Minutes for July 25, 2006
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DRAFT
Board of Trustees
Regular Meeting
Tuesday, July 25, 2006
7:00 p.m. – Building D&E
Madame Chairman Wilma Weglein called the meeting to order at 7:00 p.m.
Ms. Weglein led the Pledge of Allegiance.
Ms. McCahan called the roll. All Trustees were present. Mr. Malek was present as counsel.
Ms. Weglein requested a motion to approve the minutes of May 23, 2006. Ms. McCahan made the motion. Second Mr. Carillion. Ms. Weglein requested a correction: Mr. Bolon was excused from the May 25th meeting; Mr. Bailey seconded the adjournment. On page 4 of 6, correct the typo: “clear” panels, not “clean”. Motion carried as amended.
Ms. Donahue presented the treasurer’s report. [Exhibit A]
Mr. Hunt addressed Resolution 2006-03. This is the resolution the Board passes each year setting the monthly assessment fee. This year the fee is $672 annually, or $56 monthly, and is based on the budget the Board passed June 27, 2006. Staff recommends the resolution be passed. Ms. Weglein asked Ms. McCahan to read the resolution by title only.
Resolution 2006-03, a resolution of the Board of Trustees of the Barefoot Bay Recreation District, establishing an assessment of $672 for each improved residential lot within the said District to fund the 2006 and 2007 operating budget of the District; providing that the Board of Trustees of the District have selected the monthly installment method of collection of such an assessment as set forth in section 418-304 (4) (e2) Florida statutes; providing that said assessments shall be collected in monthly assessments of $56 each, beginning October 1, 2006; providing $47.25 for operations, providing an allocation of $7.75 reserved for capital improvements, and for an allocation of $1.00 of the monthly assessment for the exclusive use of maintaining, repairing, or replacing the District’s storm water systems; providing the delinquent fee of $10.00 per month or fraction thereof shall be imposed on any installment which is paid more than one month after the due date thereof; providing that such assessment shall be a valid lien upon each improved residential lot so assessed until such assessment and any delinquent fees thereon have been paid in full; providing for conflicts, and providing an effective date.
Richard Bleau asked if the budget had been published according to the Charter. Mr. Hunt responded the budget had been sent to the homeowners. If Mr. Bleau were referring to the financial statement, the auditors would deliver it August 11.
Richard Knight also commented on publishing the budget. Mr. Malek stated the resolution has been properly advertised in the newspaper and the Trustees can vote on it. Mr. Hunt commented Mr. Knight could obtain a copy of the newspaper publishing and copies of the documents sent to the homeowners. Ms. Weglein suggested Mr. Knight make and appointment with Mr. Hunt to talk about the budget.
Ms. Weglein entertained a motion to accept Resolution 2006-03. Mr. Smith made the motion. Second Mr. Carillion.
Ms. McCahan asked if the $7.75 reserve for capital improvements could be raised to $8.00. Mr. Hunt computed the $.25 a month would raise approximately $15,000. Ms. McCahan commented it was painful for the residents to pay $10 more a month when the assessment fee was raised. Mr. Bailey suggested the Board wait until next year since the assessment fee won’t be raised before then. Ms. Weglein entertained a vote. The Board concurred unanimously to return to this request in next year’s budget.
Ms. Weglein presented Mr. Bolon’s plaque, thanking him for his many years of service.
Kathleen Fortier spoke in support of the Veterans’ building.
Herman Otter commented on the process necessary to have the Veterans’ building become a reality. Mr. Otter thanked the Board for their participation.
Richard Bleau supported the Veterans’ building. Mr. Bleau referenced $4,500 in FEMA funds Mr. Hunt talked about on April 12th that were to be used for the greenhouse on Dottie Lane. Mr. Carillion commented the veterans had been given two years if they needed it, but could move on the motion more quickly if they wished.
Russ Heady commented he could not understand why anyone would be hostile to the veterans’ building.
Elizabeth Showers objects to the veterans building.
Ms. Weglein called for respect from the audience, whether they agree with the speaker or not.
Linda Sandt spoke for letting the snowbirds return to get their opinion of the veterans’ building.
Mr. Smith commented that the Kiwanis building, which was okayed by Avatar, set a precedent for the veterans’ building. Mr. Malek said he heard the word “precedent” used. He says a precedent has not been set. The Board can decide to lease land in one instance, and not in others. There is no precedent in this issue. The Board is free to do as it wishes.
Bruce Bolon commented most people don’t understand the Board cannot give anyone land. Anything that is erected on district property becomes District property. Mr. Bolon said the Board should not lease the vets land for a dollar a year. Mr. Malek said he was not sure what the Board was planning, but he thought the Board would not be giving away land. Mr. Smith commented the Kiwanis building was on District land, but the District did not own the building.
Mr. Bailey asked Mr. Malek for a legal opinion to clarify the issue for the residents. Mr. Malek commented that whether or not the Board wanted to handle this issue or send it out to referendum to gather the opinion of the people, it’s plausible either way and entirely up to the Board. Mr. Malek said he and Mr. Hunt would begin to put together language for a lease when the Board directed them to.
Mr. Hunt commented Frazier Engineering finished analyzing the maintenance building development comments from Brevard County. Mr. Hunt will distribute the package to the Board members “tomorrow” [July 26].
For canal cleaning costs, the bid is scheduled to be opened August 4th. There were 5 or 6 inquiries. Mr. Hunt is not sure if advertising in the Orlando Sentinel generated more than the usual number of bids.
Joe Walker, Chairman of the Barefoot Bay Veterans’ Council, made a presentation on behalf of the veterans.
Mr. Keegan made a motion that the veterans, at no cost to the District, and subject to a satisfactory lease agreement, be allowed to put their building on Veterans Way, at the site near Building F. Second Mr. Carillion.
Mr. Keegan suggested a workshop be scheduled to come up with a satisfactory lease agreement. Mr. Malek suggested a time frame for the lease, and language including that the Board must approve the lease. Mr. Carillion and Mr. Keegan feel the lease could be drawn and returned to the Board within a month in order to be ready for Veterans’ Day. Ms. Weglein requested detail on the building itself: make, model, size, condition, and is it hurricane proof. Mr. Keegan commented this information would come out at the lease meeting. The site that is staked out will not hinder the view from across Barefoot Boulevard. Ms. Donahue commented since the District would mow the veterans grass, there should be CAM charges for the veterans as well as everyone else who pays CAM charges for services rendered. Mr. Bailey commented the District has a potential improvement base Master Plan in place that the District has done a lot of work on and paid out money for. Mr. Bailey wants assurance the veterans building won’t interfere with the master plan in the future. Mr. Hunt responded that he and Mr. Torpy’s office could construct a lease that would answer all the questions. Mr. Hunt urged the Board to vote Mr. Keegan’s motion to instruct that the lease talks go forward with everybody’s knowledge that there are a lot of questions yet to be answered.
Ms. McCahan presented the expense of placing the veterans building in the commercial area next to the water and sewer building in light of what Brevard County would require. She asked if the flags could be hung in Building A the way they used to be, and perhaps cabinets could be built in Building A to contain the trophies. Ms. McCahan feels this kind of option would dissolve much of the contention regarding placing the building on the lake. Ms. Howard moved the question. Ms. Weglein entertained a vote.
Ms. Howard Yes Mr. Bailey abstained for the Master Plan.
Mr. Keegan Yes Ms. McCahan and Ms. Donahue were opposed.
Ms. Weglein Yes
Mr. Carillion Yes
Mr. Smith Yes Motion carried.
Mr. Carillion pointed out the District is the owner of the property. It is customary for the owner to pay for getting a lease prepared. Mr. Malek commented Mr. Hunt would be doing most of the work with only the usual attention paid to a lease by the Torpy Group, i.e., language that protects the Bay. Mr. Bailey requested an impact statement. Ms. Weglein and Mr. Bailey requested an existing copy of the master plan.
Mr. Carillion commented he and the ARCC seek the direction of the Board regarding the complaint about him sent to the Florida State Ethics Commission. The complaint charges Mr. Carillion with “misuse of power” through the ARCC. The Board of Trustees appoints the Trustee position on the ARCC. Mr. Carillion stated he appeared before the Brevard County Board of Adjustments to represent the ARCC’s version of recommended actions on a variance dated February 15, 2006. Mr. Carillion has appeared before the County’s board on a number of occasions. The residents applying for the variance asked Mr. Carillion to appear with them. Mr. Carillion stated that as a Trustee it is his job to help out residents and to conform to the DOR. The resident in question is 92 years old, and the Brevard Council on Aging requested the variances involving ramps. The County approved the variance for a 10-year period. If the current resident’s need for the ramp abates before the 10 years has run, the ramp will be removed. Some of the lots are only large enough for singlewide homes, which the DOR does not allow any more. Almost all of the newer replacement homes available are wider than the original development plans allow. This creates a real hardship for the residents, and many of them are seeking real help with the problem. Mr. Carillion stated Stephen Rice had made the complaint, and Min Bolon was mentioned as a co-complainant. Mr. Carillion asked the Board to vote on whether or not he should continue what he has been doing. He said there is absolutely no Trustee business conducted at any County or ARCC variance meeting.
Mr. Keegan made a motion stating that Mr. Carillion should “carry on” as usual in light of the complaint and Mr. Carillion’s letter of rebuttal. . Second Mr. Bailey.
Min Bolon stated she watched the County variance meeting on television. She contended Mr. Carillion represented the ARCC and the Board as a Trustee. Ms. Bolon agreed the gentleman is 92 years old, and it is a hardship. However, the house in question is misplaced on the lot, and the resident was told the house needed to be switched, but refused, which made the variance necessary. “The variance Board asked you directly, as a Board member on the ARCC, and as a Trustee what your recommendation was and you recommended for this to be granted when part of the people on that zoning board said, ‘But this man brought this on himself because he placed the home wrong’”. Ms. Bolon commented that at that point the county board went with Mr. Carillion’s recommendation and she feels it is this example that represents a violation of ethics.
Mr. Malek commented that if Mr. Keegan’s motion is passed, a letter from the Board to the ARCC restating the motion and the approval of the Board would be in order. Mr. Hunt could draft the letter and present it to Ms. Weglein for signature.
Motion carried unanimously.
Cameras are operational at Pool 3. The camera grid at Pool 1 is in progress.
Bussen and Mayer is scheduled to review their original report and the weirs in August.
Betty Lollio and Kathy Cavakillili from Seacoast Bank (formerly First National Bank) made a presentation. Mr. Hunt commented he wanted to schedule a workshop at a future date to discuss changing banks.
Mr. Carillion and Mr. Bailey will not be present for the Code Violation/DOR enforcement workshop on either August 17 or 28. The workshop is August 28 at 1 – 4 p.m. in Building D&E.
Ms. McCahan commented there was only one addition to the employee handbook and that was regarding a severance pay policy. Mr. Malek commented there were several issues about which the Trustees had concerns. The handbook workshop is scheduled on September 14th, 1 – 4 p.m., in Building D&E.
Mr. Malek offered Monday, July 31st at 2:00 p.m. or Tuesday, August 2nd at 3:00 p.m. for a Trustees special meeting concerning the audit. The Board chose July 31st at 2 p.m.
Mr. Malek commented the County Attorney’s office notified him communication has been set up between the Fire Department and the train conductor. The battalion chief has a direct line in case of emergency. If a train is on the tracks, it will be moved. Brevard County Emergency Management also has the number.
The auditor informed Mr. Malek that Mr. Hunt did provide the requested material.
Mr. Austin and Mr. Malek met on Monday, July 24th to review all the code violation cases the legal office currently has. Mr. Austin provided 10 additional cases from the Violations Committee. The legal office will present those during the workshop.
Mr. Malek provided the non-binding referendum for the amendments to the Charter language to Mr. Hunt [today]. Mr. Hunt and Mr. Malek will review it and give a copy to Ms. Voltz’s office “tomorrow afternoon.”
Mr. Malek and Mr. Hunt will work on the veterans’ building lease. Mr. Malek said his office was made aware of the ethics complaint against Mr. Carillion. The legal office will cooperate in the investigation with the Ethics Commission. Ms. McCahan asked what the substance of the complaint was. Mr. Malek responded that the statute cited requires that an elected official must have misused power “corruptly”. Mr. Malek did not believe the incident in question rises to that level, but it’s up to the Ethics Commission to decide.
Ms. Howard commented Restaurant 2002 decided to stay open another week. Mr. Hunt and the painting contractors are meeting tomorrow at 1:30 p.m. Next week Property Services personnel will stain the fence. There are 3 parties who have expressed interest in the post office space.
Mr. Keegan commented there will be a pre-construction meeting within the next couple of days.
Mr. Bailey urged residents to view before and after pictures of work that was done at the RV storage lot on Micco Road.
Jeanne Osborne asked that when the employee handbook workshop is held, the public be allowed to have input into it. She pointed out that many residents really care bout what happens to the District’s employees. Ms. Osborne also felt the community needs to be reminded that the residents own Barefoot Bay.
Robin Phillips and her son Zachary Reynolds presented a petition to allow youth 12-17 to play billiards at Pool 1 more often than the Friday, Saturday, and Sunday hours currently allowed. Ms. Phillips spoke with Mr. Hunt. Mr. Hunt responded the District is moving towards having the billiards room open to everybody. Ms. Phillips said she would sit with the youth and teach them how to take care of the billiards equipment and to monitor behavior.
Ms. Weglein commented money from swim parties for the kids that were held a couple of years ago was turned over to the Homeowners’ Association.
Zachary read a letter he prepared, and wishes to post on the bulletin board at Building A. He said if anyone wanted to contact him or his mother the number is 663-1334.
Ms. Weglein entertained a motion to adjourn. Mr. Carillion made the motion. Second Mr. Bailey. The meeting adjourned at 9 p.m.
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FAX: (772) 664-1928