Minutes for May 11
2007
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Board of
Trustees Regular Meeting
Friday, May 11, 2007
1:00 p.m. – Building D&E
The Barefoot Bay Recreation District held a regular meeting
on May 11, 2007 in Building D&E, Barefoot Bay, Florida. Chairman John Keegan
called the meeting to order at 1:00 p.m.
Thought for the Day
As it is Memorial month, Mr. Keegan requested a moment of
silence for all residents, men and women of Barefoot Bay throughout time, who
have served their country and passed away.
Pledge of Allegiance to the Flag
Mr. Keegan led the pledge of allegiance to the Flag.
Roll Call
Ms. McCahan called the roll. Mr. Ferris was excused. Mr.
Repperger was present as counsel.
Approval of
Minutes
Mr. Keegan entertained a motion to approve the April 24,
2007 minutes. Ms. Crouse asked about the time frame for noticing special and
emergency meetings. Mr. Keegan responded the requirements are noted in the
Trustees Rules and Regulations. Mr. Bleau made a motion to accept the minutes. Second
Ms. Weglein. Motion carried unanimously.
Treasurer’s
Report
Ms. Donahue read the Treasurer’s report. (Exhibit A) Ms.
McCahan asked Ms. Daddario if the Raff Engineering reference was Mr. Raff’s
last two payments. Ms. Daddario responded “Yes”. The treasurer’s report was accepted by Board consensus as
presented.
Mr. Keegan introduced Brevard County Attorney Morris
Richardson; Bill Lyon, head of Brevard County permitting office; and Chris Hill,
Assistant to Commissioner Helen Voltz.
Mr. Richardson commented that in October of 2006 the Board
of Trustees petitioned the County Commissioners to investigate possible legal
action regarding Crystal Bay’s on
going dust problem. The County filed a lawsuit in November 2006 under
Florida’s nuisance abatement laws to obtain a court ordered injunction against
the developer requiring them to keep dust on site. The developer met with County
attorneys in December 2006 and proposed mitigation efforts they would undertake
including watering, seeding, sodding, mulching, etc. County inspectors
documented their actions thereafter. Between December 2006 and March 2007 the
problem was largely abated. The dust that continued to leave the site on
occasion was not at a level that would allow the County to seek court ordered
relief. The courts require extraordinary
harm before they will grant injunctive
relief. At the end of April 2007 the County Attorney’s office again began
getting an increased volume of complaints regarding the dust problem from
Crystal Bay. The County inspectors noted the dust problem has returned to levels
as they were in November 2006. The permitting and enforcement department issued
a letter to the developer outlining the defaults and informing them of
requirements for compliance with the stipulations. Particulate matter is leaving
the site in volume that violates County code at a level that justifies court
ordered injunctive relief. Based on a building department report dated May 4,
Mr. Richardson directed a letter to the developer’s attorney. The County’s
court stayed open pending continued compliance; the County will file a motion to
reopen the court case. If the problem persists at its current level, Mr.
Richardson is confident the judge will order relief. Mr. Richardson informed
residents they need to provide definitive proof of the problem on an ongoing
basis. Mr. Richardson offered a letter from the County building department to
the developer directing them to cease development efforts and focus on
mitigation. (Exhibit B)
Ed Lyons urged the residents to telephone the County every
day there is dust. In order for the court to consider the case, it needs to be a
“continual problem” reflected in the continual calls. Ms. Crouse asked if
past history was considered a factor in an “on going” problem. Mr.
Richardson agreed that it should; however, back in March it had been several
months that the residents had not complained. The inspection reports were clear
at that time because the developer had taken certain mitigation measures by that
time. The court at that point would have taken the position there was no hard
evidence the problem was going to start up again. Mr. Richardson commented once
the court decides against the County, leverage is gone. Because the developer
stripped large areas then didn’t dedicate manpower to work on them, the
County’s view is the developer is not displaying sound management practices.
Ms. Weglein commented the problem has been going on over a
year; the concern now is the dust affects between 200-300 homes and residents’
health. Reports of asthma and hospital visits have come to the Board. Mr.
Richardson commented the County filed a complaint including the health concerns
with the lawsuit. However, soil contamination tests came back negative. Mr.
Richardson said he will need strong evidentiary medical documentation to take
that issue to court. Ms. Weglein asked Mr. Richardson if it were true, as
American Land Lease said, the County allowed the developer to strip 260 acres.
Mr. Richardson acknowledged he did not know if the clear cutting was a violation
of the existing code at the time the developer applied for permits.
Ed Lyons said the County issued a subdivision permit that
allowed the developer to build the infrastructure that was permitted. There is
no limit [in the code] on how large or small an area a contractor works at a
time. The County relies on the developer to employ “best management
practices”.
Ms. McCahan
referenced residents’ reports at the April 24, 2007 Board meeting regarding
documented cases of illness due to the dust. She asked if Mr. Richardson could
use as evidence screens that are so clogged up residents can’t see through
them. Mr. Richardson said he already has bags of dust and many pictures the
residents have brought him. Mr. Allan asked when the filing would happen. Mr.
Richardson answered the County will move for an expedited hearing within the
month. The developer has commissioned 10-15 depositions that have to be taken
before the issue can appear before a judge. Ms. Weglein asked if the depositions
were from residents of Barefoot Bay. Mr. Richardson answered the developer did
not depose any residents of Barefoot Bay.
Mr. Repperger complimented County staff on their
responsiveness to the concerns of Barefoot Bay residents. Mr. Repperger said he
included some of the pleadings in the case in his memorandum to the Board. The
Board therefore has a copy of the complaint, the stipulation and the joint Order
for Stay and the correspondence that has recently been sent by the County to the
developer. Florida Rule of Civil Procedure 1.222 gives standing to mobile home
owners associations in certain instances. The Barefoot Bay charter does not
provide authority for the Board of Trustees to engage in actions having to do
with code violations or nuisances that are occurring outside the geographical
boundaries of the District. In order for the Board to have standing, it would
have to be a homeowners association maintaining an action of behalf of the
common interest of all owners. The
Crystal Bay situation relates to a specific subset of homeowners within Barefoot
Bay and not all of them. Mr. Repperger advised the Board to allow the County to
proceed with its action and monitor progress; the residents should cooperate
with the County and be willing to come forward as witnesses.
Mr. Keegan commented he would cause Mr. Repperger’s
memorandum to appear on the Barefoot Bay website so it will be available to all
residents. If you have no internet access, copies will be made available at
Building F.
Questions/Remarks
From the Audience
Larry Moffat 714
Gladiolus Drive: in January, February, and March 2007 significant dirt was
coming from Crystal Bay’s site. It may take a week to accumulate what it
accumulates on a windy day, but it’s significantly there. Mr. Richardson
responded that if anyone has particular knowledge about the dust, phone (321)
633-2090 and be prepared to be a witness in court. There must be visible
deposition off site: dust moving through the air, a trail snaking across the
road, etc. The County does to have standing to do anything about accumulations
over time. Mr. Lyon said an inspector drives by daily to ascertain conditions.
Mr. Lyon said he couldn’t predict when Crystal Bay will build homes, but they
are required to maintain daily mitigation practices. Ms. McCahan asked if the
inspector looks only at Crystal Bay or also at Barefoot Bay’s side of the
fence. Mr. Lyon responded the inspectors are looking for particulate matter
leaving the construction site, as the code is written, rather than resulting
impact on surrounding properties. The County uses the NPDES system (National
Pollutant Discharge Elimination System) to measure compliance.
Vickie Hall RN1535502
of the State of Florida, 833 Periwinkle: Ms. Hall is a registered nurse
working with Health First Hospice. Ms. Hall reported she and her husband had to
move out of Barefoot Bay because of the dust from Crystal Bay. Her husband died
in November 2006 from pulmonary fibrosis. A friend across the street from her
has nearly lost her life, and still may, who is presently in hospice from the
dirt. Ms. Hall has recently returned to Barefoot Bay. She said because of her RN
experience, she is certified to act as a witness to the damage the dust has
done. Moreover, at her home the dirt is a daily problem resulting in constant
cleaning. She said “you can take the health care issues straight to the
bank”.
Mr. Richardson and Mr. Repperger counseled that the County
has no “standing” to pursue legal action on behalf of individual residents;
residents should pursue private legal action on health issues related to Crystal
Bay.
Eric Worth, 906
Periwinkle Circle: suggested
test homes to show the inspectors what kind of particulate matter is leaving
Crystal Bay by cleaning an exterior wall, then timing dirt buildup. Dirt comes
from the site at night, as well as daytime. Mr. Worth said his carpets were
filthy from fresh dirt tracked in from the carport. He has power washed his new
siding twice since November 2006.
Ms. Crouse for specifics of the County’s testing methods
and how many differentiations the tests show. Mr. Lyon responded the County
engaged an independent geo-tech testing lab; the lab tested the bag of dirt a
resident provided. The test included 5 other random samples from the site. All
the samples came back normal for the region. It’s a fine particulate which
blows in the slightest wind, common to this area. County code provides for
“particulate leaving the site” which is of necessity visual.
Mr. Keegan asked Mr. Richardson if the Board could expect
an update in about a month? Mr. Richardson asked if would be acceptable for him
to update Mr. Richardson rather than establish a new base of contact. Ms.
Weglein asked if the County could appear as a witness in a class action suit
brought by the residents. Mr. Richardson replied County officials may be
subpoenaed like any other witness.
Mr. Keegan asked Chris Hall about the railroad crossing
ordinance. The ordinance states trains shall not stop for more than 5 minutes,
and the trains have been stopping for as long as 40 minutes. Mr. Hall commented
the County gave the railroad a “little leeway” on that issue pending
construction of a switching track. Mr. Keegan asked if the railroad had notified
the County about when the construction might begin. Mr. Hall said he would find
that out.
Ms. Weglein asked Mr. Hall about the status of Micco Road.
Mr. Hall replied Micco Road should be under construction in the next two to two
and a half months. The bid has been officially awarded. The contractor now has
control of when construction will begin. Ms. Weglein asked about the new plans
not having a median in favor of double lines instead. Mr. Hall said he would
check into that. Ms. Weglein asked if the County planned to put in pedestrian
walkway/crossings marked “STOP”. Mr. Hall didn’t know.
Ms. Daddario commented a sign is not posted at the railroad
crossing for school busses; there is foliage growing that blocks the view of the
tracks. The County Transportation department bounced the complaint back to
Barefoot Bay. Mr. Hall responded the issue probably had to do with rail road
right of way, and was therefore the railroad’s responsibility. The County
could probably put up the proper sign, but the foliage, if it is on the
railroad’s easement, is the railroad’s responsibility. Ms. Daddario said Ms.
Voltz informed the District it was the District’s Code Enforcement department
who could make the train move and also start procedures to fine the railroad for
infractions of the ordinance. If that is true, the District has not been given
information regarding how to go about it. Mr. Hall responded that Terry Jones, a
county attorney, informed him the District’s Code Enforcement would contact
the County in an emergency, and the County would contact the train engineer
directly and have the train moved. Ms. Daddario said the District has done that,
and the train still didn’t move. She asked what the County did with the phone
call when they were contacted. Mr. Hall replied the County “takes it down”
and notifies the railroad the problem still exists. Mr. Hall reiterated the
County is backing off because the railroad is constructing a switching station;
Ms. Daddario rebutted that the construction has not begun at all. Mr. Hall said
he didn’t know about that. Ms. Daddario concluded the responsibility should
not fall on the District’s Code Enforcement since Barefoot Bay Recreation
District has no real authority in this situation and does not have the
appropriate telephone number. Ms. Daddario reported Ms. Voltz told her she could
get the phone number from the Micco Fire Department, but when Ms. Daddario
phoned for it, the fire department would not give it to her.
Mr. Keegan asked if the County would pass an ordinance they
knew they couldn’t enforce, perhaps because of lobbying? Mr. Hall responded it
might not be because of lobbying; there are ordinances on the books which are
extremely hard to enforce. Mr. Repperger gave an example of the ordinance in
place at Valkaria Airport against touch and go’s which was supposed to be
enforced by the Sheriff, but it is literally impossible to have the Sheriff
chasing down a plane. His impression of the train ordinance is that enforcement
is possible. Mr. Hall’s understanding is that the Fire Department has a number
directly to the train’s engineer in case of emergency; County Code Enforcement
also has it.
Unfinished
Business
Mr. Repperger commented in respect to Article IV, Section 2
(Resolution 2007-3), emergency meetings (page 2 of 8) require “reasonable
notice” of 24-48 hours; a special meeting requires 7 days. Mr. Repperger
referenced other sections of the Trustees’ Rules and Regulations which
reflected changes the Board requested. Resolution 2004-1 (being updated) had two
parts. Mr. Repperger said the second part needed to be identified and “brought
forward” since it was going to be still in effect. That would vacate the
2004-1 resolution and make the 2007-3 resolution functionally complete.
Mr. Keegan entertained for a motion to ratify Resolution
2007-3. Mr. Klosky made the motion.
Second Ms. Weglein.
Ms. McCahan read Resolution 2007-3 by title only.
Resolution 2007-3. A
resolution of the Barefoot Bay Recreation District amending and superseding
resolution 2004-1 (Part-1), by adoption of a revised set of Rules for the Board
of Trustees herein referred to as Part 1; providing for severability; providing
for conflict with other provisions; and, providing for an effective date.
Motion carried unanimously.
Mr. Keegan commented the Board would take up Part 2 another time.
Mr. Keegan reached a settlement with the Torpy Group in the
amount of $26,500. Mr. Repperger commented the figure was based on information
provided by Ms. Weglein. There was $16,483.75 in dispute. The discounted amount
was $7,273.79 which represents 41 hours of billed time off the original bill
($33,000). The non-disputed amount was paid. Mr. Keegan entertained a motion to
pay the Torpy Group the balance owed them.
Ms. McCahan made the motion.
Second Ms. Donahue. Motion carried.
Mr. Klosky voted no.
Ms. Weglein met with Mr. Lyon and Ms. Voltz. Ken Austin,
Code Enforcement Director, attended the meeting. The County does not charge for
extending permits, so Ms. Weglein feels Barefoot Bay Recreation District cannot
charge, either. The County does charge
for performing work without a permit. Henceforth, anyone performing work on the
exterior of a home in Barefoot Bay will be charged $50 for permit issued after
the fact. Ms. Weglein requested a motion to that effect. Ms. Donahue asked if
someone wanted to use pebbles for a lawn, would a permit be needed. Ms. Weglein
said permits were also needed for landscaping; the County charges double if you
don’t get one.
Mr. Bleau made a motion
to charge $50 for a permit issued “after the fact”. Second Mr. Klosky. Motion
carried unanimously.
Mr. Keegan addressed Resolution 2007-1, regarding houses
damaged by hurricanes. Ms. McCahan read the resolution by title only.
A resolution of the
Board of Trustees of the Barefoot Bay Recreation District providing a standard
procedure for addressing property within Barefoot Bay which is non-compliant
with the Deed of Restrictions a result of damage sustained din the hurricanes of
2004; providing for notification of non-compliance to owners of non-compliant
property; providing timelines for owners o9f non-compliant property to bring
their property into compliance without penalty; providing for legal action and
penalties in the event of continued non-compliance; and providing for an
effective date.
Mr. Bleau made the motion
to ratify Resolution 2007-1. Second Mr.
Klosky. Motion carried unanimously.
Mr. Keegan entertained a motion to ratify Resolution
2007-2, the Barefoot Bay Youth Group. Mr. Bleau made the motion. Second Mr. Allan. Ms. McCahan read the resolution by title
only.
A resolution of the
Barefoot Bay Recreation District acknowledging and creating a Barefoot Bay Youth
Group; providing for a location for meetings and youth activities; providing
that the Youth Group shall be a program sponsored by and endorsed by the
Barefoot Bay Recreation District and covered by the Barefoot Bay Recreation
District’s insurance policy; creating a special fund for receipt and
monitoring of donations for use by the Barefoot Bay Youth Group; and providing
for requirement for background checks for any adults engaging in supervision of
the Barefoot Bay Youth Group program. Motion
carried unanimously.
New Business
CEB #697-04-07 941
Pecan Circle. Mr. Austin explained the violation was noticed to the owner on
October 31, 2006, with a completion date of January 31, 2007. The owners have
requested an extension until June 2, 2007 due to severe medical problems. The
contractor has contacted Code Enforcement. Mr. requested the Board delay start
of fines until June 2, 2007. Mr. Klosky made the motion
to delay fines until June 2, 2007. Second
Ms. Weglein. Motion carried unanimously.
CEB #705-04-07
907 Wren Circle. A boat and
trailer was stored on this property for quite some time without moving. Code
Enforcement notified the owner; the boat and trailer remained for all of
February, most of March, and all of April 2007. The boat was removed 2 days
prior to the Violation Committee hearing at which the violation would appear. In
February 2006 the owner was found in violation of having an RV in the carport on
blocks. Mr. Austin recommended keeping the fine at $570. Mr. Bleau made the motion
to keep the fine as is. Second Mr.
Klosky. Motion carried unanimously.
CEB #602-12-06 1049
Thrush Circle. The delay in completing skirting was occasioned by problems
with Allegiance Homes. Mr. Austin recommended eliminating the fine. Ms. McCahan
made the motion. Second Mr. Bleau. Motion
carried unanimously.
CEB #591-11-06 858
Hawthorn Circle. The county made the contractor take down the carport he
built for the owner and rebuild it properly. Mr. Austin recommended reducing the
fine to the actual costs of $233.06 Mr. Klosky made the motion.
Second Ms. Weglein. Motion carried unanimously.
Community
Manager’s Report
Bryant P.A. has begun to mobilize for repair of the
seawall. Their equipment will be in the Building A. parking lot.
The tennis courts will likely be under construction for the
next 45 days. The asphalt cures for a minimum of 30 days before the surface can
be applied.
The golf course bathroom should be completed by next Friday
(5/18/07).
Building C is completed. Building A is prepped for
painting.
Financial information is now current. The District hired a
SAGE consultant to produce system generated financial statements. Ms. Daddario
expects a preliminary report from the auditors by the next Board meeting. The
budget that was prepared for the current year did not roll over various capital
items as is standard accounting practice. Therefore, some of the line items will
not appear accurately although the money is in the budget.
Ms. Daddario said the District is required to bring Pool 1 up to code. ADA bathrooms must
be installed in Building A. The bathrooms in the Pool 1 area and the Lounge must
also be addressed.
Ms. Daddario said originally there was an applicant for the
space occupied by Ele’s Toning tables in the Shopping Center who wanted to put
in an ice cream shop. The applicant backed out because her husband’s job was
transferred out of state. Mr. Raponi, the District’s Food and Beverage
manager, suggested the District take over the space. The space currently
generates $12,000 in yearly revenue. Just 10% of the residents buying one ice
cream cone a week will generate revenues of $142,000 a year. Ms. Daddario asked
the Board if she should pursue a cost analysis in this scenario as part of the
District’s budget planning. Mr.
Allan commented the Bay should stay out of the ice cream business. Mr. Keegan
polled the Board.
Mr. Klosky
Yes
Ms. Crouse Yes
Ms. McCahan
No
Mr. Bleau
No
Ms. Weglein
Yes
Ms. Donahue Yes
Mr. Allan
No
Mr. Keegan
Yes
The vote was 5 ayes and 3 nays. Ms. Daddario was directed
to proceed with the analysis.
The District installed automatic openers on the doors at
Building A to become ADA compliant. Volume of traffic and other factors have
broken the mechanisms. The alternative is to install an ADA compliant door that
opens electronically from side to side. Ms. Daddario requested approval to
install a new ADA door on Building A. Ms. Crouse made the motion. Second Ms. Weglein.
Motion carried unanimously.
Ms. Daddario asked the Board to consider obtaining a new
leased building with 5,040 square feet of space for $4,000 a month, rolling all
setup costs into the pricing. FEMA has provisions in which the District can
apply for funds to build a facility
which can be used for the residents as a shelter during hurricanes. That
building can accommodate Administration staff on the second floor. If the Board
is receptive, Ms. Daddario will include the information in the budget proposal.
Mr. Klosky asked if Ms. Daddario would seek an option to buy the building. Ms.
Daddario responded the fee to return the building is $17,000. The two other
options are to purchase it or continue to lease it with a purchase option at the
end of the lease period. Mr. Klosky noted that two years lease is $96,000. Ms.
Daddario commented to purchase the building outright is approximately $250,000,
and with setup comes to a little over $300,000.
Ms. Crouse made the motion
that Ms. Daddario should investigate leasing the building to replace Building F.
Second Ms. Donahue.
Ms. Donahue requested a proposal in writing. Ms. McCahan
asked if this were the 2-story building. Ms. Daddario said no. The leased
building would be a one-story
building; the 2-story building is one that might be negotiated with FEMA at a
later date. Ms. Daddario has quotes from 3 manufacturers that she will put on a
spreadsheet for the Board. It would take 3-4 months to acquire the building and
have it installed. Mr. Allan requested that Ms. Daddario look at outright
purchasing and justify the size of the building at 5,040 square feet. Ms.
Daddario commented that if all the employees were housed in the Administration
building, the facilities in Building B might become available to the Veterans. Motion
carried unanimously.
The infrastructural electrical wiring was originally
installed buried in the ground without conduit. It now needs to be replaced. It
should be a priority in next year’s budget.
Ms. Daddario requested the Board consider amending the
employee handbook to reflect a change in sick time accrual hours from 12 days a
year to 6. Ms. Daddario said this is one way to reduce the payroll numbers.
Making the change will save the Bay $30,000 yearly. Ms. Weglein requested a
proposal in writing. Ms. Crouse asked if the sick days were in addition to
workman’s compensation and other benefits. Ms. Daddario answered the employees
would still have 12 vacation days and 11 holidays. Ms. McCahan commented one of
the reasons the Board had decided to be “generous” in this area [of sick
time] is that pay scales in the Bay are low. Ms. Daddario referred to U.S.
Department of Labor demographics and personal investigation to support her view
that Barefoot Bay employees are paid on a comparable scale to nearby cities and
other businesses in the area.
Ms. Daddario requested permission from the Board to
transfer $64,000 into the Debt Fund to ensure that in January funds are
available to make the payment on the principal and interest.
Ms. Daddario is anticipating a $150,000 insurance payment
in October 2007. FEMA required the Bay to revamp estimates of insurable value of
the facilities. Ms. Daddario desires to transfer from the General Fund Operating
Account into a Reserve Fund $15,000 a month to pay the insurance.
Ms. Weglein made the motion.
Second Ms. Donahue. Motion carried unanimously.
DEP approved the pier and final payment was made to Raff.
Ms. Daddario reported she got the name of the insurance
company that is handling the weir negotiations with Frazier. The District may
have to legally pursue the situation. Ms. Daddario asked for authorization to
turn the matter over to Mr. Repperger. Ms.
Crouse made the motion to turn the
weir project over to the attorney. Second Ms. Donahue. Motion
carried unanimously.
Mr. Allan proposed setting a time for a budget workshop.
Ms. Daddario explained she is gathering information and will present it at the
June 8, 2007 Board meeting. Ms. Weglein noted the Board is required to hold two
public budget hearings before July 1. The Board usually holds a workshop to work
out budget issues to which the public is invited but has no input. Ms. Daddario
said the hearings would have to be held other than in Building A because of the
pressure grouting and construction going on in that area. Ms. Daddario asked the
Board when it wanted to see the first preliminary budget numbers. Ms. Weglein
responded, “At the next meeting.” [2 weeks] Historically there have been 2
special meetings scheduled to accommodate the budget process plus a workshop.
Mr. Allan suggested scheduling a workshop on the first Friday of June. Mr.
Keegan set it for June 1st,
2007 in Building D&E at 1 p.m.
Attorney’s
Report
Mr. Repperger commented House Bill 1157 (Barefoot Bay’s
Charter amendments) passed the legislature. Mr. Repperger said he was aware Mr.
Malek had crafted a draft ordinance to provide for implementation of the
amendments, but he did not know if it had come to the Board or not. The District
3 Commission office provided a copy to Mr. Repperger. Mr. Repperger requested
Board authorization to work with Brevard County on drafting the appropriate
ordinance and scheduling the matter on the November ballot. Mr. Bleau believes
the matter must go to the residents in a referendum prior to being on the
November ballot. Mr. Repperger explained Brevard County writes an ordinance
adopting the Charter contingent upon the approval of the residents at a
referendum. The November ballot would be the referendum required. Mr. Keegan
asked Mr. Repperger to research the exact wording of the procedure the District
needs to follow and present it at the Board’s next meeting (June 8th,
2007).
Ordinance 84-05 was adopted in a session of the Board of
County Commissioners on February 23, 1984. Thereafter, it states the Charter of
the Barefoot Bay Recreation District shall be submitted to the electors of the
proposed District at a referendum election held on the 13th day of
March. The Charter shall take effect immediately upon its adoption by a majority
of the electors voting in such election. Mr. Repperger will look into how that
election needs to be held and what the requirements are.
Mr. Repperger contacted Mr. Malek regarding transferring
files. One of the individual cases brought to Mr. Repperger’s attention is Donna
and David Barbour. Mr. Barbour attempted to contact Mr. Repperger . Mr.
Repperger asked the Board whether it wants him to engage in formal conversation
with Mr. Barbour.
Mr. Bleau made
the motion to authorize Mr. Repperger
to engage in conversation with Mr. Barbour. Second
Ms. Donahue. Motion carried unanimously.
Committee/Trustee
Reports
Mr. Klosky
reported the Lounge will be closed on Tuesday evenings at 8 p.m. starting May
14, 2007. Breakfasts at the 19th Hole are cancelled until further
notice. Street dances will be held the next two Sundays from 2-6 p.m.
Mr. Bleau commented
he was told the maintenance crews would finish the golf bathrooms by the end of
next week although he feels property services is seriously understaffed. Sincere
structural improvements are involved, Mr. Bleau suggested a County permit needed
to be obtained. He feels he and his volunteers could have done the job much more
quickly than two months. Mr. Bleau reported the perk of free golf once a week
has been taken away from the employees. Ms. Daddario commented anything the
District gives employees that has value in excess of $25 is an IRS issue that
must appear on their W-2 forms as a taxable benefit. Ms. Daddario has not been
able to find where this practice appears as a policy set by the Board of
Trustees. Mr. Bleau cited the meeting of December 13, 2002 in which the Trustees
allowed this perk for the employees: “A lengthy discussion followed concerning
the golf membership discount to be offered to employees. The previous manager
had written that it should be offered.” The discount was offered by Hugh
Williams and Tibby Parker. Mr. Torpy checked through the Labor Council which
stated, “it is an employee discount and not an employee benefit.” Ms. Parker
acknowledged 8 employees wished to receive the discounted membership, 5 who have
a family membership. Mr. Glashauser said the discount had previously been in the
employee handbook and should be put back in. Mr. Glashauser made the motion
to rescind the previous disallowance of the discount, and allow a 40% golf
discount only while the person is an employee of the District. Second
Mr. Borgmann. Motion carried. (End of quote) Ms.
Crouse commented a 40% discount in a membership is not free golf. Mr. Allan
commented if you work at a golf course you get to play the course for free. Mr.
Allan made a motion to allow
employees 1 day of golf per week. Mr. Allan included every employee of Barefoot
Bay if they are interested in golf. Mr. Bleau said if the perk does conflict
with IRS, carrying a motion might not be a good idea. Mr. Repperger agreed to
get the answer for the Board. There was no
second at this time.
Mr. Allan reported the Violations Committee needs two
alternates. Mr. Keegan urged residents to apply as a service to the community.
Brevard County has removed a large amount of debris from the storm drains. Mr.
Allan asked that residents not use the drains as trash receptacles. Code
Enforcement will be enforcing the RV lease agreement. Only one unit per space
will be allowed. Mr. Allan asked residents to store anything securely that could
fly in a hurricane. The ballot count will take place on Saturday, May 19th
at 9 a.m. He asked Ms. Daddario to secure Building D&E for this purpose. Mr.
Allan invited the Tattler and Press Journal’s Lamaur Stancil to be present.
Ms. Crouse complimented maintenance on their work with the
painting and facilities.
Ms. Weglein met with Ms. Voltz, Mr. Lyon, and Ken Austin to
discuss permitting. Ms. Weglein presented the ARCC report (Exhibit B).
Ms. McCahan reported the white railings along the side are
to be installed soon. More shrubbery is scheduled. The District has been looking
for a painter for the sidewalk. Ms. McCahan thanked Caroline (Cofer) and Randy
(McMillan) for their hard work.
Ms. Donahue met with Dick Gee. Ms. Donahue will distribute
some material at the next meeting she obtained from him. There is still interest
in Pool 4. On May 25th from 7-9 the Youth are meeting at Pool 2 for
the first swim night. Starting May 31st, and every Thursday during
the summer, from 7 p.m. to 9, the Youth Group will sponsor swimming parties at
Pool 2.
Mr. Keegan received a phone call recently at 3 a.m. that
vandals were burning trash cans along Wren Circle. The Fire Department and the
Sheriff arrived with two backups. They went to the house of one suspect, and
found three of the vandals who were promptly arrested. The Sheriff’s office
followed up and obtained two more arrests. The court case will come up in June.
Audience
Participation
Vicky Rosso was
advised that Mr. Mershon would have to be present to read his own statement. Ms.
Rosso commented on an altercation that took place in the Lounge over the issue
of entertainment. The Wednesday before the luau (April 21st) there
remarks about the Home Owners Association putting on entertainment. Ms. Rosso
asked who was in charge of entertainment. Ms. Daddario answered the Food &
Beverage Manager manages the Lounge. The entertainment is hired by Jan Hannify.
Mr. Keegan suggested Ms. Rosso take specific complaints to the Community
Manager. If they are not resolved, Ms. Rosso can come back to the Board.
Pat Clark said
there seems to be a conflict over who puts on the best party for the Barefoot
Bay community. Threatening remarks have been made to a Home Owners Association
Board member regarding entertainment. “I’ll
bash your head in” is not something we need in Barefoot Bay.
Charles Sweeney
complimented Ms. Daddario on the job she’s doing. Mr. Sweeney asked that the
maintenance people do not park their trucks on the grass in the approach to
Building C.
Bill Sayles commented
on an article in the Press Journal regarding the development on Micco Road.
There is an address to write to in the article. Palm Bay has submitted
amendments to the DCS that will allow density of 20 houses per acre. Brevard
County is counting on traffic relief on Micco Road because some of it will go
down Fleming Grant Road and some of it will veer off through Barefoot Bay.
Mary Miller did
not get one. Ms. Miller said she went to Building F to ask for one, and was
denied. Ms. Miller asked if her club would be allowed to meet in Building A on
Wednesdays during the construction. Ms. Daddario said ballot confirmations are
checked against the master list to find out if a ballot was mailed. If it was
mailed, and it has not been returned, someone has the ballot. Mr. Allan
recommended that Ms. Daddario give Ms. Miller a ballot, mark it
“substitute”, and Mr. Allan will look for the other ballot. Each ballot will
be checked off the master list. Ms. Daddario commented many residents were
taking the mailing labels off before returning them. Mr. Allan replied we’ll
do the best we can. Ms. Daddario informed Ms. Miller the District is making
every attempt not to disrupt regular activity in Building A. When core drilling
is performed in Building A itself the clubs will have to vacate.
Eric Worth complied
with the DOR and covered his wood repairs. He objects to people who don’t. If
properties that were covered by Avatar don’t have to comply with the DOR, Mr.
Worth wants to know why. Mr. Worth wants the loopholes closed.
Joyce Sweeney complimented
the Board on taking of business in a more forward manner than before. Ms.
Sweeney commented on the conflict that has surfaced in the Bay over
entertainment. Traditionally the Home Owners Association has sponsored one dance
a month with live music. Ms. Sweeney suggested the residents lighten up; if you
don’t want to go to the street dance, stay home. If you want to come to the
Home Owners Association dance, then come. But quit bickering.
Robin Phillips commented
the Youth Group had to vacate their reservation in Building A with one day’s
notice for the Mother’s Day dance. She brought some of the Youth to take down
their set-up and they were told to make sure none of the kids spilled anything
on the tables. When she arrived at the dance with her family, she was told she
had to leave because her teen age son and his friend were not allowed to be
there. She said the person who told them “hem hawed around” when she
objected, then told them they could stay. But by that time, they were so
uncomfortable they left. Ms.
Phillips said her youth clean up after themselves; she requires them to be
respectful, and she objects to people being rude to them. The mothers who
couldn’t come in with their children also couldn’t buy anything for them at
the Lounge because it was closed. Ms. Donahue asked who told Robin she had to
leave? Ms. Phillips responded “Jan”. The Youth are having Game Night
Saturday at 7 p.m. May 19th from 9-2 there is a carwash at the Old
Peddlar building Youth Center. In June the Youth Group is sponsoring a good deed
contest. The kids have to have their paper signed by the person they did the
good deed for. It’s volunteer.
Ms. Weglein commented the density projection is 350,000
people living in Palm Bay by the year 2,025.
Adjournment
Mr. Keegan entertained for a motion to adjourn. Mr. Klosky
made the motion to adjourn. Second
Ms. Weglein. The meeting adjourned at 4:07 p.m.
PHONE: (772) 664-3141
FAX: (772) 664-1928