Minutes for May 22
2007
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Board of Trustees
Regular Meeting
Tuesday, May 22, 2007
7:00 p.m. – Building D&E
The Barefoot Bay Recreation District held a regular meeting on May 22, 2007 in Building D&E, Barefoot Bay, Florida. Chairman John Keegan called the meeting to order at 7:00 p.m.
Thought for the Day
Mr. Keegan said on Memorial Day we will honor the men and women who died while defending our country, our freedom, and all we consider sacred.
Pledge of Allegiance to the Flag
Mr. Keegan led the pledge of allegiance to the Flag.
Roll Call
Ms. McCahan called the roll. All Trustees were present. Mr. Repperger was present as counsel.
Approval of Minutes
Mr. Keegan entertained for a motion to accept the minutes of May 11, 2007. Ms. Weglein commented on Page 1 Mr. Lyon’s name is “Ed”; the reference to Mr. Richardson’s letter should be attached and the second “Exhibit B” should be changed to “C” or “reference”; “Chris Hall” should be “Chris Hill”; Mr. Richardson’s update will be addressed to Mr. Repperger.
Mr. Klosky made a motion to accept the minutes as amended. Second Mr. Bleau. Motion carried to accept the minutes as amended.
Treasurer’s Report
Ms. Donahue read the Treasurer’s report. (Exhibit A) Mr. Bleau made a motion to accept the report as presented. Second Mr. Klosky. Motion carried unanimously.
Moore Stephens Lovelace was identified as the auditors and the line item as a partial payment to them. Mr. Bleau expressed concern that no report has been received from them. Ms. Daddario commented the auditors have accepted the numbers the District provided and will provide a statement on June 7th.
Ms. Weglein added Item 8C to the agenda: Micco Road letter to DCA
Ms. McCahan added Item 7C to the agenda: Railroad Crossing
Audience Participation
Ed Keeley objects to the 50% plus 1 requirement for balloting. He would prefer a simple majority count of the returned ballots. He feels residents who don’t care are controlling those who do.
Dale Page commented advertising the ballot might be more effective. Also, a meeting or workshop where residents would have input into what they really want to see on the ballot might generate more interest.
Unfinished Business
Mr. Repperger commented the initial ordinance setting forth the charter shall be adopted in accordance with the provisions in Chapter 165.041. The statute deals with incorporation from municipalities and is used through Chapter 418. Brevard County adopts the charter subject to the approval of the electors of the District (registered voters in this precinct). Mr. Repperger said the Torpy Group had begun drafting changes to the 84-05 ordinance which went beyond the scope of the changes proposed in HB 1157 (charter amendments passed in Legislature May 2007). Mr. Repperger asked for authorization to meet with the original charter amendment committee and Ms. Weglein to review the draft ordinance to ensure the changes that are reflected in the draft ordinance as it exists today were the changes originally contemplated by the Board in committee. Changes not in conflict with State law will be okay as long as the Trustees are in agreement that those changes need to be made. The amended ordinance then goes to the Board of County Commissioners for adoption. The ordinance must be adopted no less than 30 days prior to the election. Each charter change will be listed as a separate item on the November ballot if Mr. Galey’s office has enough time to prepare.
Mr. Bleu made the motion that Mr. Repperger should meet with Ms. Weglein and those members of the amendment committee as necessary. Second Ms. Donahue. Motion carried unanimously.
Ms. McCahan commented that Donald Johnson, Lieutenant Medic at the Fire station, does not have direct contact with the engineer of the train as put forth in the May 11th meeting. The EMT driver must call the 911 dispatcher who then calls the FEC (railroad office). That dispatcher calls the engineer on the train. Staff at the Fire station had no idea an ordinance had been passed about the railroad. Ms. McCahan provided a copy of the ordinance to them.
New Business
Ms. Weglein commented there should be two public meetings on the budget before the budget vote. The earliest opportunity to vote is the last meeting in June. [A budget workshop is scheduled June 1st at 1 p.m. and June 8 at noon.] Mr. Keegan asked if this were a balanced budget which would keep the assessment from being raised. Ms. Daddario answered this would not be a balanced budget “at this point” based on current revenues; she proposed reducing the employees’ sick time benefit from 12 days a year to 6 days a year and paying it in total on the last payday in December of each year. This change would save the District $58,000. The Capital Fund assessment brings in approximately $529,740. Based on expenditure rates, the District does not have this money left to use on capital improvements. Golf is showing a deficit of approximately $300,000. Jim Kormondy said he could increase some of the fees to absorb a shortfall of $60,400. These two changes would ensure a balanced budget with no assessment increase. Ms. Daddario cautioned that on the capital expenditure list the District is limited to the major capital projects for the next year. Bathrooms in Building A are an estimated $150,000; Pool 1 reconstruction $140,000; Golf maintenance equipment and improvements $119,000; and possibly a leased building for $45,000 a year.
Ms. Crouse asked what the $60,000 under Capital Projects: Admin is. Ms. Daddario answered it is miscellaneous monies used for the occasional replacement golf cart, or perhaps a computer that hadn’t been strictly budgeted for, etc. Anything over $1,000 is capitalized. Ms. Daddario commented she did not roll forward any other funds; she does not believe the District should budget to use those funds. The seawall and tennis courts are being paid for from the generic budget fund for close to $300,000. The pier also finished this year for $559,000. Capital expenditures are close to $1,000,000 in prior year’s funds. Ms. Crouse asked if there was anything in the Maintenance budget for the current year. Ms. Daddario replied, “Not at this time.”
Ms. Weglein asked about the $1,900 software item. Ms. Daddario answered the computers require upgrading. Mr. Ferris asked if the entertainment item of $41,000 included the $20,000 wages for the entertainment director. Ms. Daddario said “No, and she doesn’t make $20,000. She makes $12 an hour for an estimated 1,560 hours per year.” Ms. Daddario said the entertainment line Mr. Ferris looked at is under Food and Beverage salaries. The larger money is for the bands that come and play in the lounge and for street dances and any special events the District may have. Ms. Daddario said from an accounting standpoint the two amounts are not added together. Mr. Ferris asked if the Administration Building were a 10 year lease and if, at the end of 10 years, the District would own it. Ms. Daddario commented there would be a $25,000 up front cost to get the site plan and the infrastructure. If that is paid in cash, the building is $3,700 a month for ten years. If the $25,000 were to be rolled in, the cost per month would be a bit higher. Mr. Ferris commented we need to look at options that might cost the District less than $450,000. Ms. Daddario said the District has a $1,000,000 line of credit that could pay for the building, but the District would have to pay interest on approximately $300,000 (including the infrastructure).
Ms. McCahan asked where the District gets the money for a $300,000 Tiki bar. Ms. Daddario said she took the “wish list” from last year and picked up the ones that have not been completed to the current capital list. Ms. Crouse asked if there were a justification in the profits for the expenditures given to pool parties and other events. Originally the budget was structured to lose $134,000 and currently the District is losing about $100,000 less than planned. Ms. Crouse asked if specific events, like Wednesday nights, could be broken out as to effectiveness. Ms. Daddario replied the information is not captured in that way in the budget figures. From daily cash receipts the numbers come to about $700 on Wednesdays and $800 on Friday. Ms. Crouse asked if the employees shown in the budget are currently working for the Bay. Ms. Daddario replied with the exception of one. There is no longer an IT person, and there is only one Food and Beverage manager.
Ms. Weglein requested that all the Trustees receive the Food and Beverage information.
Ballot Update: Mr. Allan and volunteers picked up ballots and counted them in Building D&E on Saturday May 19th. Wilma Weglein, Joseph Klosky, and Melba Lochmandy (The Tattler) were observers. Mr. Allan said next time he’d count the total number of ballots first because there were not enough ballots returned to pass any single amendment. 2,444 ballots were returned. 2,025 votes were in favor of Hardi-Board, 405 votes against. Vinyl fencing, 1,957 votes in favor, 465 against. Re- wording Section IV, 2,001 votes were in favor and 407 were against. Mr. Allan endorsed suggestions about how to promote more interest in the next mailing, and said perhaps the mailings should come in January when most of the homeowners are in residence.
Mr. Keegan thanked Mr. Allan for doing a “great job”. Mr. Ferris recommended plainer language on future ballot initiatives. Ms. McCahan noted that if 400 more people had voted the 50% plus 1 requirement would have been met. Mr. Allan clarified that the number must be 50% plus 1 of the total homeowners with Yes votes on each amendment. Ms. Daddario commented there were 159 ballots returned that staff was unable to locate the owner from any source. Some of these people may be deceased and some of the properties are in estates. Ms. Daddario wants to know how that is handled. Mr. Allan cited “due diligence” and said [we] can’t start “subtracting” because certain ballots couldn’t be delivered. Mr. Allan responded to Mr. Klosky that 4,900 ballots had been mailed out to the registered owner “of any lot” in Barefoot Bay. Ms. Weglein suggested the residents might show more support if they came up with items they want to see changed. Ms. Crouse asked if a “straw vote” was legal. Mr. Repperger commented there was nothing in the DOR saying a polling place couldn’t be established by the Supervisor of Elections for a special election. Ms. Donahue suggested “block captains” to inform residents of the next mailing and to explain the ballot.
Ms. Weglein commented Palm Bay has submitted their comprehensive plan to DCA with extensive amendments. Surrounding communities are sending letters to Department of Community Affairs. Ms. Weglein wants the Board of Trustees to send one. Ms. Weglein read the letter she proposed. (Attachment) Mr. Bleau made a motion to send Ms. Weglein’s letter to the DCA. Second Mr. Klosky. Ms. McCahan requested the letter contain the name of each Trustee. Motion carried unanimously.
Mr. Keegan commented to Lieutenant Mackenzie that Agent Pill has done an outstanding job in Barefoot Bay. Ms. Daddario commented a resident telephoned her to report 4 robberies in Barefoot Bay, and supposedly one armed robbery. Lieutenant Mackenzie responded there were a couple of minor house burglaries (shed type burglaries). One person was captured in a shed burglary; the person on the scooter got away.
Community Manager’s Report
Tennis courts: The asphalt is due by Friday of this week.
Sea wall: Concrete is being removed.
Building A: New landscaping is in place for the Memorial Day festivities.
General: The financial reports are in progress.
Ms. Daddario asked Mr. Keegan if he wants the budget to go public yet. Mr. Keegan asked if the figures were final yet. Ms. Daddario asked if a motion were required to change the sick days or if it should be left in the budget as an adjusting item. Mr. Keegan said to leave it as an adjusting item. Ms. Daddario said adding the $60,400 to the golf course revenue would give [us] the balanced budget [we] need so there is enough capital expenditure. Mr. Repperger commented [he believes] the budget, even in draft form, is a public record. If anyone wishes to make copies, the usual copy charge applies.
Attorney’s Report
Mr. Repperger reported the legal office’s tax attorney reviewed the golf exemption perk/benefit. It could be interpreted as a no additional cost benefit as long as certain conditions apply such as being limited to employees of the golf course. If tee times are finite, there is lost revenue to the golf course in letting employees play the course free; in that scenario, the benefit would not qualify as a “no additional cost benefit.” Policies currently in place [that Ms. Daddario is working under] are silent on this issue even though there may have been a motion in past minutes. To allow the golf employees to play for free requires a Board recommendation to change the existing policies.
Mr. Repperger has had correspondence with Mr. McCool’s attorney regarding whether or not the Board would be open to early mediation in this case. Mr. Repperger suggested that mediation can cut down on legal costs, although mediation is not arbitration. Mediation is not binding. Mr. Ferris made a motion to go to mediation in the McCool case and to include a member of the Board and the Community Manager. Second Ms. Donahue. Motion carried unanimously.
Committee/Trustee Reports
Mr. Ferris commented the District is still waiting on Brevard County Roads & Bridges of fix the pot hole at the NE corner of the RV lot at Fleming Grant Road. Mr. Ferris commented the new RV lease is working and the RV lots are much cleaner.
Mr. Klosky reported dinners are being served on Wednesdays and Fridays at the 19th Hole. The Lounge will be closed on Tuesdays at 7 p.m. until further notice. The street dance on Sunday is 2 p.m. to 6 p.m. Mr. Klosky requested recognition for Betty Meilbeck, the pool host at Pool 2, who saved a young child from drowning.
Ms. Crouse commented she is proud of the care and commitment Maintenance displays towards their work in the Bay. She requested Maintenance e allowed to move two handicapped spaces from the end of the row by the dumpster to the 2nd row in the parking lot. This would facilitate handicapped people, and allow the trucks to park by the dumpster. Ms. Crouse commented the beautification projects are appreciated, but it also takes Maintenance staff away from other priority projects and staffing is short right now. In light of this, Ms. Crouse asked people not to be so critical of how long it takes to complete a project.
Ms. Weglein reported there were 22 permits approved, and 28 inspections completed in May. A report on the Commissioners reveals they’ve approved a bond to improve Micco Road. Construction will start within 30-45 days. There will be no medians; there will be a sidewalk only on the South side of the road; no traffic signals, painted crosswalks only.
Ms. McCahan requested speed bumps to replace the “dip” in front of her house when the traffic increases on Lark Drive to avoid construction. Traffic goes too fast and “bottoms out” in front of her house. Ms. Weglein commented she could talk to Chris [Hill] about what the County will do.
Ms. Donahue asked the Board to read the handouts from Dick Gee regarding Pool 4. Ms. Donahue asked if the wood at the bocce court, which is warped, could be changed out to plastic. Where the club has asked for awnings, Ms. Daddario commented PVC was put in the ground to accommodate umbrellas for shade. The club members get umbrellas from the equipment shed by the court.
Mr. Klosky commented on Resolution 2007-3: the word “designee” should be changed to “liaison”.
Mr. Allan asked if the ARCC had approved Hardi-Board and “other cementitious material”. Ms. Weglein responded she had brought each of the changes the ARCC made to the Board; the changes made by ARCC do not impinge on the DOR in that “other improved materials” is a specific category, not fences.
Mr. Bleau thanked the District and the employees, and many others in the community, who sent condolences when his mother-in-law passed.
Ms. Weglein noted she had not seen a notice for the [budget] workshops. The Recording Secretary responded the Press Journal could not locate the original fax; she emailed it this morning directly to the person in charge. Notices will also be put in the Trustees mail boxes in Building F.
Ms. McCahan commented on the concrete approach to the storage shed. Ms. Daddario responded the contractor has the project on his list. Ms. McCahan commented the golf course restrooms are “gorgeous”. Ms. McCahan asked when the green shutters would be put on the Pro Shop. Ms. McCahan remarked that on Sunday at 9:30 p.m. there was lots of noise on the playground. She phoned 911. The dispatcher told her, “It’ll take quite a while for us to get out there. We’re very busy tonight.” Ms. McCahan requested a written “progress report” of projects under construction.
Audience Participation
Jim Hayes commented on taking away golf privileges from the employees. Mr. Hayes presented a petition to obtain a waiver in Barefoot Bay to use golf carts as general transportation. Mr. Bleau commented he thought the issue was to be taken to Commissioner Voltz at some time in the past.
Bob Carillion commented on the violations/ethics complaint lodged against him when he was on the Board of Trustees and Chairman of the ARCC. The Ethics Committee concluded Mr. Carillion was at the meeting of the Board of Adjustments solely for the purpose of helping the residents of Barefoot Bay and there was no judgment of wrongdoing. His letter was dated April 16, 2007.
Jeanne Osborne requested in the Board’s letter to DCA it be made known the Board wants the current comprehensive plan [Palm Bay’s] which entails 1 home per acre. Ms. Osborne thanked Mr. Allan for the work and effort that went into the recent DOR ballot mailing. Ms. Osborne commented the golf course is an easy target; $460,000 is paid to One Source to maintain the course. As an individual golfer, Ms. Osborne does not object to raising the dues. Two employees use the course regularly, and 5 or 6 use it occasionally.
Loretta Lynch thanked everyone involved in the DOR ballot mailing. Ms. Lynch commented on the rumor that a Trustee went to Pool 2 and let it be known the District was trying to eliminate Pool Hosts. Ms. Crouse said she was approached about the pool hosts. The discussion between Ms. Crouse and Ms. Lynch was inconclusive. Ms. Lynch commented there were projects in worse shape than Building F.
Nancy Eisele commented the Bay is looking great. Ms. Eisele urged anyone interested in emailing or sending a letter regarding Palm Bay’s comprehensive plan to please visit B Building. Some people in Micco that had their water tested found salinity which indicates salt intrusion. Ms. Eisele asked if there would be hurricane information available for the residents. Ms. Daddario said the County has agreed to meet in Barefoot Bay. Mr. Keegan commented there would be an update June 8th.
Walt Myer commented on the child Betty Meilbeck saved from drowning at Pool 2. Mr. Myer noted the child wasn’t breathing when Ms. Meilbeck pulled it from the water.
Robin Phillips thanked everyone for turning out for the car wash May 19th. Starting June 1st the Youth Group is sponsoring a “Challenge for Good Deeds”. June 2nd there will be a “take a kid fishing day”, and parents must sign a waiver. June 23rd there will another car wash. Youth is planning a carnival the first Saturday in August.
Dale Page phoned Bob Lay’s office (Director of Emergency Services, Brevard County) and received an application to hold an emergency management meeting. Joyce Sweeney talked to Commissioner Voltz (Mr. Page talked to Chris Hill) and each was told golf carts could be used in Barefoot Bay on the County roads. Al Glashauser commented golf carts used for general travel must be licensed, insured, and have lights like a car. Mr. Keegan asked Mr. Repperger for a legal opinion at the June 8th meeting. Mr. Page asked the Board to look into allegations of threats that have been made in the Lounge against certain people. Mr. Keegan said the Community Manager would do that.
Mr. Keegan urged everyone to attend the Memorial Day services being presented by the Veterans Council. Mr. Keegan invited residents to attend the budget workshop June 1st at 1 p.m. in D&E. Mr. Repperger verified legal counsel would not be necessary at the workshop.
Adjournment
Mr. Keegan entertained for a motion to adjourn. Ms. Donahue made the motion to adjourn. Second Mr. Bleau. The meeting adjourned at 9:11 p.m.
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