that the DOR isn’t legal. Mr. Guinther replied that the Board reviews the budget, as does the Community Manager. In regard to enforcement, Mr. Repperger suggested Ms. Lynch read Resolution 2008-1.
Dale Page expressed concerns regarding what he considers failures on the part of the Board in general.
Robin Phillips reported on the Youth Group. The kids had a great time swimming at Pool 3 on Friday night. The Relay for Life is April 26th at McDonald’s parking lot. She said her phone number is in the Bay directory if anyone wants to donate to the Relay for Life.
Jan Conrad, Aide to Commissioner Voltz: Ms. Voltz met in a focus group with citizens of Micco and Snug Harbor regarding the needs of older people. Ms. Voltz will lead a workshop held August 12, 2008 in Viera. This information will appear in the Tattler.
Adjournment
Ms. Weglein entertained for a motion to adjourn. Mr. Klosky made the motion to adjourn. Second Mr. Peet. The meeting adjourned at 4:25 p.m.
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