Minutes for June 9, 2006
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DRAFT
Board of Trustees
Regular Meeting
Friday, June 9 2006
1:00 p.m. – Building D&E
Madame Chairman Wilma Weglein called the meeting to order at 1:00 p.m.
Ms. Weglein requested prayer for our service people all over the world. Amen
Ms. Weglein led the Pledge of Allegiance.
Ms. McCahan called the roll. All trustees were present. Mr. Malek was present as counsel.
Mr. Keegan led the Pledge of Allegiance to the Flag.
Ms. Weglein entertained a motion to approve the minutes of May 19, 2006. Mr. Bolon made the motion to approve. Second Ms. Donahue.
Mr. Bolon commented on page 4 of 5, the last paragraph regarding severance pay, that he had not authored the recommendation that the Board create policy on severance pay. He said he questioned “how that got on there”, but he did not officially request it. There was no vote on this issue. Ms. Weglein asked if the sentence should be crossed out or did Mr. Bolon wish to reword his intention. The paragraph states that Ms. McCahan claims authorship of the request.
Mr. Carillion commented the “roll call” portion of the minutes should indicate he was absent from the May 19th meeting.
The minutes were accepted as amended.
Ms. Donahue read the Bank of America Balances as of 6/6/06. (Exhibit A) Mr. Bolon asked Mr. Hunt if the District was “any closer” to receiving a monthly statement. Mr. Malek responded the auditors completed the reconciliation of all the books. Staff is now compiling the last of the information the auditors asked for. Ms. Weglein commented the auditors are attempting to present the audit June 27th.
Richard Bleau commented Mr. Hunt has done an outstanding job of presenting this budget before the Board. On page 5 under Miscellaneous Income, Mr. Bleau asked if the social membership fee could be called an impact fee regarding new homes brought into the Bay. Mr. Hunt responded that’s the $500 a new homeowner pays. Mr. Bleau asked how the District arrived at that sum. Mr. Hunt responded the formula is estimated anticipated sales times the amount of the fee. On page 6, under Administrative salaries, Mr. Bleau asked if the Executive Secretary was Mr. Hunt’s secretary. Mr. Hunt responded Ms. Wheelan’s position also supports the Assistant Manager and the Financial Manager. Mr. Bleau asked how the District acquired an assistant manager. Mr. Hunt responded Mr. Geer is the Technical Services Director. The title used to be Special Projects Director. Mr. Hunt accessed Mr. Geer to act in the Assistant Manager position when Mr. Hunt is out of the office. Mr. Hunt commented it is entirely up to the Board of Trustees to appoint someone to act in his place should he be terminated. Mr. Bleau asked if there was going to be another employee added to the Code Enforcement staff. Mr. Hunt responded there are 5.5 employees there now. Mr. Bleau commented one was missing from the budget. Mr. Hunt explained Leslie was on maternity leave but is now back. On page 8, Mr. Bleau stated the $30,000 for music and entertainment should be replaced by charging a fee to patrons who use the Lounge facility. On page 12, $9,000 to R&M Grounds, indicates a $750 increase for the softball field. Mr. Bleau asked if the District had investigated insurance coverage for the volunteers working at the field with the tractor. Mr. Bleau suggested making the volunteer who is operating the tractor a part-time employee of the District in the interests of workman’s compensation.
Mr. Bleau commented on the list of requests from Food and Beverage. Mr. Hunt explained it was a proposal outside the budget that had been presented to the Board for discussion. It has not been voted on which is the reason is does not appear in the budget. Mr. Carillion commented a new stove for Building A would probably come out of a maintenance fund or some other fund rather than out of the budget as a repair. Mr. Hunt explained revenue was needed to cover the source; the revenue would be the unbudgeted fund balance. It’s the money left over in the Special Revenue Fund that the District purposely hasn’t budgeted because it isn’t good accounting practice to budget everything down to the dollar. Mr. Bailey asked if expenditures regarding the age of facilities would come under replacing old equipment. Ms. Weglein commented it was a matter of identifying where the funds would come from.
On page 16, in the capital projects for 2007 there is a proposed budget of $50,000 for engineering work. Mr. Bleau says all the engineering work has already been done on the seawall.
Ted Firlein questioned how a tiki bar outside the lounge could make money. Mr. Firlein commented residents were “in the dark” regarding the proposed budget. Ms. McCahan commented she had reminded residents that “everything goes to the library”. Mr. Hunt commented the legally advertised public hearing for the budget, the one that is required by law, is June 27th. After the Board’s workshops are finished, the District compiles the budget to that point and mails it out. Volunteers finished stuffing the mailing “last night”. The public hearing [today] is to discuss what the Board has accomplished in the last two workshops.
Mr. Bleau commented the material Ms. McCahan referred to was in the library two days after she had first mentioned in a meeting the budget should be at the library for public perusal. Mr. Bleau said that was where he made all his copies. “All this stuff” is also listed on the agenda posted on the bulletin board at Building A 7 days before each meeting. Ms. Weglein reminded the audience the mailing is a synopsis of the budget and not the complete budget book that trustees are working from. Mr. Bolon said he was confused because the budget mailing went out the day before the public hearing. That made it seem the Board had already made a decision before public suggestions came in. Mr. Hunt cited precedent: the synopsis budget was mailed after the two workshops last year. Also, the law cites one public hearing, but last year there were two, and it is being done again this year. There will be a certain agenda that [we] will have to follow on the 27th in order to meet all the prescriptions of law. If the district waited until after this meeting to mail the proposed budget, then people would be in danger of not getting it in time for the legally advertised public hearing on June 27th.
Ted Firlein expressed his concern that the “school site” near the lake at Marlin Circle needed to be protected and not considered a site for the proposed veterans’ building.
Mr. Hunt commented the District could not award a pier bid [today]. The bid opening was Tuesday, June 6th. The District received 2 bids; the engineers have reviewed them. Only one was acceptable; the other had too many glaring omissions to be accepted as a bid. The District will solicit additional bids. Frazier Engineering is contacting companies that picked up plans but did not bid to ascertain why they didn’t bid the project. Accepting on the basis of only one bid would place the District’s FEMA funding in jeopardy. Mr. Carillion asked what would happen if there were no additional bids. Mr. Hunt responded that if the District goes out to bid twice and no one else bids, the District would seek to approach FEMA to accept the one successful bidder. Mr. Bolon asked what the cut-off date is on the pier project {that FEMA funds would still be applied]. Mr. Hunt responded the District has applied for and received extensions and grants from FEMA.
The aluminum project is complete. It’s on the agenda to finalize it and to remind the residents [we] are getting things done.
The attorney’s office was helpful in getting the District a certificate of title to the maintenance building. It is now back on track in the County’s permit department.
Nothing has been done on the canal cleaning. Staff wrote the Shopping Center bid.
Mr. Hunt commented he wished to reaffirm the Board’s intention to keep residents who owe the District money from using the facilities until they are paid up. Mr. Bailey made a motion those residents who owe the District money will not be allowed to use the amenities. Second Mr. Carillion. Ms. McCahan said she wanted it extended to entertainers who live in the Bay that they would not be allowed to be employed in the Lounge if they are not current with the District. Mr. Bailey commented he had been involved in a few incidences where residents have confronted employees in a very mean spirited way. These residents seem to feel the District will do nothing to them for this. Mr. Bailey urged the Board to officially “put it out there” these residents will be dealt with harshly. Employees do not deserve to be abused by anybody when they are doing the jobs the District requires them to do. Mr. Bailey cautioned that someone was eventually going to have a physical problem without this protection, and he would like to make a motion to this effect. Ms. Weglein asked that the motion already on the floor be concluded first.
Mr. Malek commented his understanding of the motion is to deny access to the amenities if the resident owes assessments or code enforcement fines or any of that thing. Mr. Malek suggested the Board vote on that. The motion was carried unanimously.
Mr. Bailey said, “I want a motion to be made for the protection of the employees. If any resident abuses any employee for any reason that we be dealing with them by whatever laws are necessary, that the attorney can help us resolve. This is getting very bad. [The employees] are only doing their jobs, and they don’t deserve that.” Second Mr. Carillion.
Mr. Malek responded the Board of Trustees might not need to put that in the form of a motion. That would seem to be something that if an employee is getting abused or verbally abused or something similar, call the Sheriff. The Board may show its support by making such a motion, but the Board shouldn’t take on the responsibility of needing to call the Sheriff. If an employee is being abused, the employee calls the Sheriff. Mr. Bolon commented the Board had already delegated that responsibility to the Community Manager. Such an incident should be taken to the community Manger to deal with. Mr. Bailey said that’s not the problem These incidents happen “at the oddest times”; Saturdays, evenings, Sunday nights. Perhaps the Community Manager could put out a letter to the employees stating that what should be done in an abusive situation. Ms. Weglein commented a resident’s badge should be taken away if someone does this to an employee. If the sheriff has to come, the badge should be taken away for a certain period of time. Mr. Malek said that should be in the form of a motion. Mr. Bailey withdrew his motion and Mr. Carillion withdrew his second. Ms. McCahan concurred that when an employee was accosted by a resident the resident badge should be taken. She would like to see rules of conduct written on the wall at each of the pools that include “no swearing at the employees”. Mr. Malek suggested since rules of a certain kind were already in existence, Mr. Hunt and staff could update the rules to include the Board’s wishes. With respect to pulling someone’s privileges, the Board should put that in the form of a motion.
Mr. Carillion made a motion that anyone who is abusive to District employees in any way, shape, or form, regardless of whether the Sheriff is called or not, their privileges to the amenities of Barefoot Bay be suspended for a period of time to be discussed by the Community Manager or the Board of Trustees. Second Ms. Howard. Motion carried unanimously.
Mr. Hunt informed the Board the entrance fountains were not working [today] because there was vandalism last night. The heads of the fountains were broken off; some of the plumbing was ripped out. Mr. Bolon said he had come by the fountains “last night” and thought it was “Pool 4”. There were 3 young men swimming in the fountain. Mr. Bolon phoned Code Enforcement. Mr. Carillion asked Mr. Bolon if he had phoned the police at 911. Mr. Bolon responded that he had not. Mr. Carillion asked, “Why?” Mr. Bolon responded, “I forgot. Isn’t that what politicians say?” Mr. Carillion commented, “We’re telling our employees to call the police, we’re telling our residents to call the police, I think we should set the example and call the police ourselves. If I come into Barefoot Bay and observe vandalism, my cell phone is out right away.”
Ms. Weglein referred to the softball field and the “crew person”, commenting to Mr. Hunt that the person could be put on as a part-timer.
Mr. Keegan asked if anything had been done about the Brevard County 5-minute restriction on the railway crossing. Mr. Malek commented the attorneys need to meet with Mr. Austin as the liaison in Barefoot Bay. Chris Hill, assistant to Commissioner Helen Voltz, commented the County under the new ordinance has the ability to fine the FEC when they block the intersection for more than 5 minutes. The FEC addressed another track in their 2006-2007 budget to eliminate the problem altogether. Mr. Keegan asked what the amount of the fine was in the ordinance. Mr. Hill said he would find out for Mr. Keegan. Mr. Carillion asked how it was going to work. Mr. Hill and Ms. Weglein confirmed the switching stations were being moved to locations where intersections weren’t blocked. Mr. Hill commented an environmental company is performing soil samples at the Crystal Bay development. Mr. Hill commented the zoning maps highlighting the areas Palm Bay has annexed would be available next Friday [June 16th]. Responding to questions regarding Micco Road, Mr. Hill commented there had been a problem with sidewalks that had to be reengineered. John Deninghoff, Brevard County’s traffic engineer, felt this would push the project back a few months.
Mr. Hunt forwarded a letter from the Veteran’s Council to the Board of Trustees. Ms. McCahan quoted from Mr. Walker’s letter that there was a small area among the oaks along Veteran’s Way that was near water, sewer, and parking. [Exhibit B] Ms. McCahan asked for clarification: does Mr. Walker refer to the other side of F Building, or near the tennis courts. Ms. McCahan expressed her objection to anything being put “on the lake”. Mr. Hunt commented the reference is to a site NE of F Building along the curve next to the road. Mr. Bolon commented this site provides adequate parking, whereas any other site would necessitate making an adjacent parking lot. Ms. McCahan asked if “between the two banks” means literally the street “Claudia lives on” [Buttonwood], or does it mean across from the Shopping Center building? Ms. Donahue commented if the building were placed next to the Peddler or near the Shopping Center, more parking definitely would be needed. Ms. Donahue said there wasn’t enough parking “as it is”. Ms. Weglein asked when would be the busiest time the building would be in use. Mr. Bolon responded “Mostly evenings.”
Mr. Carillion made a motion to pursue the site on Veteran’s Way, establishing a committee to ensure the building is not on the lake or near an established park area. [Item #1 in Mr. Walker’s letter.] Second Mr. Keegan.
Ms. McCahan requested the proposed committee also consider the shopping area next to the Peddler. Mr. Carillion responded the area would be big enough for a “double wide” but the expense of building a parking lot might not be feasible. Ms. McCahan asked Mr. Carillion to at lest consider it.
Mr. Carillion amended his motion to include Items 1&4 and create a committee to make drawings [hand drawings] etc, and get back to the Board. Mr. Keegan amended his second.
Mr. Smith commented the Veteran’s Council Building should be big enough to meet in and also accommodate the flags. Mr. Malek suggested Mr. Carillion provide a deadline for the committee to be formed and to report back to the Board. Mr. Carillion responded the deadline to report should be the 2nd meeting in July [July 28]. Mr. Hunt commented there was discussion about #1, then #3, and Mr. Carillion amended his motion to include #1 and #4. Mr. Carillion said he meant #3, but wants #3 to be the area next to the parking lot at the main shopping center, not over by the Peddler. Mr. Keegan agreed.
Ms. Howard asked who would comprise the committee. Mr. Carillion responded it would probably be Mr. Hunt and the veterans. The motion carried unanimously.
Ms. Weglein directed Mr. Hunt to talk with the veterans and bring back the results [with drawings] to the Trustees meeting July 28th. Mr. Keegan volunteered to be the liaison from the Trustees on the committee.
Camera equipment has been re-ordered for Pool 3. Ms. Weglein requested an update on the difference in cost for the new order.
Mr. Hunt commented the RV lots are #16 on the priority list. He distributed a fact sheet and a copy of the RV storage park lease. [Exhibit C] Ms. Weglein asked if there were any way to update the present lease agreement before the project is scheduled to be done. Mr. Hunt responded that changes such as everything in the lots must be currently tagged could be implemented without physical amendments to the lots. If, on the other hand, the Trustees wish to address the issue of 35 footers that might fit into one slot, or may need two slots (and pay for two), then it gets into the physical stuff. Current vehicle tagging would be handled by inspection: if the current tag is not evident, the District will send a letter advising the tenant to move the vehicle or have it impounded. Ms. McCahan commented one new RV rule should be any tenant must be a resident of Barefoot Bay. Ms. McCahan commented on an RV using electricity for free. Mr. Hunt responded that RV’ers who “plug in” continuously get unplugged. Ms. McCahan asked if residents who use the electricity for A/C could be charged for it. Mr. Hunt responded the electrical questions get into the physical part of renovation. The electrical set-up is such that if more than 5 or 6 RV rigs were plugged in, it would blow the whole grid. Even if the District made the service generally available at a hefty charge, more residents would want to use it than the service could handle. Ms. McCahan wants all vehicles currently tagged and in operational order. Ms. Weglein commented if the lease were changed at this point, the physical issues would have to be addressed. Mr. Bailey explained these issues had been previously addressed. The pressing problem currently is residents who give out their keys and allow friends to use their RV slots. Ms. McCahan commented on the non-resident surcharge. Mr. Hunt explained non-residents pay double what residents pay. Mr. Hunt deferred to Mr. Smith and Mr. Bolon to explain the historical reason for non-residents to rent RV spaces. Mr. Keegan asked about how many people don’t pay their RV lot fees. Mr. Hunt responded there are 350 parking slots, and only about 4 people are delinquent in any given month. Mr. Keegan asked if the District subsidized the RV operation. Mr. Hunt responded that although the District doesn’t subsidize the RV lots per se, the lot rent is below market value.
Mr. Smith commented on the use of electricity at the RV lots. He suggested residents clean out their refrigerators rather than use the electricity between trips. Mr. Bolon commented it used to be when the rent wasn’t paid; the District hooked a tractor up to the rig and deposited it behind the barn at Property Services. Ms. Donahue commented the RV lots are a storage facility only; there should be no electricity at all. Ms. Donahue suggested a card system would take care of the key issue. Mr. Hunt commented the card system is pricey because of the electronics involved. A “home base programmer” may cost $20,000 to $30,000. Mr. Carillion commented with swipe cards the District would be the only one that could duplicate them. Ms. Donahue asked Mr. Hunt to find out how much the system would actually cost. Ms. McCahan asked that the card system be considered for all the facilities.
The tennis courts are finished.
The bid opening on the Shopping Center is due June 30th.
The District is in the process of getting a fourth measurement to the elevation on the Community Center Weir. Mr. Bolon conceded the weir is built to specification. However, he contends the weir was designed wrongly. Mr. Bailey commented there needs to be proof for these allegations. Mr. Keegan asked if the Board had approved the plans before it was built. Mr. Bolon responded “We didn’t approve it. It was put to us.” Mr. Hunt commented he has contacted Busen and Meyer. Mr. Carillion asked if a motion was required to approve spending money with Busen and Meyer. Mr. Hunt will ascertain the cost of the evaluation and bring the amount back to the Board. Mr. Hunt commented the weir was examined on Sunday [June 4] right after a large rain, and it was working perfectly. The weir at Dottie Lane was spilling over because the system has an immediate rise to it. The weir at the Community Center, the water was back flowing into the lake as a retention pond the way it was designed to work. Ms. McCahan expressed that the Community Center weir was not intended to be a dam, nor is that weir the control mechanism for the canals. The Dottie Lane weir is a dam, and the mechanism that controls the canals. Mr. Bolon commented Avatar originally made the Community Center weir a dam in order to keep the lake water up. Mr. Keegan asked if the discussion could be abated until St. John’s Water Management reviews the weir. Mr. Hunt commented that solution might not satisfy the Baord since he did not know when St. John’s would arrive to inspect the weir. Mr. Hunt commented it is his belief that Frazier has submitted the “as builts” to St. John’s.
Mr. Malek commented in respect to the employee handbook, the job description for a proposed human resources manager has been sent to Mr. Hunt this morning for his review. Also, comments regarding the employee handbook were due back to Mr. Hunt by June 2nd. Mr. Malek had just received comments from Ms. Weglein. If there are any other comments, submit them and they will be considered. Mr. Carillion asked Mr. Malek if the comments from “two years ago” were still being considered. Mr. Malek affirmed they were. Mr. Carillion responded that was the input he favored, so he had no additional comments to make. Ms. Howard asked about her letter to the Board containing her input. Ms. Weglein had passed it to the recording secretary, who will forward it to Mr. Hunt.
Mr. Malek commented on resolution 2006-1, the Violation Committee. Comments should be presented to Mr. Hunt, who will forward them to Mr. Malek. Mr. Bolon commented the Board had made a decision a few years ago that the Violations Committee would be subject to term limits. Mr. Malek referenced page 4 of 11, Section 3, Paragraph F. In paragraph D, the terms are set at 3 years, and the members may serve two consecutive terms.
Mr. Bolon commented Code Enforcement issued 293 citations. The Violations Committee met on June 7th and heard 15 cases. Mr. Malek commented the property the Board asked the attorneys to look into ($60,000 in fines) is being sold at a tax sale. Barefoot Bay’s interests have been recorded in that case.
Ms. Howard commented the air hose situation at the Shopping Center was taken care of per her request.
Mr. Keegan commented the beach rest rooms need cleaning. The EPA restrictions on the pier rebuilding may impact what residents think the pier should look like. The pier will be 5 feet above high water, there will be no fish cleaning stations, no bait houses, storage, no vessels shall moor at the structure at any time, and no walls or enclosures.
Mr. Carillion had no report at this time.
Mr. Smith presented the June, 2006 golf committee meeting. Sign up sheets for a 9-Hole Couples league were posted on the Association bulletin board. The signs will be left in place so the snowbirds can have a chance to participate. Regular membership is 488. There are 14 associate members, and 1 summer membership. The new shutters on the pro shop will be painted the same green as the existing trim. It was noted that Golf contributes with user fees, while other facilities do not.
Mr. Bailey commented that for the week of 5/30/06 to 6/2/06, 25 work orders were written. 20 work orders were completed, and 5 are still open.
Ms. McCahan reported the silverware in the 19th Hole was upgraded.
Ms. Donahue thanked maintenance for removing the tennis court windscreens on schedule.
Ms. Weglein reported the new computer system, through April, including Mr. Torpy’s bill on the audit (through May) came to $135,583.05. Of that, there is $22,000 that has not been paid to the new computer company because Mr. Hunt is seeking a credit from the company. Ms. Weglein expects the audit to be presented at the June 27th meeting.
Mr. Bolon made reference to a letter he received about pool water temperatures at Pool 2. Ms. McCahan said the last time she swam there in the summer the water temperature was 86 degrees. Mr. Hunt responded the heaters are turned off in mid-May. This year the heaters were turned off as usual May 13th.
Mr. Carillion commented two alternates are needed for the Violation Committee. Ms. Weglein commented anyone who is interested please write a letter of interest to Mr. Hunt.
Ms. Howard received a letter concerning 200 Calico Court. Mr. Malek commented he would review the files with Mr. Austin.
Min Bolon asked if St. John’s Water Management had been contacted about the weirs. Mr. Hunt responded he had not contacted St. John’s. He had been told by the engineers that nothing would be done until the as builts were received. Frazier Engineering informed Mr. Hunt that when the as builts are sent to St. John’s it takes them a while to perform the review on site. Mr. Hunt described the new pier in response to Ms. Bolon’s question. Ms. Bolon asked if Frazier Engineering is under contract to the Bay. Mr. Hunt responded “only for two projects: the pier and the golf course maintenance building”. Mr. Hunt commented for the pools and the seawall, the District will use a different engineering firm. Ms. Bolon asked if Mr. Hunt held regular staff meetings. Mr. Hunt responded that he did not. Ms. Bolon asked about the safety equipment issue. Ms. Weglein commented employees are now wearing steel-toed shoes and safety belt braces. Hard hats and safety vest are available for those projects that require them. Safety films are being shown once a month. Ms. Bolon commented on the DOR mail out and returned to the issue of the postage meter. She feels that the District should apply for a postal permit for mailings.
Mr. Hunt replied to John Barry that the DOR amendments had been mailed May 16th. Mr. Barry presented an envelope postmarked May 31. Ms. Weglein suggested Mr. Barry talk to commissioner Voltz regarding overflowing drains. Ms. Weglein noted the date for returning the DOR ballots is June 30th.
Richard Bleau commented on the golf cart issue saying Brevard County planned to approve and ordinance Suntree wants passed allowing residents to use golf carts within their area. Brevard County is considering a similar change for Barefoot Bay.
Ms. Weglein requested Mr. Hunt to direct maintenance to place signs at all retention ponds saying DO NOT FEED THE ALLIGATORS!
Ms. Howard asked about vandalism with the security cameras. Mr. Hunt replied that the cameras are pushed aside when someone wants to swim after hours. The vandalism at the entrance was reported to the Sheriff because of the monetary damage involved.
Ms. Weglein entertained a motion to adjourn. Mr. Carillion made the motion to adjourn. Second Mr. Bailey. Motion carried unanimously. The meeting adjourned at 3:04 p.m.
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