Minutes for July 26, 2005
Back to Home Page
DRAFT
Board
of Trustees Regular Meeting
Tuesday,
July 26, 2005
7:00 p.m. – Building D&E
Chairman Bruce Bolon called the meeting to order at 7:00 p.m.
Mr. Bolon requested a moment of silent prayer for the astronauts on the shuttle launch today. Amen
Mr. Bolon led the Pledge of Allegiance.
Ms. Weglein called the roll. All Trustees were present. Mr. Torpy was present as counsel.
Mr. Bolon introduced Mr. Bleau’s request to address the Board. Mr. Bleau stated the meeting of June 13, 2005 was a legally advertised meeting. Mr. Bleau reiterated statements Mr. Helmerich made at that meeting and statements Mr. Malek made at a subsequent meeting that no criminal charges had been found. Mr. Bleau requested that Mr. Helmerich make a public apology to the Board. Mr. Helmerich responded that Mr. Bleau’s issue was not on the agenda and should be taken up at another time. Mr. Bleau asked Mr. Helmerich to step down as Trustee. Mr. Helmerich refused. Mr. Carillion requested to go on record that he agrees with Mr. Bleau.
Mr. Bolon entertained a motion to accept the minutes of June 28, 2005. Ms. Weglein made the motion to accept the minutes. Second Mr. Glashauser. Ms. Weglein requested the minutes be amended to read “by the time” at the bottom of page 4; “the money” on page 5; “mold not regulated” on page 13. Motion carried.
Mr. Bolon entertained a motion to accept the minutes of July 8, 2005. Mr. Bleau made the motion to accept the minutes. Second Ms. Weglein. Mr. Helmerich voted no. Mr. Bolon asked Mr. Helmerich what he objected to, but Mr. Helmerich did not respond. Mr. Bolon explained to Mr. Helmerich that if there was an objection, the Board member must say what the correction is. Mr. Bolon stated since the whole Board did not approve of the minutes they would have to be presented again at the next Board meeting.
Mr. Smith stated that all the bills are paid. Mr. Hunt commented the bank balances are in order. FEMA obligated 7 small claims this week for payment. If the Board approves the software package, the financials will move forward as well. Mr. Glashauser requested the financials be done manually. Mr. Hunt responded that he and Dan Morgan would work on manual computation.
Ted Firlein commented Barefoot Bay needs a strong Code Enforcement department. Mr. Firlein wants regular rotation Code Enforcement Board members and more involvement by the alternates.
Teddie McKay commented golf carts were using the walkway where the fences are not up yet around Egret and Tamarind. Mr. Hunt responded the fencing contractor is currently at the ball field and the tennis courts. Mr. Hunt agreed to speak with Mr. Kormondy about golf carts going where they shouldn’t.
Mr. Carillion asked if there were plans to insulate D&E and other buildings that needed it. Mr. Geer responded that D&E is 90% insulated. The insulation will be completed in house and the ceiling tiles replaced. The Lounge has a dropped ceiling that Mr. Geer said he would investigate. FEMA replaced the ceiling tiles, the District performed the remodel.
Florida statutes require 21 days advance notice for the date and time of the meeting the Board will be setting the assessment fee. The Board could set the fee higher or lower. The Charter does not give any guidance on the matter, and Mr. Torpy adhered to his opinion that it was better not to raise the fees higher than anticipated.
Mr. Carillion commented that the manufacturer has been paid for all homes brought into Barefoot Bay by Scott Built. There have been problems with some of the other dealerships. Mr. Torpy commented that since Mr. Carillion first broached the problem, the situation has improved. Residents should work through Onie Massey of Brevard County contractor licensing.
A. Engineering Services for the Golf Course Maintenance Building: Frazier Engineering
Mr. Hunt commented that the district will need a survey and a site plan with engineering requirements as they relate to ADA and wind damage regulations. Although Mr. Hunt considers the bid a bit high at $20,900, Frazier can bring the project in within budget.
Mr. Glashauser made the motion to accept the Frazier bid and move forward. Second Ms. Weglein.
Mr. Bleau requested that the payout be done in increments. Mr. Hunt commented the District could commission the survey and site plan, then bid the process to ascertain if [we] need structural engineering to go with the building. That determination can be made at the bid opening. Mr. Glashauser amended his motion to include the incremental payout. Second Ms. Weglein. Mr. Bolon moved the question. Motion carried.
B. Mr. Bolon requested Ms. Weglein to read Resolution 05-06 by title.
A resolution of the Board of Trustees of
the Barefoot Bay Recreation District establishing an assessment of $672.00 for each
improved residential lot within the said District to fund the 2005-06 operating budget of
the District; providing that the Board of Trustees of the District has selected the
monthly installment method of collection for such an assessment as set forth in section
418.304 (4)(e) 2, Florida statutes; providing that said assessment shall be collected in
monthly installments of $56.00 each beginning October 1, 2005; providing $46.00 for
operations, allocation of $9.00 reserved for capital improvements and for the allocation
of $1.00 of the monthly assessment for the exclusive use in maintaining, repairing or
replacing the District’s storm water systems; providing that a 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 said 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; providing an
effective date.
Mr. Glashauser made the motion to accept Resolution 05-06. Second Mr. Bailey. Mr. Bolon moved the question. Motion carried.
Mr. Carillion requested that his 5 special interest projects be placed on the agenda for the August 12th meeting.
C. Code Enforcement Discussion
Mr. Torpy commented that initially the District’s Code Enforcement unit was very effective. Now the Bay is trying to get back on track after devastating hurricanes. Recently there have been training sessions for field personnel. There is a balancing act going on between an individual’s lawful property rights and the District’s Deed of Restrictions, so code enforcement must be methodical. The Code Enforcement Board are judges. They don’t work for the Board of Trustees. By definition they are a neutral group that listens to cases presented to them by District staff. The Code Board is limited to listening to respondents, determining a violation, and setting a fine. That is all the Code Enforcement Board can do. It is the Trustee Board that collects the fines. If a respondent ignores the Code Enforcement Board, the problem comes back to the Trustees Board. The Code Enforcement Board is working effectively; the whole process is working effectively. The thought of going before the Code Enforcement Board usually effects compliance in 95% of cases. The only alternative to Code Enforcement is lawsuits. Ultimately the responsibility to enforce order comes back to the Trustees Board.
Ms. McCahan asked if the Brevard County codes supersede the Deed of Restrictions. Mr. Torpy replied that if the DOR were to conflict with County regulations, the County code would take precedent over the DOR. Brevard County has no authority to enforce the DOR. The DOR covenants and restrictions were created by private contract and are aesthetically oriented. The County has stepped in and helped when the issues were within their jurisdiction.
Mr. Hunt commented on the 48-page code enforcement synopsis of cases he presented to the Board. Mr. Hunt has identified an individual to be hired as Code Enforcement director. Mr. Hunt will not be filling the vacant field officer position. 19 properties involving significant hurricane damage were turned over to the County. Mr. Bleau commented on the last Code Enforcement meeting and the alleged lack of a quorum. Mr. Hunt responded that some of the Code Board members had related to him and to the attorney that historically the Code Board preferred not to operate with only four members although statutes state that four members are a quorum. Mr. Bleau commented 706 tickets and 593 violations are closed, 113 violations are still open. Mr. Hunt responded that the “closed” in the closed column indicates the cases have complied. There are some significant fines running on individuals who have chosen to ignore the process. Mr. Hunt reinstituted lot mows, and those property owners will be billed $100.00 for the mowing. Mr. Bleau commented he thought only 113 violations still open since January was good work. Ms. Weglein commented that four or more members make a quorum on the Code Board. She stated the purpose of the Code Board is to get people into compliance. She urged the Board of Trustees to redefine the Code Board so there could be some turnover to give new people a chance to sit on that Board. Ms. Weglein asked Mr. Hunt if the Code Enforcement Director’s position had been advertised. Mr. Hunt responded that it had not. Mr. Carillion commented the new Code Board director is currently sitting as a board member and his attendance leaves much to be desired. Ms. Weglein desires that the ARCC and Code Board become two separate entities. Mr. Carillion and Mr. Glashauser concurred. Mr. Glashauser commented the Code director’s job should be advertised. Mr. Hunt said he had no problem with advertising this position. Ms. McCahan read a prepared statement regarding her concerns regarding Code Enforcement. (Addendum 1).
Mr. Bolon stated when the Board of Trustees created the Code Enforcement Board in July 2000 the Trustees set term limits of 1 year, 2 years, and 3 years. It was up to the Code Board to police themselves after that, to come to the Board of Trustees when they needed more Board members and alternates. On the ARCC there is a member of the Board of Trustees. That person advises the Board when more people are needed.
Mr. Torpy commented the ARCC and the Code Board are separate. The ARCC issues permits, and sometimes the residents build something other than what the ARCC approved. At that point it is turned over to Code Enforcement. The problem is going to get bigger when, in a few months, folks are still not in compliance with the DOR. The Board has stated it desires to keep Barefoot Bay a quality community. In that light the DOR must be enforced. Mr. Torpy endorsed Ms. McCahan’s request for a workshop.
Mr. Bolon praised the Code Enforcement department as doing “ a heck of a job” in tight quarters. Ms. McCahan requested a monthly newspaper article be written in the Press Journal and in the Tattler under the heading “Did You Know In Barefoot Bay”. The content should be a Code or an ARCC discussion. Mr. Carillion requested a second computer be installed in the Code Enforcement office.
Mr. Helmerich commented Mr. Hunt should give consideration to residents of the Bay first when jobs become available by posting the job on the bulletin board near Building A. If there are no qualified applicants, then advertise in a newspaper. Mr. Glashauser commented Mr. Hunt has the obligation to advertise simultaneously in both venues. Mr. Bailey and Mr. Bolon concurred that Mr. Hunt had been hired as Community Manager and the Board is paying him to do the job, so let him do it. Mr. Carillion suggested it might be a good idea to wait on the Code Enforcement workshop until the new director could be present.
SAGE Software has completed an on-site demonstration of the proposed
financial software package. The purchase price of $21,000 is within budget. Implementing
the software package would cost an additional $21,460 for installation, data conversion
and training which would necessitate finding $18,000 to complete the project. Mr. Smith
made the motion to accept the software package as described by the Community
Manager. Second Mr. Bailey. Ms.
Weglein commented the difference between the cost and the budgeted amount is $17,700. Mr.
Hunt responded that was the maximum. He hopes
to cut the training hours down and save money. Mr. Bolon moved the question. Motion carried.
Ms. Weglein requested the cost of the investigation. Mr. Hunt responded it was $2,681.
Ms. Weglein commented she looked at the files on Crystal Bay. They have permits for three sections. One is for a 50-acre preserve. Crystal Bay will begin presale in January 2006. The second section will feature lots for houses. The third section is a small recreation area. The Commissioners will be meeting regarding Micco Farms, the 750 acres, on August 4th in Viera. Please meet the carpool at Building A if you wish to attend the meeting. This is the rezoning meeting. The Commissioners have approved the ambulance fee charge which will begin in 2006. Mr. Carillion asked why the Bay would have to pay for a volunteer ambulance. Ms. Weglein responded that paid EMT’s ride the ambulance, and the volunteers come along.
Mr. Helmerich urged the Board to consider surveying and obtaining site plans on District properties for which no surveys or site plans are currently available. Mr. Bolon suggested Mr. Helmerich discuss that with Mr. Hunt. Mr. Bleau asked to be excused.
Ms. McCahan commented on a group in Kissimmee who are planning “highways and byways” with intent to put an interchange on Micco Road. Ms. Weglein commented she was aware the planning people wanted to build the interchange on the east side only which would dump into Palm Bay rather than Barefoot Bay. Mr. Bolon and Mr. Hunt met with Dick Martins of the County Road department in Viera regarding the flooding on Barefoot Circle and Amaryllis Drive. Mr. Helmerich urged the Board to contract with a vacuum truck to clean out storm drains and haul away the debris and sludge. Mr. Bolon commented that the County should take care of county roads.
Mr. Smith reminded the Board that in the rules and regulations the Trustees are to address the Chairperson not each other. Mr. Carillion made a motion to get the fountains going at the entrance to Barefoot Bay. There was no second. Mr. Bolon responded he and Mr. Hunt had discussed with the County who owns what at the entrance to Barefoot Bay, and no motion was needed to do the work.
Elizabeth Showers suggested filling in the step up lip to the pool bathrooms to accommodate wheelchair access. Mr. Bolon agreed to have it looked into tomorrow.
Ms. Showers asked about the number of members on the Trustees Board [reference the Baenziger report from the Tattler]. Mr. Bolon responded the issue would have to go to referendum [because of the Charter.] Mr. Hunt will bring the amended proposed Charter to the two meetings in August. It will be properly advertised and there will be public hearings. At the meeting of August 26th, Mr. Hunt will ask for the Board’s direction regarding putting the charter on the ballot for referendum. It will involve education, publicity, mailing copies to residents, and costs associated with the referendum. Should the residents approve it, the District must lobby the State of Florida in order for them to change the appropriate ordinances to put it into effect. Ms. Showers urged the Board to reinstate music on Wednesday nights at the Lounge. Mr. Hunt responded that on average the Lounge loses $100.00 every Wednesday night. He offered to work with Ms. Showers to identify the people who will “pack the joint” during July, August and September. Perhaps the District can work something out. Mr. Helmerich suggested a trial period of allowing smoking in the Lounge.
Jeanne Osborne commented that the road-planning program on TV was the MPO meeting. She commented the District can go to referendum without an election; the District has run its own elections in the past when necessary. Ms. Osborne suggested the ARCC and Code Enforcement each should have their own office space and personnel, perhaps taking one employee over to ARCC. Ms. McCahan commented that one employee could not do the work ARCC requires in a week. Ms. Showers praised the work Code Enforcement and ARCC are doing, and asked why staff was being reduced. Mr. Hunt responded the District was changing positions, not cutting staff.
Nancy Eisele asked if the Charter amendments would be voted on as a whole or section by section. Mr. Bolon responded it would probably be section by section. Ms. Eisele asked why the canals weren’t clean? Mr. Hunt responded that he and Mr. Bolon discussed this at the County level [yesterday]. The County utilities department opened the weirs during the rains of April, May and June. Stormwater was overwhelming their facilities. The canals affect the regulatory agencies, low water allows growth, and it escalates costs to the District for spraying and dredging. The County agreed to allow the District to control the weirs. Mr. Hunt granted the County permission to effect all the repairs they need to make. The weirs will close again on Friday and stay closed until further notice. The District will return water levels to approximately 16’8”. Mr. Smith commented the County responded quickly to his request to clean the swale ditch behind his house. He praised Mr. Hunt for the work he is doing.
Mr. Bolon commented that part of the conversation with the County concerned Crystal Bay [now the Savannah Club] hooking their sewer system into Barefoot Bay.
Ms. Weglein urged that once the Charter meetings are finished, she would like the Board to take another look at the Deed of Restrictions. This would benefit Code Enforcement, ARCC, and the residents. Mr. Bolon commented that in the meantime, [we] need to enforce what we have.
Mr. Bolon adjourned the meeting at 9:07 p.m.
PHONE: (772) 664-3141
FAX: (772) 664-1928