Minutes for April 22, 2008
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DRAFT
BAREFOOT BAY RECREATION DISTRICT
Board of Trustees
Meeting
Tuesday, April 22, 2008
7:00 p.m. – Building D&E
The Barefoot Bay Recreation District held regular meeting on April 22, 2008 in Building D&E, Barefoot Bay, FL. Chairperson Wilma Weglein called the meeting to order at 7:00 p.m.
Ms. Weglein acknowledged President Harry S. Truman and requested prayer for all servicemen serving abroad and veterans who have served in the past.
Pledge of Allegiance
Ms. Weglein led the Pledge of Allegiance to the Flag.
Ms. Crouse called the roll. One seat is vacant. Mr. Repperger was present as counsel.
Approval of Minutes
Ms. Weglein entertained a motion to approve the minutes of March 25, 2008. Mr. Klosky made the motion. Second Mr. Peet. Motion carried unanimously.
Ms. Weglein entertained a motion to approve the minutes of the March 29, 2008 Long Range Planning work shop. The motion was made by Mr. Peet. Second Mr. Bleau. Ms. Crouse commented only the mission statement was approved by the Committee. Vision and values were not discussed, and should not be a part of the minutes. Mr. Farrell said only values were left out; he suggested striking “values” from the minutes. Mr. Allan commented if the “values” were stricken, the minutes would stand as they are. The Board requested the Recording Secretary to instate “the final version” of the March 29th meeting rather than the original version of the document. Ms. Weglein said the motion therefore says to remove the vision and values sections and the mission statement from these minutes at this time. The minutes were approved as amended.
Ms. Weglein entertained a motion to approve the minutes of April 11, 2008. Mr. Klosky made the motion. Second Ms. Crouse. Ms. Weglein corrected the date reference on the first page from December 12th to October 12th. Mr. Farrell was excused from that meeting; the minutes should reflect that. Motion carried unanimously.
Treasurer’s Report
Mr. Guinther presented the Treasurer’s report (attached for reference). Mr. Guinther said he would bring the Board the breakdown of the gas bills and a monthly statement of checks written. Mr. Klosky requested deposits and credits as well. Mr. Guinther commented the payroll figures in the report are based on 72 employees. SBA transferred $8,624.21 from the B account to the 3 A accounts. Ms. Crouse made a motion to approve the report as presented. Second Mr. Peet. Motion carried unanimously.
Ms. Crouse commented in the April 11 minutes a motion was made to have these figures on a two week basis so the figures would be available at each Board meeting. Mr. Peet asked for the figures once a month. Mr. Guinther agreed he could have the figures 5 days before each meeting. The Board reached consensus the figures will be presented 5 days before each meeting.
Audience Participation
Bill Sayles said if the Bay were to file lawsuits against every property in significant violation of the DOR the courts would be clogged. He urged a better way to address subpar properties.
Unfinished Business
The PayChex proposal remained tabled pending an update.
DOR cases under Resolution 2006-1: Mr. Repperger referred to his memorandums to the Board (attached for reference.) Resolution 2008-1 was passed. The Board removed fining from the DOR enforcement process. Mr. Repperger created 3 categories of cases. Exhibit A are cases that still have outstanding violations or fines and have not brought their properties into compliance. Exhibit B are closed cases with affidavit of compliance and outstanding fines. Exhibit C are cases that have been brought into compliance and on which amounts have been paid (settled cases). April 2005 is the cut-off date of the lists. Other cases may be outstanding, and other amounts may have been paid. Mr. Repperger did not recommend the Board engage in any foreclosure actions on outstanding fine amounts. Ones that are currently accruing operate as clouds on the title. Mr. Repperger recommended the Board waive existing liens and authorize filing of necessary documentation to deem those cases are waived or satisfied. On accruing cases, the Board must deal with those cases. Mr. Repperger recommended those cases come to the Board’s attention either in groups or together, and consider filing legal action against the ones with outstanding fines. Under 2008-1 the Board can bring those cases on its own initiative which may include lawsuits. Mr. Repperger did not recommend the Board refund amounts paid in settled cases. The fines and the process has never been deemed “judicially invalid”.
Mr. Farrell made a motion to have the DOR Enforcement staff in concert with[our] attorney take the appropriate action to discharge, release, and/or determine that all fines/liens listed in Attachments A & B (provided by our attorney) are fully satisfied and authorize them to so release and discharge said fine/lien amounts. And that [we] also have them pursue those cases with legal or equitable action to achieve compliance with the DOR once the fine/lien has been released as provided in Section II of Resolution 2008-1. Second Mr. Bleau. Motion carried. Mr. Klosky was opposed.
Mr. Repperger went on to discuss the pros and cons of litigation. Property rights issues are a concern. However, the Board is now consistent with the DOR. The expense of a lawsuit may determine which cases are significant enough to pursue. Some of the cases are delinquent in assessment fees as well as DOR Enforcement issues and some are tied up in foreclosure actions. Mr. Brandewie commented there is sentiment among the residents to pursue Legislative changes to allow Special Districts to have fining authority. Mr. Allan moved the question.
Ms. Weglein commented that only one resume had been submitted to the Board to fill the vacant seat. Mr. Klosky proposed extending the time to accept letters of interest by two weeks until the Board meeting May 9th. Ms. Weglein hoped Mr. McAfee wouldn’t mind. Mr. Allan and Mr. Repperger pointed out “by the rules” the Board should seat someone at the very next meeting after the vacancy occurred.
New Business
Operating procedures for ARCC: Mr. Peet said his document was basically lifted from the DOR with the quorum reference taken from Robert’s Rules of Order. Three previous ARCC Chairpersons used the voting item. The document is intended as an internal operating procedure. Ms. Crouse commented the ARCC document belongs in a procedures manual. Mr. Peet commented the term was taken from the DOR and must remain as is. Mr. Peet agreed the ARCC document could wait until the policies and procedures meeting to be discussed further. Mr. Repperger commented that under Article II, Section of the DOR, the term of the members of the ARCC shall be for an indefinite period.
Ms. Weglein entertained for a motion to remove Mr. Ferris’s name from the District bank accounts. Ms. Weglein suggested Mr. Allan be instated in place of Mr. Ferris. Mr. Peet made the motion. Second Mr. Farrell. Motion carried unanimously.
Ms. Weglein asked Mr. Brandewie if he were still investigating changing banks. Mr. Brandewie said the investigation is ongoing. Mr. Guinther suggested Mr. Brandewie be added to the check signing list as Community Manager. Ms. Weglein commented in changing banks the District will go to a two signature account, one Trustee and the Community Manager and that will happen if the District changes banks. Ms. Crouse commented two signatures could be used currently as a safeguard whether the District changes banks or not. Mr. Allan asked if the District had changed policy from previous years as to how checks were signed. Ms. Weglein responded there has always been one signature, not two. Mr. Allan asked whose signature. Ms. Weglein responded it was either the Community Manager or a Trustee. Mr. Allan stated that policy is still in force and Mr. Brandewie should be added as a signer to the accounts. Mr. Guinther concurred Mr. Brandewie should be a signer on the accounts, and to limit a single signature to $5,000. Mr. Brandewie agreed to the two signature system, suggesting the authorization be granted after his probationary period.
Mr. Guinther made a motion to add Dan Brandewie as a signatory on the District accounts. A single signature is limited to $5,000. Second Ms. Crouse. Motion carried unanimously.
Community Manager’s Report
(Report attached for reference.) Mr. Brandewie continued discussion relevant to moving staff to temporary quarters and arrangements for the computers and telephones. Ms. Crouse spoke with the concrete modular suppliers; they will forward sample office plans to her. She said $5,800 a month is “doable” but the total cost of the unit is prohibitive. Mr. Allan commented a referendum could be put on the November ballot; residents will decide whether to replace Building F or not. Mr. Guinther commented to replace Building F in its original footprint does not require a referendum. Discussion of the ADA referendum ensued. Mr. Allan pointed out the referendum stated only that the Board could exceed the $25,000 spending limit to install bathrooms not when it should be done. Mr. Bleau recommended the discussion be tabled until the budget issue becomes clear.
Mr. Farrell requested a budget workshop to review 2007-2008. Ms. Weglein suggested Wednesday, May 7th at 6 p.m. in Building D&E. Ms. Weglein will check room availability. Workshop for the new budget will be May 21st at 6 p.m. Mr. Repperger will not be needed at the budget workshops, but will attend the policies and procedures workshop.
Mr. Brandewie continued his report at “use of District facilities”. Mr. Klosky requested two bids on the pools gas issue per policy. Mr. Bleau requested Mr. Brandewie get estimates on electric pool heaters rather than automatically repairing gas heaters. Mr. Bleau commented the District would save money on the electric heaters. Ms. Crouse asked Mr. Brandewie to research solar heaters and state grants.
Diane Sauls was brought on board as District finance specialist full time and Vicky Hay as assistant receivables clerk part time. The Accounting Manager position is about to be advertised and posted. Mr. Farrell requested a job description be sent to him. “Finance Specialist” is a new job title which broadened the scope of duties that could be assigned to that position and allow for cross training; the District is still under budget with staffing.
Air conditioning improvements in Building B: of three quotes, one is $4,654 to place a 7.5 ton unit on the ground near the tower at Building B. This is considered the best quote. Mr. Farrell made a motion to allow that expenditure. Mr. Farrell requested a bid tablature with justification of the decision to make it easier for the Board. Second Mr. Klosky. Motion carried unanimously.
Workmen’s Compensation approved Margaret Galeone’s claim. Mr. Repperger explained the agency found there was “good cause attributable to the employer”. He urged the Board to direct Mr. Brandewie to perform a cost analysis before appeal. Mr. Bleau made the motion to appeal. Second Ms. Crouse. Mr. Repperger commented the District has 20 days to appeal. Motion carried unanimously.
Mr. Guinther asked about Pool One furniture. Mr. Brandewie briefly discussed a quote he received. One set of chairs are 17”, one is 14”. Ms. Crouse commented for stacking, the chairs should be all of one height; agile people will be able to use the 17” furniture and that height will facilitate use by people who have difficulty moving about. Mr. Brandewie said he would bring it back to the Board at the next meeting for further discussion.
Mr. Guinther made a motion to purchase chairs immediately for Pool One up to the amount of the Kiwanis check [$5,000]. Second Ms. Crouse with the amendment the chairs will be 17” high. Motion carried unanimously.
Attorney’s Report
Mr. Repperger presented a full status report of all cases the legal office is handling for the District. Mr. Repperger provided an explanation of how the legal office designates matters on the list.
Second, MVB weir analysis: Bruce Moia said the as-builts
and the original design are different. The original design had more, bigger
inlet structures. Mr. Repperger explained how weirs work; the structures the
District has in place back up the water and restrict flow. Riprap was supposed
to be put in at the bottom of the Dottie Lane weir to restrict grass growth.
Grass is now blocking openings at the bottom of the weir. Erosion happens from
the force of water coming up and over the top of the wall. Frazier Engineering
contends it is a maintenance issue; MVB contends the maintenance issue is the
result of a design flaw. Mr. Repperger commented the back-up will affect issues
upstream of the weir. MVB believes the fix involving a 3 x 8 riser added to the
Egret Weir could work to a height of 3’3” but will fail at the proposed 3’8”.
Mr. Repperger plans to go to St. John’s and evaluate their perspective regarding
changes in the as-builts versus the original permit. Mr. Bleau commented that
just before the Dottie Lane Weir project was started, Brevard County engineers
came to inspect the pipes running under the weir. They concluded the 48” pipes
did not need to be replaced because they were still serviceable. This may
account for the smaller inlet structures. Mr. Guinther asked if riprap should be
added to suppress the weeds, and some added behind the weir to shore it up in
case of hurricanes this season. Mr. Repperger said “It probably wouldn’t hurt.
The weeds and growth that are there have to be cleared out. Whether that’s a
design defect or not, it’s a maintenance issue that has to be cured.” Mr. Bleau
suggested cutting a manual door into the box to open in case of water buildup;
the District did this in the past with gates.
Trustee Liaison Reports
Mr. Peet reported Lillian Richards resigned from the ARCC committee. He thanked her for her service. Gary Peterson is the new appointee from the Homeowners' Association to fill that position. The ARCC approved fourteen applications last week. As soon as the Homeowners' Association secretary returns from vacation, a letter regarding Mr. Peterson will be sent to the Board of Trustees.
Mr. Klosky reported on the RV compound on Micco Road. Mr. Klosky will reschedule the RV meeting when the RV club president returns.
Mr. Bleau reported residents are complaining about the green building on the golf course. In the 19th Hole the men’s room is being repaired with tile.
Mr. Allan commented Resolution 2008-1 has been in force for a couple of months and the results will be showing up soon in the Violations Committee. The Violations Committee is seeking an alternate. Interested persons please submit letters to Mr. Brandewie, the Community Manager.
Ms. Weglein commented cities are becoming “green”. She will research ways the League of Cities dinner speaker mentioned for everyone to recycle more.
Ms. Crouse added there are recycling stations in Building B for eyeglasses; the recyclers who came to the Bay recently have tubes available to dispose of fluorescent bulbs. Homeowners' Association orientation is Sunday from 1 -3 pm. Youth Group is doing “Relay for Life” on April 26th. Donations can be made through Robin Phillips.
Mr. Guinther reported he suggested wall brackets for defibrillators at the pools and to mark the cabinets where they are kept so people will know where to look. He said the Pool 1 pool hosts didn’t know where that one was. He gave the list of suggestions to Jim Reilly and John Morris. Mr. Guinther suggested a CPR training class to Mr. Brandewie.
Mr. Bleau provided information on Petals and Palms to the Board. The by-laws were revised in 2007. Ms. Stukas, Petals and Palms president, asked Mr. Bleau to remove pygmy palms from Pool 2 and replant them elsewhere. Mr. Bleau was accosted by Walter Myer within the Pool 2 enclosure when he attempted to do so. Petals and Palms was granted the authority to do plantings and take care of certain areas within the Bay. Mr. Bleau commented Petals and Palms authority should be discussed within the Trustees’ Policies and Procedures framework. Mr. Guinther asked if Petals and Palms were responsible for “the two corner gardens” at Pool 2. Mr. Bleau said they are. Mr. Guinther commented he wanted to know because the gardens need work. Mr. Klosky commented he’ll weed the gardens “tomorrow”; the only ones who should plant anything are District maintenance workers or Petals and Palms.
Mr. Allan apologized for his vehemence earlier in the meeting saying Ms. Weglein “holds the gavel” and he respects that.
Audience Participation
Nancy Eisele said the Homeowners' Association orientation is open to everyone. May 1st is a National Day of prayer. There is a prayer gathering near the lake at noon.
June Lane asked the Board to revisit its original commitment to the Youth Group when it agreed to provide the Youth Group with a place to meet. Ms. Lane reported opening ceremonies for Relay for Life will be at Sebastian High School at 6 pm Friday.
Bill Sayles asked to meet with Mr. Brandewie on the canal issue.
Adjournment
Ms. Weglein entertained for a motion to adjourn. Mr. Ferrell made the motion to adjourn. Second Mr. Peet. The meeting adjourned at 10:05 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