Minutes for July 24, 2007
Back to Home Page
DRAFT
Board of Trustees
Regular Meeting
Tuesday, July 24, 2007
7:00 p.m. – Building D&E
The Barefoot Bay Recreation District held a regular meeting on July 24, 2007 in Building D&E, Barefoot Bay, Florida. Vice-Chairperson Wilma Weglein called the meeting to order at 7:00 p.m.
Ms. Weglein paraphrased words from a song that has woven through her life: “Let there be peace on earth.” That’s very important for our country and for all of us. The second part says “Let it begin with me.” Ms. Weglein feels that means “let it begin with us.” All of us. Always focus on the front windshield and not on the rear view mirror. Ms. Weglein requested a prayer for all our servicemen where ever they may be serving, and all of our veterans.
Ms. Weglein led the Pledge.
Ms. McCahan called the roll. Mr. Keegan was excused. Mr. Repperger was present as counsel.
Ms. Weglein explained there would be no minutes at this meeting because the Recording Secretary had been on vacation.
Ms. Donahue read the Treasurer’s report; account balances as of 7/24/07. (Attached for reference.) Mr. Bleau made a motion to accept the report as presented. Second Ms. Crouse. Motion carried unanimously.
Ms. Weglein advised the audience Lt. MacKenzie was in attendance. She said, “If the crowd gets rowdy on either side of this table, they will be going out that door.”
Mr. Repperger spoke regarding the official powers of the Board under the Charter with reference to official action taken. The specific language under Article V, Section I, provides “except as other wise provided in this Charter no action of the Board of Trustees shall be taken except on a vote of the majority of the entire membership of the Board.” The majority of the Board shall also constitute a quorum for the official conduct of business by the Board. Although Mr. Repperger does not believe that a formal opinion has been given to this Board regarding the interpretation of that language, that section was recently brought to [our] attention and it is the opinion of the Gray Robinson firm that the language that is provided there means the law should be construed by counting the whole membership of the body in question. In order for the Board to take affirmative action on any item, a requirement of a 5 member vote exists, whether members are absent or abstaining. Mr. Repperger said he is not sure about the legal effect of any actions taken by the Board previously where this interpretation may not have been applied. This is an issue that will have to be addressed in the “coming weeks as we move forward”.
After the meetings of July 13th and 24th, Mr. Repperger felt it was necessary to provide a memorandum regarding civility.” (Attached for reference.) Mr. Repperger urged the Board to keep it in mind.
Walter Meyer spoke for the job Grace has done financially and throughout the Bay. Mr. Meyer said he spoke with Mr. Repperger, the (Brevard County) District Attorney, and the Governor’s office regarding malfeasance on the part of certain Board members. Mr. Meyer objected to the meeting agenda being known “on the street”, before it’s printed, through telephone calls to Lamaur (Stancil of the Press Journal).
Sandy Meyer stated the residents are totally tired of the way the Board has been acting and operating. She took issue with the Board over the “disharmony” portrayed on television.
Marguerite Gotsch wants Ms. Daddario to change her mind and rescind her resignation.
Jeanne Osborne gave the definition of a special district: a local government of special purpose authorized by Chapter 418.30 and affirmed by Chapter 189 of the Florida Statutes. On February 29, 1984 we were chartered by Brevard County after voting to go ahead and become a special district. It was overwhelming that the people here in the Bay wanted the District to do the business of the Bay. There has been “a lot of loose talk about abolishment” of this Board. The only way in which you may be abolished is by an election called by the Board of Trustees and then voted upon by the qualified electors here in Barefoot Bay. One of the caveats is that there can be no indebtedness if and when the District is abolished. Any change in management of this Bay can be done by your Rules. You have adopted by resolution a set of Rules by which you are governed. This is not the Charter. Article VIII, Section I, talking about the employment of the Community Manager, amendments may be introduced in writing by any Trustee; a copy of any amendment shall be posted by the Secretary of the Board on the official bulletin board at least 5 days prior to the next regularly scheduled meeting of the Board. Ms. Osborne said the Board needs to listen to its citizens and carefully explore its options.
Elizabeth Showers called Mr. Ferris’s comments in the Press Journal regarding Ms. Daddario “inconceivable and tactless”. Ms. Showers called recent unfounded allegations “unacceptable”.
Mr. Ferris requested an agenda item be added: to make some kind of determination “tonight” as to [our] search for a new Manager. Becomes “C” under Unfinished Business.
Ms. Weglein said that on December 8, 2006 Mr. Allan made a motion saying any Trustee has a right to add one agenda item per meeting, and once [we’ve] done that, [we] should give no more than a five minute presentation and then there should be a motion for action or to send that agenda to a workshop or to table that item to the next meeting. The motion carried with 7 yes, 1 no. Policy was written there. One agenda item can be added per meeting. Mr. Allan said the motion he made doesn’t preclude adding more than one agenda item if time warrants. Ms. Weglein asked why Mr. Allan hadn’t stated his motion differently. Mr. Allan reiterated that his intention was to make it possible to get an item on the agenda, and it came about that has to be done at a meeting. He wanted to open an opportunity to be heard, to have each Trustee to be able to add an item. Ms. Weglein objected to a Trustee adding more than one item.
Mr. Ferris gave his reasons for wanting Ms. Daddario permanently removed from Building F as of tomorrow: 1.) Ms. Daddario has removed herself as signatory from the bank which prevents her from signing checks; 2.) She will not attend any more District meetings per her request; 3.) Ms. Daddario already stated she has competent people in place to run the Bay; 4.) Finally, Ms. Daddario failed to answer [my] question concerning the article placed in the Press Journal on July 4th. Mr. Ferris moved that all keys will be returned and that Grace Daddario’s personal belongings will be removed by tomorrow morning, July 25th, at 11:00 a.m. Second Mr. Allan.
Ms. Donahue disagreed. Mr. Repperger referenced Section 10 and 10.1 of the Community Manager’s contract regarding compensation (attached for reference). Ms. McCahan questioned the motive for the Board’s action. Mr. Repperger commented Ms. Daddario had volunteered to help during the transition period. There are a number of issues in progress that Ms. Daddario has knowledge of and “it might e more difficult with her out of the office”. Ms. Weglein said she thought “we’d be spiting ourselves” to release Ms. Daddario at this time when there is a period of two weeks left; she reminded the Board that none of them could step into the Community Manager’s office and do the work. Mr. Bleau said he received notice from Ms. Daddario saying she had given her resignation to Mr. Keegan and a couple of days later it appeared in the Press Journal. Today Ms. Daddario said she’d “stay on”; Mr. Bleau seemed to feel some leeway should be given Ms. Daddario based on the Board’s own actions. The he moved the question.
Ms. Weglein asked the Recording Secretary to repeat the motion. “Mr. Ferris made a motion to remove Grace Daddario by tomorrow morning, which would be Wednesday morning at 11 a.m. Mr. Allan seconded the motion, then discussion ensued, which is where it is now.” Ms. Weglein asked Ms. McCahan to poll the Board.
Mr. Ferris Aye Ms. Crouse No The motion failed
Mr. Klosky No Ms. Weglein No
Mr. Bleau No Mr. Keegan Absent
Mr. Allan Yes Ms. McCahan No
Ms. Donahue No
Mr. Bleau suggested Ms. Weglein ask Ms. Daddario if she would be willing to stay on as Interim Community Manager for 90 days until a permanent replacement is found.
Mr. Bleau made a motion that Wilma Weglein, Chairman Pro Tem, request a conversation with Ms. Daddario and ask that she extend her employment 90 days or until otherwise addressed by the Board. Second Ms. McCahan.
Ms. Crouse preferred to honor Ms. Daddario’s resignation request since it stated Ms. Daddario was resigning “for many reasons”; the August 10th date is sufficient. Mr. Bleau moved the question. Ms. Weglein called for a vote. Motion carried 5 yes, 3 no.
Ms. Crouse requested to add the report on the Food & Beverage Manager as an agenda item. She also wants a Youth Group liaison to be assigned.
Mr. Allan, under old business, added Unauthorized Purchases to the agenda.
Mr. Bleau made a motion to amend the budget; instead of spending $25, 000 to repair Building F, reduce the amount of electrical infrastructure repair and replace Building F for $90,000. Second Mr. Klosky. There was discussion. Mr. Repperger introduced the issue of bids. It was decided to table this until the issues could be resolved. Mr. Bleau rescinded his motion. Mr. Klosky rescinded his second.
Mr. Ferris urged the Board to actively seek a method to gather information regarding hiring a new Community Manager, whether it be management companies or other means. Ms. Crouse conducted an Internet search and found several management companies. Costs depend on what the Bay wants. Company representatives suggested exploratory consultations. Ms. Crouse feels the start point is manager-only; Ms. Daddario has said there are employees in place who can manage until the Board decides on a direction. Ms. Weglein suggested each Trustee be responsible for contacting a management company, asking them to look over the community and report back to the Board.
There was a discussion of the workshops: August 23rd on Trustee Policies and Procedures; August 28th involves the Charter and the Community Manager’s job description. Ms. McCahan volunteered to contact executive search firms. Ms. Weglein commented newspaper advertising is another approach. Ms. Donahue commented the Board needs a working copy of the Community Manager’s job description before going on the Internet or out to the newspapers.
Ms. Crouse reported Mr. Mata continued and concluded the investigation into the allegations against Sonny Raponi, Manager of Food and Beverage. No new information has come forward. Ms. Crouse offered her apologies for the concerns, troubles, and difficulties that were caused to Mr. Raponi. Ms. Crouse requested the issue be closed. Mr. Bleau apologized to Sonny Raponi and agreed the issue “should be put aside”.
Mr. Allan commented there was no mention of point of sale cash registers in last year’s budget, no $10,000 authorized to purchase cash registers. He said his point is simply that the matter should have been brought before the Board in the first place. Mr. Allan read a letter from Consolidated Business Systems (attached for reference). Mr. Allan stated he would continue to question any Community Manager when their purchases are over and above the limit the Board allows. Ms. McCahan pointed out each department has a budget within which it may purchase equipment without coming to the Board. Ms. Weglein urged the Board to remember Ms. Daddario is currently operating under Mr. Hunt’s budget; Ms. Weglein urged the Board members to approach the Community Manager to solve problems before they escalate. Ms. McCahan urged Board members to remember protocol, procedure, and chain of command.
Mr. Ferris felt the July 13, 2007 meeting was “orchestrated”; the Chairman mocked certain Trustees and ignored others. When Ms. Daddario resigned, Mr. Ferris learned about it in the newspaper. Mr. Ferris feels Mr. Keegan thwarted any attempt to hold an emergency meeting or to arrange a special meeting. Mr. Keegan held onto Ms. Daddario’s resignation letter until July 12. Mr. Ferris said that while no law could be proved to be broken, he feels Mr. Keegan is guilty of misfeasance. Ms. McCahan responded “we are out of control emotionally; we are out of control government-wise; we are out of control with procedure”. She asked Mr. Ferris to “stop this conversation” and get on with business. Mr. Allan concurred with Mr. Ferris; this Board and these meetings need to be run well. Mr. Allan said a motion to table precedes all other motions on the floor; the Chairman ignored it and moved on. He said the Board and the residents had the right to a civil meeting. Ms. Donahue asked to be excused to catch a flight; Ms. Weglein granted her request.
Mr. Ferris said his agenda item regarding returning control to the Board was not placed on the agenda the way he requested it. The Recording Secretary concurred. Mr. Ferris said he personally placed copies of his agenda requests in the Trustee mailboxes, “and this is it right here’. The Recording secretary again concurred. Mr. Ferris responded, “That’s not what the agenda says.”
Ms. Jenkins replied, “Yes, Sir. You’re right.”
Youth Group Liaison: Ms. Crouse made a motion to appoint a Liaison to the Youth Group. Ms. Weglein said normally the Chairperson makes that appointment. Second Mr. Allan. Motion carried unanimously. Mr. Klosky volunteered to act as the Youth Group liaison. Ms. Weglein commented she won the raffle to the Youth Group’s dinner, taking Betty Bailey as her guest. They had the “best time”: the Youth Group served dinner on real china with candle light and flowers. The Youth cooked dinner themselves, appetizers through dessert. Ms. Weglein thanked them all.
Mr. Repperger presented budget assessment resolution 2007-05. The resolution reflects the budget numbers the Board has adopted. Mr. Repperger read the resolution by title. Mr. Bleau made a motion to adopt Resolution 2007-5. Second Ms. Crouse. Motion carried unanimously.
Golf Carts: Mr. Repperger commented his opinion conflicted with Brevard County attorney Scott Knox’s opinion. Mr. Repperger is deferring to Mr. Knox’s opinion that golf carts can be used for transportation within the bounds of Barefoot Bay’s borders and may not go to Winn Dixie. Drivers may be 14 or older. Tighter restrictions within Barefoot Bay must be presented before the County Commissioners.
Weirs: Mr. Repperger spoke with Martin Cole, Frazier Engineering’s insurance representative. Their contractor feels a replacement is in order. The estimate is $181,000. Travelers Insurance represents Island Surveying and Mapping. Peter Marshall, of Travelers, wants to add height to the existing weir. Traveler’s civil engineer has not generated a formal report to that effect. Frazier believes adding height will compromise the existing structure. Mr. Repperger commented since the insurance companies are disputing the remedy among themselves, the Board might as well file a demand letter against Frazier and/or any other responsible party as a prelude to filing suit. Mr. Bleau made the motion to authorize Mr. Repperger to write the demand letter. Second Mr. Allan. Motion carried unanimously.
Suspension of Privileges: Mr. Ferris said he was honoring a request from the Violations Committee when he brought the subject to the Board of Trustees. The Violations Committee requested the Board consider including Code Enforcement fines as well as assessment lapses in the suspension provisions. Ms. Weglein said Mr. Bohne, the Violations Committee attorney, had written a letter directed to her. The Recording Secretary explained the Violations Committee had achieved consensus that Mr. Bohne should write the letter explaining their intent and it was sent to Ms. Weglein as Chairperson of the ARCC. Ms. Weglein said she would bring a copy to Mr. Austin of Code Enforcement and to the Board of Trustees. Mr. Repperger asked that a copy be faxed to him.
ARCC permit language: Tom Sullivan, Brevard County building department, requests through Mr. Repperger that the ARCC add language to the permit advising people there may an additional Brevard County required. Ms. Weglein commented the language is already on the ARCC application for permit. Ms. Weglein offered to send Mr. Repperger a sample of the ARCC permit.
Mr. Repperger asked if his presence was requested at the August 23rd workshop? Yes.
Mr. Repperger said Ms. Daddario’s request to be absent from Board of Trustees meetings limits the Board of Trustees to function as a Board. There should be a representative from Administration to “sit in place” at the meetings. Ms. McCahan said perhaps Ms. Daddario could be asked to come back to the meetings herself. Mr. Ferris asked if another motion was required to reinstate Ms. Daddario at meetings since her request to be absent was honored with a motion. Mr. Repperger said the Board should clarify what it intends to do. Ms. Crouse made a motion that Ms. Daddario should resume all meetings contingent upon her consent. Second Mr. Ferris.
There was discussion regarding “for 90 days”. Ms. Crouse amended her motion: Ms. Daddario should continue all duties and responsibilities of an Interim [Manager] which would be attending the Board meetings and providing the information and continuity that we need. Mr. Ferris amended his second. Motion carried unanimously.
Mr. Bleau played in the Pro Shop Tournament with 68 other golfers with a barbeque afterwards. Mr. Bleau complimented staff and volunteers for the great job they did. He requested work go forward on “the green building” as it is an eyesore. The bathroom on the 6th Tee needs attention.
Mr. Allan commented the Violations Committee still needs 2 alternates.
Ms. Crouse reported pressure grouting around Pool 1 may require the pool be closed until 4 p.m. each day to accommodate the requirements of the company’s insurance. Maintenance has erected signage required by the Fire Department. It’s been determined the flooring in Building A is the problem not what’s underneath. Stucco on the Lounge will go out to bid for repair or replacement. Ms. Crouse promised Mr. Bleau the bathrooms are on the list.
Ms. Weglein commented the ARCC will most likely submit a letter to the Board concerning air conditioners. Air conditioners may be installed above ground only in flood zones and only on a stable base.
Mr. Bleau read from the Charter about levies of assessments. The statements must be published once during April in a newspaper of general circulation within Brevard County. The budget must be sent out within 30 days of its preparation. [The budget was sent to residents.] The financial statement should have been sent as well. The Recording Secretary reported that Atlantic Business Systems worked up a proposal that for $.45 includes everything, out the door. The proposal is based on 4,868 pieces. The price includes first class postage. Ms. Weglein obtained a consensus to send out the financial statement. Mr. Allan made a motion to direct the Community Manager to mail the financial statements through Atlantic Business Systems. Second Mr. Bleau. Motion carried unanimously.
Mr. Allan thanked Ms. Weglein “for running a very, very good meeting today.”
Nancy Eisele appreciates the Sunshine Law, but wishes the Board of Trustees could talk to one another between meetings. Ms. Eisele asked how the County could impose their golf cart ordinance on Barefoot Bay when originally Barefoot Bay won dispensation to have the golf carts allowed only between home and the golf course on the County roads. Mr. Repperger countered that because they are County roads, the State of Florida allows them to pass the ordinance.
Ms. Weglein commented the County instituted a new landscaping ordinance that would leave no room for a house on certain lots in Barefoot Bay. Ms. Crouse made a motion that Ms. Weglein be authorized to speak with Ms. Voltz about the “70 plants and 8 trees”. Second Mr. Bleau. Motion carried unanimously.
Agnes Pieper spoke up for Ms. Daddario. She would like to see the Board become civil.
Jeanne Osborne mentioned problems with children driving golf carts. She wants to see the carts equipped with lights, licenses, and insurance. She cited an instance where a youngster was on a cell phone while careening down the road in the wrong direction with a number of other youngsters in the golf cart with her. Ms. Osborne wants to know who is going to police the kids in the carts on County roads.
John R. Smith, Jr commented a referendum in 1997 voted to keep management companies out and District governance in. Mr. Smith said he gave all this information to Mr. Bleau. Mr. Smith spoke for an Administration building from Jacobsen that could be built to specification rather than obtaining one from River Grove. Mr. Smith asked for civility from the Board.
Renee Chandler said she was grateful to live in Barefoot Bay; the residents need to stop and count their blessings. She urged everyone to raise their sights to pride in the community.
Ken Racik said “Grace is leaving; get over it and move on.” Mr. Racik commented the cost of demolishing F Building was missing from the estimates of cost to replace it. Mr. Racik urged the Board to stop bickering and start listening to the wishes of the residents.
Robin Phillips thanked Mr. Klosky for volunteering to be Youth Group liaison. She said she’ll be out of town for a while. Kim Gregory will be in charge while she is gone.
Bill Daddario said he does not speak for the management. Mr. Daddario reminded the Board when Grace Daddario was hired the view was that it would take 2 years for a manager to get familiar and become truly effective. On the question of her resignation, Mr. Daddario said a reporter had phoned her. She asked that it not be published until she was able to notify the Trustees. When asked who told him, the reporter said it was Rob Allan who had given him the information.
Ms. Weglein entertained a motion to adjourn. Mr. Bleau made the motion to adjourn. Second Mr. Allan. The meeting adjourned at 10:12 p.m.
Wilma Weglein, Chairperson Barrie Jenkins, Recording Secretary
In lieu of Ms. McCahan who resigned
THIS DRAFT OF MINUTES HAS NOT BEEN APPROVED BY THE BAREFOOT BAY RECREATION DISTRICT BOARD. IT IS SCHEDULED FOR APPROVAL DURING THE NEXT MEETING.
PHONE: (772) 664-3141
FAX: (772) 664-1928