Minutes for June 8,
2007
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Board of Trustees
Regular Meeting
Friday, June 8, 2007
1:00 p.m. – Building D&E
The Barefoot Bay Recreation District held a regular meeting on June 8, 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
Mr. Keegan commented the Barefoot Bay community is like family, so if you haven’t talked with your neighbors recently, take time to greet and meet them in the next few weeks and say, “How ya’ goin’, Partner?”
Pledge of Allegiance to the Flag
Mr. Keegan led the Pledge.
Roll Call
Ms. McCahan called the roll. All Trustees were present. Mr. Repperger was present as counsel.
Approval of Minutes
Mr. Keegan entertained a motion to accept the minutes of May 22, 2007. Ms. Weglein made the motion to accept the minutes. Second Ms. McCahan. On page 3 of 7 Ms. Weglein asked that $300,000 for the Tiki bar be changed to reflect $35,000. Motion carried to accept the minutes as amended.
Mr. Keegan entertained a motion to accept the amended and reissued minutes of May 11, 2007 which contain the requested changes. Ms. McCahan made the motion to accept. Second Ms. Crouse. Motion carried unanimously.
Mr. Bleau requested to amend the agenda under New Business: Item 8B shall be a resolution concerning the Manager’s ability to have sufficient funds.
Mr. Klosky requested to amend the agenda under New Business: Item 8C shall be hiring policies; Item 8D shall be gas purchases.
Treasurer’s Report
Ms. Donahue read the Treasurer’s report. (Exhibit A) Mr. Bleau made a motion to accept the Treasurer’s report as presented. Second Mr. Klosky. Motion carried unanimously.
Audience Participation
Mr. Keegan reminded the audience of the 3-minute rule and that there is a public budget hearing on June 26th at 5 p.m. before the regular meeting of the Board of Trustees.
Loretta Lynch thanked Ms. Weglein, Ms. Crouse, Mr. Allan, Mr. Klosky and Mr. Ferris.
Jeanne Osborne thanked Ms. McCahan for suggesting 3% instead of 5% for the Golf course. Ms. Osborne applauded Ms. McCahan’s recognition of what Barefoot Bay is. She asked the Board to remember $480,000 of what looks like a lot of money goes to One Source. Ms. Osborne feels without the golf course we’d have a “trailer park”. She mentioned the $1900 item for Golf computer software. Ms. Daddario commented Ms. Weglein had asked for that amount to be included in current year.
Susie White commented Barefoot Bay has come a long way financially thanks to the Manager. She said the Bay forgets how bad it was until Ms. Daddario came along. Ms. White stated Ms. Daddario started with a $300,000 deficit from George Hunt and turned it around. Ms. White admonished the Trustees for nit-picking. She said if you want break outs, come in and volunteer to help. Every department has a secretary to help with clerical duties. Ms. White commented that for 15 years she was a Food and Beverage Manager and could not do the 20 hours a day “they wanted me to”.
Walt Myer commented on the “net receivables.” Ms. Daddario responded it is a net figure from the 5,000 accounts in the Bay. Mr. Myer suggested the lists of delinquents be distributed to the pool hosts again. Ms. Daddario responded that those lists weren’t accurate and she will not distribute a list that isn’t accurate. Mr. Myer asked if the wage freeze and reduction of hours impacted all employees “across the Board’. Ms. Daddario replied “Absolutely.” Mr. Myer suggested Code Enforcement be given golf carts rather than a truck, and should not be used to transport liquor [between the Lounge and the 19th Hole] or delivering mail.
Elizabeth Showers feels the Lounge is the only amenity the Board wants to cut when the snowbirds are gone. She feels attendance has improved because of the entertainment. She cited one evening when 46 people were in the Lounge and the bartender made last call because she had to close at a specific time. Ms. Showers feels this is wrong.
Charles Sweeney said we are family here in the Bay and I can prove it because we fight! He agreed with Ms. McCahan that we do need to figure out who we are and what we want with out amenities. Mr. Sweeney suggested the Bay needs security for the amenities more than it does Code Enforcement. He would like to wait the 10 years for a raise in assessments. Ms. Sweeney wants lights on the playground.
Mr. Keegan recognized Lieutenant MacKenzie in the audience and thanked him for the good work the Sheriff’s department is doing around the Bay.
Don McIntee : Mr. Keegan said, “ Before you start, I see your home is gonna’ be discussed under the Code Enforcement appeal. So, if you want . . . . . . we can’t hear the case again. The only thing we’re gonna’ do at this time is we agreed the last time we met, in regard to your problem and violation, was to delay the fines. At this time we only gonna’ meet to provide for a start date for the fines to commence because the Board rejected your appeal. That has been answered, so we don’t have anything to consider. But if you’d like to talk about something else, other than your case, because that’ll come up under Code Enforcement. I just want to let you know what’s coming up. Go ahead, talk.”
Mr. McIntee: Other than my case. . …. Well, I’m down here for my case. That’s it. Just about my house. But, y’know, I did receive [notification] from Ken on Monday my fines will be starting in 60 days. But I got a serious problem with manipulation of public records that are going on in this Bay. Here it is right here. It says the owner of 1011 Barefoot Circle, which is me, resubmitted a permit application to the ARCC for approval of the type of Hardi-Board used as siding. The application was most recently denied by the ARCC on February 16, 2007. Now I’m gonna’ say this right now: this is a manipulation, and I don’t appreciate this. I have never put in . . . .I never resubmitted any permit. This never happened. You understand? I was never notified of anything through the ARCC about any meeting. I don’t know what’s going on, but I don’t appreciate this going into this record right here. And I have a few other instances where there was nothing but deception involved with my case. Being charged with particle board . . . . .that’s what I was charged with. I was charged with having particle board as siding on my house. I walked in here in October of ’06, was charged with having painted particle board on my house. I discussed this with Ken Austin multiple times since June of ’06. It still remained “painted particle board”. You can only answer to the charges that are on the violation. I was here to answer the painted particle board. In September of ’06 Mr. Austin stood here and stated, “I made a mistake. It’s not painted particle board, it’s Hardi-Board, which are two different things. In October, a month later, Mr. Austin stated particle board is a generic term for Hardi-Board, which it is not. When I went to say “No it isn’t” I was told ‘You are no longer allowed to speak at your hearing’, and that’s due process. I wasn’t allowed any process at all. Then I was insulted and ridiculed by the attorney, Karl Bohne, who made a statement at the end, which people here heard, and his statement was [after I walked out] ‘that a judge once told me that even a-holes deserve a fair hearing’, referring to me. Many people from the community called me and told me about that. I was never charged with ‘no permit’ ever because after the hurricanes I went to put in for my permit and you people didn’t have the infrastructure to issue permits at the time. I put in for a permit. There were no permits being issued right after the hurricanes. I went to the County as the next best thing. When I told them I was using the Hardi-Board they told me it was a Miami-Dade approved product. The State of Florida accepts it. I had to put it up to save my home. The style they had was the stucco pattern. I put it up and I saved my home. A man has a right to save his home. And I put it up. And then all of a sudden, in June of ’06, then I got a [word unclear on tape] that I have to cover it with vinyl or aluminum. And they said only vinyl or aluminum is allowed to be used in this community. I have photographs, that are approved by the ARCC, of homes that have stone on the front, that have stucco on the front. These were all approved by the ARCC. We’re not talking vinyl aluminum or Hardi-Board here. I went to the ARCC and talked to Bob Carillion (at the time he was in charge, like Wilma is now) and he told me told me Hardi-Board is not allowed, never was allowed, and I explained why I put the product up. There was a permit signed by Mr. Carillion a year earlier with Hardi-Board on it.
Mr. Keegan: Mr. McIntee, when your case comes up, and you have all these concerns, we’ll have the attorney give a legal opinion. Because this . . . . . the way we’re organized, is we only hear appeals.
Ms. Weglein: Mr. Chairman, may I interject something here? When I looked at this, I looked [it] up because it stated we had denied this at the February 16th meeting [ARCC]. From the minutes of that meeting, Mr. McIntee’s (it was under “old business”) ‘was put on hold for 1011 Barefoot Circle Hardi-Board siding without a permit. Could not contact owner.’ So this last paragraph is erroneous because we did not deny it, it was put on hold. Something would have to be done as far as the appeal is concerned.
Mr. Keegan: we’re going to consider it at ‘Code Enforcement’ time under New Business. Are you going to stay here for that?
Mr. McIntee: One more thing. I was alive and well and living in Barefoot Bay when I couldn’t be contacted. Thank you.
Tony Vallante: 925 Red Bud Road. Mr. Keegan reiterated what he told Mr. McIntee. The case can not be heard again because Mr. Vallante’s original appeal was denied. Mr. Vallante commented on the DOR ballots that did to come back; he feels the fence changes would have passed. He asked the Board to put another hold on the fines until the DOR can be changed. He feels if the mailing goes out when the snowbirds are present there will be a lot more response. Mr. Keegan asked “What if the fine were retroactive?” Mr. Keegan stated the Board would have Mr. Repperger discuss the case when it comes up under Code Enforcement. Mr. Vallante commented his permit had been approved the first time by the ARCC.
Unfinished Business
Mr. Keegan said there were 3 items to vote on, and then the budget would be mailed to the residents “next week”. 1) Trustee McCahan’s suggestion to raise the assessment $1.50 a month. Mr. Allan stated capital outlay will go down over the next couple of years; the Bay will be okay without raising the assessment. Ms. Crouse agreed with Mr. Allan. Mr. Keegan asked for a show of hands not to raise the assessment. 8 Trustees voted aye, Ms. McCahan voted no.
2.) Mr. Bleau agreed the 5% should be lowered to 3% for the Golf course. However, the grounds are deteriorating. Ms. Daddario commented the budgeted $43,000 was supposed to take care of course improvements. Ms. Weglein suggested reviewing other pro shops as to merchandise and general layout, and golf pro salaries. Ms. Weglein said she was referring to the overall management of the golf course, not just green fees. Ms. Weglein also stressed money in the budget should not necessarily be spent just because it is there. Figures from other golf course would let the Community Manager and the Board know what is really necessary. Mr. Allan volunteered to work on any committee formed to review the Golf course. Two Trustees voted for the 5% increase. 7 Trustees voted for 3%.
3.) Merit increase: Unanimous consensus for 2% COLA only.
4.) Entertainment: Mr. Allan urged the Board to drop “it” to $15,000. Ms. Daddario commented in the last 3 years budgets entertainment has been $30,000 and requested the Board leave it at $30,000. Ms. Crouse asked if the $30,000 was actually used. Ms. Daddario replied “Yes”. Mr. Ferris suggested “a happy medium” at $20,000. Mr. Bleau asked if the karaoke equipment was being used. Ms. Daddario responded only 3 or 4 people use it. Mr. Bleau proposed to sell it. Mr. Keegan asked for a show of hands at $30,000. 6 Trustees voted aye, 3 Trustees voted no.
Mr. Allan suggested putting $50,000 of the contingency funds into the emergency fund, and another $50,000 into the reserve fund. Mr. Keegan asked if there were a problem with that in the budget. Ms. Daddario replied the electrical infrastructure issue is not in the current budget so must be paid for from contingency funds. Some money must be undelegated. If the money is put into a reserve fund, it must stay there. Mr. Allan said if there were an emergency, the Board could vote to spend it. Ms. Daddario explained the Board can not spend it either from a reserve fund. Mr. Allan responded “then we can go over budget. There’s never been anything here that says the Board can’t approve something if it goes over budget.”
Mr. Keegan asked Mr. Allan to state exactly what he wants, and then he would ask for a consensus. Mr. Allan wants $50,000 a year in the emergency fund. The Board gave consensus.
Mr. Allan wants $50,000 a year in the reserve fund. The Board gave consensus.
Ms. Daddario said there is a total of $84,863 available, not $100,000. Mr. Allan proposed putting $34,000 in the emergency fund and applying the rest to reserves. The Board gave consensus.
Ele’s Toning Tables Lease: Mr. Keegan said at the April 13th meeting the Board considered releasing the Toning Tables lease as of June 1st to administer another lease with another business. Mr. Keegan asked for Mr. Repperger’s interpretation if that is not in fact a conditional release. Mr. Repperger said his recollection is that it was a conditional release. The Board’s recollection of that may be different and the Board may interpret whatever action it took. Mr. Repperger’s recollection is that a replacement was coming in; it was a conditional release based on the fact that a new business was coming in. Mr. Allan responded he read the minutes of the meeting; Grace came to the Board with an ice cream shop that was going to go in, and she asked [us] to release the current lessee from her lease. At that point [we] released the current tenant from the lease as of June 1st. There was no contingency, no “only if”. Ms. McCahan remembers that Ms. Daddario asked if the Board would release [her] from [her] lease. We voted yes, and she said “Oh good, because I have an ice cream shop that wants to rent this place.” Ms. McCahan said, “I have no concept that I voted for releasing Ele’s Toning Tables on the contingency that the ice cream shop came in. I don’t recall voting on that in that way. Absolutely not.” Ms. Daddario commented Gabriel Gilbert presented the request because Michele cannot. The way it was presented to Ms. Daddario was the new lessee could not get funding on a sub-let basis. Mr. Keegan cited financial difficulty at the reason for abrogating the lease; other tenants at the shopping center are bringing forth similar concerns. Mr. Bleau read from the minutes of April 13th, page 8 of 12. (Reference attached.) Mr. Keegan reiterated Mr. Klosky’s motion as being “I would like to make a motion as to what Ms. Daddario said.” Mr. Bleau asked the Board’s secretary of record to read the verbatim version of April 13th.
The Recording Secretary said, “There is one thing I want to point out to the Board. What I hear audibly on the tape, as will show in this verbatim, is not necessarily what you’re going to see on a DVD. When I got down to just after what Ms. Daddario had said, there was some laughter, that kind of thing, come onto the tape. In the end, there is talking off microphone. The Recording Secretary can be heard asking if Mr. Klosky is making a motion. His reply is not clear on the tape. Mr. Klosky indicated with a hand gesture, to the Recording Secretary, that he concurred as the maker of the motion, which is what I asked him. Second, which came from Ms. Weglein, was audible on tape, but not directed into the microphone. And this is what this says.” Recording Secretary reads the first few sentences of the verbatim. (Reference attached). As you look at a DVD you will see hand gestures and people talking that may not get to the microphone. [The Recording Secretary finished reading the entire verbatim.]
Mr. Keegan asked Mr. Repperger, after having heard and read the minutes, to make a legal opinion on whether that was a conditional release. Mr. Repperger responded, ‘It’s ultimately not my decision to make. It’s the Board’s decision. It’s not a legal interpretation. What it is is what the Board intended. The only ones who know what the Board intended are the Board members.” Mr. Repperger cautioned the Board members that if their intent is to have the lease released without any condition of a business coming in, [you] may want me to look at the lease for purposes of determining whether a lease of that kind is [word unclear] under the lease agreement.
However, if both parties are in agreement, [you] can do anything.
Mr. Klosky commented on the “as long as” portion of the verbatim, supplying what Ms. Daddario might have been going to say had she finished the sentence. Mr. Ferris had conditional terms in mind when he voted. Ms. Crouse wanted to know how a person would end their lease before the term is up. Mr. Repperger replied it is his perception there are no escape clauses in the Shopping Center leases. Mr. Allan said he voted as though it were “a done deal” and his intent was to release Ele’s Toning Tables. Ms. Daddario commented the District is not in the business of sub-leasing for its tenants; she said she referred several prospects to the Ele’s location. Ms. Daddario said she wouldn’t be involved at all if it weren’t for the conflict of interest; she was asked to present the proposal to the Board for that reason. Mr. Keegan asked Mr. Repperger if the District was in danger of setting a precedent. Mr. Repperger responded “you may be”, however he was reluctant to render an opinion not having seen the lease in question. Mr. Repperger suggested the Board make a motion to clarify its intent.
Mr. Keegan commented one of two motions may be made; one that the lease is released, or that it was conditional and [she] is not released. Ms. McCahan made a motion “that we keep in our record and approve of the Ele’s Toning being released from their lease”. Any further leases shall have a specific clause to cover the situation we’re in now. Second Mr. Allan.
Mr. Ferris asked Ms. McCahan to restate her motion. Ms. McCahan said, “I would like to make a motion that we keep our last act on the Ele’s Toning and the release . . . .that we accept their release, or we agree that we excepted them from their lease regardless of any other possible lessees.” Second Mr. Allan.
Mr. Bleau read from another lease, page 13 of 14 [the source was not identified], #32 choice of law which regards sublets, and Section 24 which regards inability to perform for acts of God and war and similar reasons beyond the control of the Lessee. There was no conclusion regarding early termination of the lease from this information. Mr. Allan suggested there be no more “yeah, what she said” kinds of motions; the Board needs to communicate what is meant, not what might have been intended. Mr. Keegan asked Ms. Daddario about Ele’s Toning lease not being a standard lease. Ms. Daddario responded the lease has several lines crossed out and initialed by Mr. Hunt; the standard lease was changed. Mr. Klosky requested a copy of the lease be given to all Board members. Mr. Klosky made a motion to table the issue until the Board could review it.
Second Ms. Crouse. Mr. Repperger commented a motion to table takes precedence over other motions on the floor. Mr. Keegan asked for a show of hands: 7 Trustees aye, Ms. McCahan no, Ms. Donahue recused herself. The matter was tabled.
Mr. Keegan explained the District received the preliminary audit findings “this morning”.
New Business
Mr. Keegan asked Mr. Repperger to explain the Board’s position regarding the appeal process. Mr. Repperger responded the Board is the appellate body for purposes of considering appeals from the decisions of the Violations Committee. Mr. Repperger cited Article II, Section 2 of the DOR that the ARCC shall have the authority to promulgate regulations relating to all construction and landscaping for lots within Barefoot Bay. Such regulations may, without formal amendment to this DOR, be created and modified, altered or changed, by a majority vote of the ARCC; provided however, that notice of any such amendment, modification, alteration or change to the regulation shall be given in writing to the Recreation District as soon as practicable thereafter after the adoption thereof by the ARCC. The letter dated January 26, 2007 states the ARCC respectfully submits to the Board of Trustees notification of the committee’s decision January 19, 2007 to approve Hardi-Board siding on homes pursuant to Article II, Section III, Architectural Design and Installation requirements: carports, sheds, and other architectural requirements that make the home blend in with other homes in the Bay. My opinion of that is the ARCC has approved of Hardi-Board for years. There is not any other further amendment of the DOR that is required to effect that change. It’s been done; you’ve been notified of it, and I don’t know how that affects these cases. To the extent the Board may want to consider that position with regard to these cases as they exist right now, [you’ve] put them on hold, and now might be the appropriate time to [tape unclear].
Ms. Weglein reiterated the permit was put on hold in February and the ARCC never voted on it. Mr. Keegan asked if the Hardi-Board of the type on that residence is now approved. Ms. Weglein responded the ARCC inspector had not approved it at that time. Mr. Keegan asked Ms. Weglein, as Chair person of the ARCC, if the Hardi-Board is now approved. Ms. Weglein said her vote is employed on the ARCC only if one of the inspectors is absent.
Mr. Austin commented 1011 Barefoot Circle is neither a health nor safety issue. Mr. Keegan said the issue is to get the ARCC Committee to tell the Board if the Hardi-Board is approved or not. If 10 people came to the ARCC tomorrow requesting Hardi-Board, would they be approved for Hardi-Board? Mr. Austin replied that the application on file was denied in the past. It’s after the January 26th date that has not been voted on, so it’s appropriate for that application to be reviewed by the ARCC and for the owner to bring in a sample [of Hardi-Board being used] as the ARCC requests. Ms. Weglein commented ‘he has not asked for another permit’. It’s never been re-submitted, so until that comes to us [ARCC] we don’t do anything. Mr. Austin responded “it is ordered and adjudged that respondent shall, by November 10th , 2006, come into compliance with the violations cited herein by receiving a permit and installing ARCC approved material on the house.” The respondent has failed to get a permit. Mr. Austin suggested the Board table the matter and allow the resident to obtain a permit. Mr. Keegan asked if he were allowed to put Hardi-Board on his house or not? Ms. Donahue and Ms. Weglein responded “Yes” and “Yes you can”, respectively.
Mr. Repperger reiterated the ARCC has authority to approve of the material. By way of the January 26, 2007 letter they appear to have done that. From a legal perspective, the Board’s best option in this case is to possibly table this matter and allow the respondent to present an application for permit to the ARCC. Mr. Bleau commented it is not stated anywhere that only certain types of Hardi-Board are allowed. Ms. Weglein cited the sentence that says residents must submit a sample along with an application for ARCC permit. If the residents don’t have a sample, a large book is available with pictures of Hardi-Board; the resident must show the ARCC what will be installed on the house. Mr. McIntee said the type of Hardi-Board he used was the only type available at Home Depot at the time. Mr. Keegan asked Mr. McIntee if he would be happy if the Board tabled the case and allowed him to go before the ARCC. Mr. McIntee said he didn’t think this would be helpful; the ARCC had turned him down already, and also a “house on Marlin” with stucco on it. Mr. McIntee said the ARCC would turn him down again. Mr. Keegan asked Ms. Weglein if Mr. McIntee’s prediction were correct. Ms. Weglein asked if [Don] was going to “put up the rest of the house”. Mr. McIntee replied he was denied two permits on this.
Ms. Weglein said Mr. McIntee could come in [ARCC] and discuss it with the inspectors. Mr. McIntee wants all Hardi-Board approved just like aluminum and vinyl.
Mr. Ferris made a motion that the Board of Trustees instruct the ARCC to approve all Hardi-Board “across the board”. Second Mr. Klosky. Mr. Keegan requested “Those in favor raise your hands.” There were 5 “ayes”. Mr. Allan, Ms. Crouse and Ms. McCahan voted “no.” Ms. Weglein recused herself.
Ms. Weglein asked if the ARCC must now approve any Hardi-Board. Mr. Keegan said “Yes”.
Mr. Repperger commented the Board should dispose of the case one way or another. Mr. Bleau made a motion to dismiss the case against 10011 Barefoot Circle and to obtain the permit from ARCC saying the home is approved. Second Mr. Klosky. The Board gave consensus. Ms. Weglein recused herself.
925 Red Bud Road: Mr. Austin commented “the fine point” is the ARCC has authority to approve “other materials” on a house, but the DOR specifies fences must be chain link. Decision in this case was delayed pending approval of vinyl fencing (which failed to get enough votes.)
Mr. Allan made a motion to table 925 Red Bud Road. Second Ms. Donahue. Mr. Keegan asked for a show of hands. 7 trustees voted aye. Ms. Crouse voted no. Ms. Weglein recused herself.
Mr. Bleau made a motion that a spending cap of $5,000 be placed upon the Community Manager; any amount over that must be approved by the Board of Trustees. Mr. Keegan noted there was a spending cap in place; Mr. Bleau responded it was “$5,000 to $14,000” and he wants to cap it at $5,000 without approval. Mr. Bleau said it was ok by him if the attorney looked into it. Mr. Keegan explained the spending cap was previously set forth at $7,500; the Board has to amend the previous document. Second Mr. Allan. Motion carried unanimously.
Ms. Crouse said the Barefoot Bay Board of Trustees Policy and Procedures Manual was developed by the Board of Trustees July 27, 2004 to provide the Finance Department and other department staff with assistance in effectively performing their responsibilities. Page 5 states the cap is $7,500 without Board authorization. Mr. Allan suggested a workshop because the document is so extensive. Mr. Klosky concurred. Mr. Keegan agreed the workshop needed to take place before it was given to Mr. Repperger to draft a resolution.
Mr. Klosky made a motion to require advertisement in the Press Journal for 2 weeks and posting on the bulletin board at Building A to fill any District vacancy. Second Ms. Donahue.
Ms. McCahan commented she thought this issue had been resolved already about 2 years ago. Ms. Daddario commented she is operating from a manual that was last updated in 2004. The manual the auditors have is dated February 2003. Mr. Allan asked if the bidding proposals were in the policy manual. Ms. Daddario responded they are; she also is guided by a letter from The Torpy Group outlining bidding procedures. Mr. Klosky vacated his motion in favor of the workshop; Ms. Donahue vacated her second.
Mr. Klosky made a motion to hire a part time Human Resources person to mediate between employees and management. Ms. Daddario commented the District has an HR person in Miguel Mata. Ms. Crouse commented she was told in a Board meeting that Miguel’s position was “part time”; the budget shows him as being full time, and “now” he’s also Human Resources. Ms. Daddario responded that originally the HR position was handled by a person with a high school education who also was the accounts receivable person. Mr. Mata has credentials and previous experience in labor laws. Ms. Daddario said she replaced 3 people who could not perform in the positions they were in with 2 people who could. The positions were advertised. Mr. Allan pointed out the HR position was not advertised, it was assigned.
Mr. Klosky commented it’s a waste of time and money to buy gasoline at a commercial pump for District vehicles. Mr. Klosky made a motion to resume making gasoline deliveries to the Bay with the stipulation that a policy be implemented to govern the use and control of it. Second Ms. Crouse. Ms. Daddario commented last year’s gas bills indicate the District paid a higher price for delivery. One Source took over the gas tanks when they moved their equipment into the Falcon Drive facility. Ms. McCahan commented the COP’s use tax exempt charge cards at commercial gas stations. Mr. Keegan requested a show of hands on Mr. Klosky’s motion. Motion failed.
Community Manager’s Report
Ms. Daddario reported when the Board of Trustees approves the audit draft copy, the auditors will provide the hard copy. The budget will be mailed along with the audited financial statement to the residents.
The Sheriff’s office is bringing hurricane rescue equipment to Building A June 14th at 10:00 a.m. Bob Lay of Brevard County Emergency Management will present the County’s emergency preparedness. Mr. Keegan commented that during a hurricane a District truck will be outfitted with a loudspeaker to inform residents of evacuations, etc. Post hurricane information will be disseminated in the same way. Ms. McCahan asked for clear signs designating areas for food, water, etc. placed high enough to read.
Weirs: Frazier Engineering is still assuring the District they are working with the insurance companies toward a decision. Mr. Repperger asked to see the most recent letter.
Ms. Weglein asked that Betty Meilbeck, the Pool 2 host, be given a merit award for rescuing the drowning child.
Attorney’s Report
The Board forwarded Mr. Repperger’s letter of memorandum regarding golf carts to the June 26th meeting. Mr. Repperger stated, regarding hiring practices, the District is in compliance with the law. Mr. Repperger and Ms. Weglein have been in contact with the Governor’s office regarding the Charter. Mr. Allan revisited the $120,000 budgeted for Mr. Repperger’s legal fees; he says it works out to about 57 hours a month. Mr. Repperger replied that was what was in the budget and he accepted it.
Committee/Trustee Reports
Mr. Ferris asked Mr. Repperger if there has been mediation regarding McCool. An appointment for mediation is currently being negotiated. Mr. Ferris commented the pothole into the Micco Road RV facility has been cold patched. Some residents don’t like the new RV lease agreement; Mr. Ferris said the agreement isn’t going to change.
Mr. Klosky reported Wednesdays in the Lounge have been cancelled until further notice. Dinners in the 19th Hole are cancelled until further notice. He provided a list of Home Owners Association events (attached).
Mr. Bleau commented the “19th Hole women” would like to have the ½ sandwich back on the menu. It’s available only with a cup of soup. September 7th is the next meeting of the Golf Committee. Mr. Bleau requested the restrooms stay open as long as people are playing the course.
Mr. Allan reminded residents the Violations Committee needs 2 alternates.
Ms. Weglein commented the next ARCC meeting is June 15th at 9:00 a.m. in the Lounge. The ARCC does not meet every week. Micco Road: no roads will be closed into Barefoot Bay. Access will be maintained. The contractor will work on Micco Road as a whole. Speed bumps on Lark will require a consensus of the neighbors. Mr. Keegan asked Ms. Weglein to pursue the speed bump question with Brevard County.
Mr. Keegan thanked Lieutenant MacKenzie for coming to the meeting and for participating in the command center.
Mr. Allan suggested Barefoot Bay Recreation District offer the Board of Trustees meetings on line. Ms. Daddario commented putting meetings on the website is on the task list. Mr. Allan suggested reviewing Barefoot Bay Recreation District leases. Mr. Allan feels the vandalism in Barefoot Bay does not merit so much play in the newspapers. Mr. Allan asked if the District were paying One Source for the additional mowing of common areas that weren’t in the original contract. Ms. Daddario replied, “Absolutely not.”
Ms. Weglein warned of a current scam. Someone has been “walking around” saying they’re from the Appraiser’s office. They do not have identification.
Mr. Klosky relayed complaints from Citrus Bank about kids on skate boards “skimming” the bushes and breaking them down, and drinking on bank property after dark. Mr. Klosky relayed complaints from “some women” at Building A about the tire block in front of the Community Manager’s parking space; these same women complained that the Community Manager parked in a handicap space. Ms. Daddario commented she has a handicap plaque because of pending knee surgery.
Audience Participation
Nancy Eisele thanked the Board for the hurricane presentation.
Dale Page commented the Home Owners Association has to charge for their entertainment and it doesn’t go over well when the District has been providing it for free. He mentioned that Sheriff’s cars have spotlights on them that pierce dark places. Mr. Page commented on ARCC fence permits that wind up not being built according to permit. He urged people to look in the mirror to find the beginning of most of their problems.
Robin Phillips commented that criteria for the background and drug checks for volunteers is being developed. Ms. Phillips asked the District to pay for the tests or eliminate the need for them. The Youth Group doesn’t have the money. Ms. Daddario suggested the District pay for the tests; there is no charge for background checks, only drug tests that must be done in a laboratory. Ms. Phillips said she had about 25 core volunteers.
Mr. Bleau made a motion that the District will pay for Youth Group volunteers’ drug tests. Second Ms. Donahue. Motion carried unanimously.
Ms. Crouse made a motion that a “core group” of supervisors be given background checks and drug tests. Mr. Keegan said “If you’re not a supervisor, you’re not near the child.” Second Mr. Allan. Motion carried unanimously.
Mr. Repperger commented these motions may affect the application of resolution 2007-2 which says all volunteers will undergo background checks and drug tests. Mr. Keegan authorized Mr. Repperger to “further define” the resolution to include the new language.
Mr. Bleau complimented the Youth Group on how well they performed at the Memorial Day service, not only during the service, but after the service in Building A. He commended Robin and Richard Phillips for a job well done.
Elizabeth Showers asked why the parking lot at Building A was without lights for 3 days. Ms. Daddario said there are major structural electrical problems. It takes a while to find a break underground. Ms. Showers said “it was all redone after the hurricanes”. Ms. Daddario replied none of the underground was ever done and it’s the underground wiring that is deteriorated. Ms. Showers feels the Lounge suffers “every time” when something gets cut out.
Walt Myer wants the pool hosts to get a copy of the pedophile list that comes to the COP office. Mr. Keegan said “we’ll rectify that”. Mr. Myer commented on “selective enforcement”. Mr. Keegan responded that a resident may complain in writing to Code Enforcement. If the complaint is not addressed, the resident may bring the complaint to the Board of Trustees.
Adjournment
Mr. Keegan entertained a motion to adjourn. Mr. Bleau made the motion to adjourn. Second Mr. Klosky. The meeting adjourned at 4:22 p.m.
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