Minutes for July 8, 2005
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DRAFT
Board
of Trustees Regular Meeting
Friday,
July 8, 2005
1:00 p.m. – Building D&E
Chairman Bruce Bolon called the meeting to order at 1:00 p.m.
Mr. Bolon requested a moment of silent prayer. Amen
Mr. Bolon led the Pledge of Allegiance.
Ms. Weglein called the roll. All Trustees were present. Mr. Malek was present as counsel.
Mr. Bolon entertained a motion to accept the minutes of June 13, 2005. Mr. Glashauser made the motion to accept the minutes. Second Mr. Bleau. Motion carried.
Mr. Bolon entertained a motion to accept the minutes of June 20, 2005. Mr. Glashauser made the motion to accept the minutes. Second Mr. Bleau. Motion carried.
Mr. Smith commented the cost of a new financial accounting package is approximately $7,000. The District is looking at vendors.
Mr. Helmerich nominated Joseph Klosky to fill the vacant seat on the Board of Trustees. Second Mr. Glashauser.
Mr. Bolon commented the three candidates would come to the podium to speak for 5 minutes. The Board would interview them prior to voting. Ms. Weglein drew Mr. Klosky’s name.
Joseph Klosky commented he applied for a seat on the Board to serve the residents of Barefoot Bay.
Mr. Bolon: I have one question. How do you feel about the Deed of Restrictions?
Mr. Klosky: I think they’re the way they should be. I did read on ‘em and I think they’re okay.
Mr. Bolon: And they should be enforced?
Mr. Klosky: I would say so, yes.
Mr. Carillion: It’s interesting that you did read the Deed of Restrictions. There’s also a Deed of Restrictions that Brevard County has. In the Brevard County Deed of Restrictions I believe there’s a limit on garage sales. How do you feel about that?
Mr. Klosky: I
don’t know what the set limit is for Barefoot Bay . . .. I don’t think there is
a set limit in Barefoot Bay. In Brevard County . . . .in some places . . . they do have a
limit of 2 or 3 garage sales.
Mr. Carillion:
And you believe
that should be strictly followed, am I correct?
Mr. Klosky:
Yes.
Mr. Bolon:
Thank you, sir.
Ms. Weglein drew Mr. Pandiscio’s
name. Mr. Helmerich commented that Mr. Pandiscio had contacted him to say he was no longer
interested. Ms. Weglein drew Sue McCahan’s name.
Sue McCahan:
Ms. McCahan read her letter of application to the Board. [Addendum I]
Mr. Helmerich:
Do you believe there should be any changes in the Bay . . . . .
in the way the Board of Trustees work together, or possibly not together? I’d like
your opinion on . . . . do you believe we
should have changes as opposed to what we have going right now.
Ms. McCahan:
Do you
mean the number of Board members and that kind of stuff?
Mr. Helmerich:
No, just changes
in the Bay and how we’re running things.
Ms. McCahan:
I don’t
know how to answer that. It is not specific . . . everything changes all the time. I do
believe having fewer members is going to be more efficient. I do believe that . . . .. but I don’t know what you mean by
change. I’ll be happy to answer your question if you give me a specific one.
Mr. Helmerich:
I basically have
to say overall changes . . .. .overall . . .just overall changes. Do you feel the Board is
working together as a whole?
Ms. McCahan:
For the
most part, yes.
Mr. Helmerich:
Or do you feel
the Board is not working together as a whole? That is one item.
Ms. McCahan:
I believe
most of the Board members try to cooperate with other and respect each other greatly. And
I think they do a good job of it. I think there’re a couple who some things that are
questionable.
Mr. Helmerich:
And your
position on the Sunshine Laws? Can you give me your opinion?
Ms. McCahan:
On the Sunshine
Laws? That all conversations between Board members should be in open meetings and not
privately? It’s the law. You have to abide by that.
Mr. Helmerich:
Ok. I have nothing further at this time.
Mr. Bailey:
If there is an unpopular issue that Trustees have to
deal with, although it may seem unpopular, our job is to deal the popular and unpopular
issues. Would you have any compulsions about going against the grain to do the job that
you would be called upon to do?
Ms. McCahan:
Thank you
for asking that because that is one of my pet peeves about most boards. When you get on a
board, you become possessive of your position to the expense of your position, sometimes.
This budget thing has been one of those times when you think . . .. . . well, [it appeared] the Board got a
little intimidated last week by people yelling from the audience and stuff like that. If
you’re going to take this job, you’re going to have to vote your conscience, and
sometimes your conscience is going to leave you on the outside looking in and that’s
the way that works.
Mr. Bolon:
Thank you. Any
others? Thank you, Ms. McCahan.
Mr. Bolon commented that Mr.
Helmerich had a motion on the floor to nominate Mr. Klosky, seconded by Mr. Glashauser. He
asked if there were any other nominations.
Mr. Carillion nominated Sue McCahan. Second Mr. Bailey.
The recording secretary distributed
and collected ballots, reading them as they were opened. Ms. McCahan won 6-2. Mr. Malek
administered the oath of office and Ms. McCahan was seated on the Board of Trustees.
Mr. Bolon invited Bob Lay, Brevard County Director of Budgets and Management, and Mary Bolin, Special Needs Coordinator, to speak on hurricane preparation. Mr. Lay commented that all the hurricanes shelters approved last year still meet requirements. Barefoot Bay has 151 residents signed up on the special needs registry. County Commissioners provided $56,000 in funding to ensure medical supplies would be available at the shelters. Health First, Wuesthoff and Parrish hospitals help in hosting certain aspects of the enhanced care shelters. Mr. Lay stressed that residents must sign up for the special needs program. Those on the registry will be picked up at home. Residents not on the registry will be picked up at Building A. The website is embrevard.com The website contains a special needs application. Applications and brochures will be available in the administration office, Building F, in Barefoot Bay.
Mr. Glashauser asked where the people should sign up and the phone number. Mr. Lay responded the county emergency numbers are on page 52 in the regular phone book. Residents may register by phone at the Brevard County emergency management office.
Mr. Smith requested that Mr. Lay explain why Building A could not be used as a hurricane shelter. Mr. Lay responded it would cost approximately $500,000 to upgrade Building A to hurricane specifications. Building A would shelter only 400-500 people.
Mary Bolin provided the phone number of the Office of Emergency Management: (321) 637-4088. Applications may also be obtained at Building F in Barefoot Bay. Ms. McCahan commented July 22nd there will be 2 hurricane planning sessions in Building A. Ms. McCahan asked if the county representatives could be present to ensure that essentials were covered, and pointed out Mr. Bleau as the Bay’s emergency coordinator.
Ms. Bolin clarified that although 151 residents were currently registered in the special needs program, many more residents probably need to, and they need to now. Ms. Bolin commented that 773 residents who didn’t think they’d want to evacuate phoned in at the last minute before the hurricanes last year. SCAT must plan for these people, and it is much more efficient if they have time to plan routes, shelter capacities, et cetera. It takes approximately 14 hours to collect and drop off everyone who needs transportation.
Mr. Bleau commented residents with animals need to provide for them well in advance of need. Only service animals are permitted in shelters. Mr. Lay responded the County would help residents with animal shelter arrangements with advance notice.
Joe Savalli requested relief from the ARCC (or possibly Code Enforcement) for a widow who lives across the street from him on 833 Lychee Drive. Mr. Bolon suggested Mr. Savalli appeal through ARCC or speak with Mr. Hunt. Mr. Savalli commented that the corner of Midway and Micco Road needs attention.
A. Mr. Bolon asked Mr. Hunt to comment on the fence contract. Mr. Hunt responded that Mr. Geer has met with the fencing contractor. The starting point is the golf course maintenance facility.
B. National Roofing is performing minor corrections at the Shopping Center. They have not satisfied the District, and they haven’t been paid.
C. Notice to Proceed was issued June 29, 2005 to SKHC Corporation. They have mobilized and started on the first weir.
D. The District is attempting to contact the mold mitigation contractor to initiate discussions. The issue will be brought back to the June 26th meeting.
E. Mr. Hunt requested the Board note the Florida League of Cities loan has been reduced from $2 million to $1 million.
Mr. Bolon requested Ms. Weglein to read resolution 2005-02 by title.
A Resolution authorizing participation in
the Florida League of Cities/ Bank of America NA disaster relief loan program. Authorizing
a line of credit. Approving the form of , and authorizing the execution of, a promissory
note and a loan agreement with Bank of America NA and providing an effective date.
Mr. Bolon entertained a motion to accept the resolution. Mr. Bleau made the motion to accept. Second Mr. Smith.
Mr. Bolon commented the loan must be paid back
in 2 years. Mr. Hunt responded this is a short-term loan primarily for hurricane related
damage. Mr. Glashauser commented he was still opposed to the Section 7 language in the
loan application, and therefore cannot endorse the loan. Mr. Bleau referred to Mr. Torpy’s
explanation that Bank of America would not accept changes in the language of the loan
application. Motion carried. Mr. Glashauser voted no.
Pier Reconstruction Engineering Services Contract: Mr. Hunt explained this is the first of several engineering contracts the District will bring in response to the hurricane recovery. This one is for Frazier Engineering and is within the $25,000 budget allocation for this project. Mr. Hunt urged the Board to approve it.
Mr. Bailey made the motion to accept. Second Mr. Bleau.
Ms. McCahan asked if drawings had been done
previously or is this the first stage? Mr. Hunt explained this is the first stage and will
produce the engineering drawings that the contractor will use to construct the new pier.
Ms. McCahan is in favor the of the T-pier configuration. Mr. Hunt commented the District
has a submerged lands lease that does not allow building out in the T formation. Mr.
Carillion wanted to know if the District could use the drawings from the previous pier,
which wasn’t very old. Mr. Hunt responded those drawings had been given to Frazier.
FEMA’s mitigation plan calls for raising the new pier 5 feet which necessitates new
drawings. Mr. Bolon moved the question. Motion carried.
Mr. Hunt offered no report at this time. Mr. Bleau commented there was no insulation in the new roof of D&E which means the room is losing air conditioning. Mr. Hunt responded that the District would be able to install insulation in-house. Mr. Carillion commented there was no insulation in the lounge, either.
Mr. Malek passed a report from the Brevard County Sheriff’s department to the Board.
Mr. Malek: Mr. Chair, based on the investigation that was conducted into the allegations of theft on the Board, it has been determined that no crime has taken place, and that no criminal activity has taken place. It’s our recommendation that there is no need to proceed any further with this investigation.
Mr. Bolon: So I can be accused of theft and not be able to do anything about it then, is that correct? Because I am a public official.
Mr. Malek: Sir, based on the investigation, the investigation was conducted and there’s been no foundation of criminal theft that the investigator can find.
Mr. Bolon: I agree there wasn’t any, but we’ve been accused of that.
Mr. Malek: That’s correct, Sir.
Mr. Bolon: So what’s our recourse?
Mr. Malek: The investigation’s closed. I think we move forward now and conduct the business of Barefoot Bay.
Mr. Bolon: How do we file a misfeasance/malfeasance?
Mr. Malek: I would have to look into that, Mr. Chair. Are you asking us to look into filing a misfeasance/malfeasance complaint?
Mr. Bolon: That’s correct. You know, I can take a lot. But when I have to take this . . . I go down to the grocery store or someplace like that, someone comes up to me and says, “Oh, you’re from Barefoot Bay” . . .these people read articles in the paper, see things on television . . . . .I just don’t know how much we should have to put up with before it becomes libel.
Mr. Malek: Mr. Chair, you are a public official and unfortunately there are critics out there. Sometimes these things get taken too far, but thankfully the Brevard County Sheriff’s office was able to quickly and rapidly conduct this investigation for us and determine there is no criminal theft. So anyone who’s watching and may have heard those comments earlier, should also be watching today and understand that after the investigation, it’s been determined there has been no criminal activity.
Mr. Bolon: I understand that, and I knew there wouldn’t be any found, but this is likely to raise its head again next week, and then we can all go through the process [again].
Mr. Malek: And at that time we can conduct another investigation and make sure all is well.
Mr. Bolon: Well, most of us will just consider the source and move on, but we’ll see where it goes.
Mr. Carillion asked Mr. Hunt what the investigation cost the District. Mr. Hunt responded that offhand he didn’t have the figures, but would bring them back to the next meeting.
Mr. Bolon abolished all designee functions. ARCC and Ms. Weglein, who may pursue legislative interests, are covered in the Charter and will remain the same. Anyone who wishes to speak with Mr. Hunt about any thing may do so. Mr. Bolon reiterated that under “the new system”, he would not appoint any designees to any special area. Mr. Bailey suggested that concerns be submitted to Mr. Hunt in writing to make a record.
Ms. Weglein reported that on July 12th there will be an important County Commission meeting which will decide a charter amendment regarding annexation. The amendment states that whenever a city in Brevard County wants to annex a tract of land that the citizens living near this annexation, and who will be affected by it, will be allowed to vote on said annexation. On July 13th in Building A Commissioner Helen Voltz will discuss the 760 acres on Micco Road regarding the development. On August 4th there will be a meeting on Micco Farms rezoning. Ms. Weglein reported that the County and DEP have given approval to Crystal Bay for Phases 1,2 & 3 of 10 phases. There will be 533 manufactured homes. Dick Martins of the water and sewer department informed Ms. Weglein Crystal Bay had 3 permits from the County and the State. They will install a pump station in Crystal Bay as well as one in Barefoot Bay which will hook into the Bay’s sewer system. Crystal Bay has permission to dry line pipes for 65 units plus a clubhouse eventually hooking into Barefoot Bay’s water system. Barefoot Bay’s water system is currently at capacity. All of the costs will be borne by Crystal Bay. DEP is monitoring the area Crystal Bay is forbidden to disturb which contains scrub jay habitat.
Mr. Carillion commented on an old agreement with Ron Abbott concerning water for his condo project in return for land granted to the County. Mr. Carillion feels it would be a good idea to look into this old arrangement. Mr. Bolon is concerned that the District has a problem already with canal and weir levels which will not be helped when Crystal Bay begins pumping their water through our infrastructure. Mr. Bolon suggested contacting the County regarding why Barefoot Bay wasn’t notified about the reissuing of Crystal Bay’s permits.
Mr. Carillion cautioned residents not pay anyone for their homes until the closing at the title company. Manufactured home dealers order the homes from manufacturers. Until the dealer pays for the home, it belongs to the manufacturer. If an unscrupulous dealer collects for the home from a resident and then absconds with the money, the resident is left holding the bag with no house if the manufacturer takes it back.
Ms. McCahan commented on charging for ARCC permits based on how much it costs to produce them. Mr. Hunt responded the cost is approximately $7.25 a permit to produce. Over 3,000 permits have been issued since the hurricanes. Ms. McCahan would like to see this issue on an agenda.
Mr. Bleau announced a Hurricane prep workshop on July 22nd from 10-12 and from 2-4 in Building A.
Mr. Glashauser congratulated Mr. & Mrs. Hunt on recently celebrating 30 years of marriage.
Jeanne Osborne asked if the investigation was complete with no substantiated charges? Mr. Malek said the investigation has been completed and there is no criminal activity. Ms. Osborne feels Mr. Bolon’s name has been bandied about and she doesn’t want to see it dropped. Ms. Osborne feels a public apology by Mr. Helmerich is in order. Ms. Osborne commented that whatever attorney’s fees were incurred by this false allegation should be paid by Mr. Helmerich and not the citizens of Barefoot Bay.
Elizabeth Showers: The lights outside Building D&E are out. Mr. Bolon commented the little lights are on all day long. Perhaps the timers need to be checked.
Mr. Bolon entertained a motion to adjourn. Mr. Bleau made the motion to adjourn. Second Mr. Glashauser. The meeting adjourned at 2:25 p.m.
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