Minutes for August 23, 2005
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DRAFT
Board
of Trustees Regular Meeting
Tuesday,
August 23, 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. Amen
Mr. Bolon led the Pledge of Allegiance.
Ms. Weglein called the roll. Mr. Bailey was excused. Mr. Torpy was present as counsel.
Mr. Bolon entertained a motion to accept the minutes of August
12, 2005.
Mr. Bleau referred to page 2 of 5 and inquired about the computer baseline for time clocks. Mr. Morgan explained the first phase of the time clock computerization involves office staff using a 4-digit pin number on their computers. For other staff it may be a fingerprint and a pin number or a magnetic badge swipe and a pin number. Mr. Bleau commented the mold contractor appears to have completed his work in the doctor’s office. Mr. Hunt responded that the District asked the contractor to take samples at the Peddler while on site. Mr. Bleau referred to Ms. McCahan’s inquiry regarding replacement of a glass door on the mini-mart while Mr. Woods owned it. Mr. Bleau commented that only the glass in the door was replaced. Ms. Weglein asked which street Savannah Club was using for access, Barberry or Lilac? Mr. Hunt responded the County is allowing construction vehicles to pass through, but this would be halted when lots begin to sell. He will make a determination of which street is being used and put the answer in Ms. Weglein’s mailbox. Second Ms. McCahan. Motion carried.
Mr. Morgan commented the new financial software is completely installed. Data is being converted and transferred from the old system. September 19th trainers will be on site to fully integrate staff. The District should be completely off the old system by October 1. the auditors will come in then for their usual end of fiscal year audit. Mr. Morgan invited interested trustees to stop by his office for a look at the new software. Mr. Morgan responded to Mr. Carillion that employees would be trained on different modules according to their job requirements. Ms. McCahan commented on the capital projects, inquiring as to whether each account would have its own line. Mr. Morgan replied the District set up a separate capital checking account for the $9.00 designated for the capital fund. Within the capital checking account there will be individual accounts for each of the projects. The Board will allocate money within those accounts. Mr. Carillion asked when monthly reports would be forthcoming, and would they be itemized. Mr. Morgan replied the bank statements arrive around the 10th of the month. These are required for month-end closeout. The Board of Trustees meeting in September will fall before the statements arrive. The financials for October will be the first ones generated completely on the new system. Mr. Morgan responded to Mr. Glashauser that he would be able to provide a “pretty good” report around the 3rd of each month. Mr. Hunt commented staff were also performing hand analysis and will provide additional reports at the next meeting. Mr. Hunt has been monitoring the special revenue fund operations bank account to ensure the District is running in the black. Three things are subtracted from that amount: FEMA payments the District receives, insurance payments received, and $342,000 that was budgeted in fund balance. It is Mr. Hunt’s intention not to spend any of that this year. He is confident the District will end the fiscal year with money in the bank. Mr. Hunt responded to Mr. Carillion that he would provide a detailed accounting of all the expenditures for roofs by the next meeting. Ms. Weglein commented the Board had received a financial synopsis sheet and asked if Mr. Hunt could provide that again so the Board could have the totals of the bank accounts. Mr. Bolon concurred that the next Board meeting would be September 9th, while the statements do not arrive until the 10th. He acknowledged there were some meetings that staff would not be able to provide the financial report until the Board’s second monthly meeting. Mr. Carillion inquired about MIP’s support system. Mr. Morgan responded the District pays an annual maintenance fee of approximately $5,000, which includes several tiers of support.
Nancy Eisele suggested the Board accept the financials at the 2nd meeting of the month. Mr. Hunt responded that he appreciated her support, and when the new software was up and running, the financials would be available usually by the first meeting.
Nations Fence discovered some cement cores that had to be removed, but are on target with finishing the project on time. Ms. McCahan addressed concerns that the fence is not adequately connected to the poles that hold it up. Mr. Hunt commented that he would contact the softball league to ascertain whether the fence configuration is what they wanted.
Insulation and ceiling tiles in the shopping center are nearly finished. Dr. Siddiqui’s office is finished. The doctor has indicated he wishes to move back in. The District will install the ceiling and drywall. The tenant will be responsible for installing cabinetry and other materials.
The weir contractor discovered a significant amount of sunken concrete that had to be removed. The project is still on schedule. Mr. Helmerich asked if there would be additional costs involved. Mr. Hunt responded there would not.
The mold mitigation contractor has been contractor has been to the Peddler. Settlement talks are going forward.
Ms. McCahan commented on the issue of residential yard lighting. Does the DOR require the lights to be on or just in working order? Residents who spend 6 months a year in the North routinely shut off their electricity. Mr. Hunt responded that Code Enforcement is tallying those lights that are not on after dark. The DOR does not allow for any deviation for whether the property owner is in residence or not. To enforce the DOR will require that the electricity be kept on and the residents will receive a minimum bill from FPL for the yard light. Mr. Carillion commented that as far back as 1996 Avatar maintained there would be a yard light whether you were a snowbird or not. Mr. Smith objected to requiring electricity to be on inside the residence when no one was going to be home for months on end. He considers this an unreasonable danger.
Ms. McCahan asked if residents are being notified that the September 30th deadline on the moratorium for hurricane repairs is in full effect. Mr. Hunt replied that the Board of Trustees would direct any changes. Mr. Carillion commented the ARCC was already receiving contracts from certain contractors.
Ms. McCahan complimented staff for the job they did replacing the sailboat atop the wall again.
Ms. Weglein commented on the golf course storage building. Mr. Hunt responded a notice to proceed on the engineering is being issued to Frazier so building can commence October 1.
Mr. Helmerich asked if all the RV spaces were rented out. Mr. Hunt responded there are approximately 35 people on the waiting list. Mr. Helmerich commented on all the vacant spaces. Mr. Hunt replied all the spaces are paid for and it’s likely the empty spaces are due to residents being on vacation.
Ms. McCahan requested a date for the Code Enforcement workshop and that it be made clear that the Code Board members attend the meeting.
Mr. Hunt asked the Board to approve accessing the Florida League of Cities loan in the amount of $98,000 for the fencing project. Upon completion of the fencing project, the District will bill FEMA for reimbursement.
Mr. Bleau made the motion to access the FLC loan. Second Ms. Weglein. Mr. Glashauser moved the question. Motion carried. Mr. Helmerich voted no.
Mr. Carillion inquired if there was any action yet on the pier. Mr. Hunt responded the District’s project applications were on FEMA’s website. He will download it for the Board as a progress report. The $50,000 the Board budgeted for engineering and the District’s portion of the construction costs will be available to Frazier October 1. FEMA has committed $391,000 to the project.
Mr. Hunt commented he had discussed his report in old and new business.
Mr. Bolon asked who was the District’s Human Resources officer? Mr. Hunt responded that Susan Enslow handles payroll and all of the employee insurance and deferred compensation. Mr. Hunt is dealing with personnel problems directly. Mr. Bolon suggested perhaps this takes away the chain of command and removes an opportunity for appeal. Mr. Hunt agreed to look into the situation.
Mr. Hunt responded to Mr. Carillion that there are 35 applications for the Code Enforcement director’s position.
Mr. Torpy commented the County has been assisting Barefoot Bay in hauling away uninhabitable manufactured homes under the State’s motor vehicle law. There are approximately 5 of the original 18 homes left. However, the State has contacted the County and said the County can no longer remove the homes as junk vehicles. The District will have to enforce removal or the homeowners will have to do it voluntarily. Two methods are available to the District: one is a lawsuit against the property owner, the other is a lien process against the cost of removing the homes. The lawsuit process is safer for the Bay because a court will have condoned the removal before it’s done. Lien is quicker. Mr. Torpy suggested Mr. Hunt evaluate the remaining homes and bring a report back to the Board at the next meeting for a recommendation.
Ms. McCahan asked for clarification that County codes take precedence over DOR restrictions. Mr. Torpy responded that is correct. Ms. McCahan commented the County is considering allowing residents to keep boats and RV’s at their homes. Mr. Torpy says the key word is “in conflict with”. Barefoot Bay can have restrictions tougher than the County and that is not a conflict.
Mr. Torpy announced that he and Mark Malek are seeking the Board’s approval to alternate attendance at Board meetings. Mr. Torpy proposes to attend on Friday, Mr. Malek on Tuesday. Mr. Carillion agreed. Mr. Smith asked Mr. Torpy why replacement singlewide homes were not allowed in Barefoot Bay. Mr. Torpy responded that in 1999 residents voted an amendment into the DOR that specifically stated no additional singlewide homes could be brought into the Bay.
Ms. Weglein commented that some parts of the Savannah Club fence [along the perimeter of Amaryllis Drive] are already falling down. Ms. Weglein encouraged residents with complaints to phone Ms. Voltz’s office. There will be a town meeting at the Micco Community Center on September 14th at 7 p.m. There will be another meeting at the Micco Community Center on September 19th at 6:30 p.m.
Ms. Weglein also asked for the Code Enforcement workshop date to be set.
Mr. Smith clarified the intent of the Trustees’ rules and regulations saying the trustees had agreed among themselves regarding the format observed for speaking in a Board meeting.
Mr. Bleau requested a separate P.A. system and microphone equipment that would be used exclusively by the Board. Mr. Carillion concurred. Mr. Bolon directed Mr. Hunt to bring prices to the next meeting.
Mr. Helmerich commented that under Robert’s Rules [of Order] he has a right to speak and be heard at every meeting. Mr. Helmerich commented that the minutes are always inaccurate. He contends that only verbatim minutes are completely accurate and wants to see them presented that way. Mr. Helmerich requested the designee position of liaison for the weirs and canals be restored to him.
Mr. Bolon commented the designee positions were eliminated to remove restrictions on communication and allow each trustee to converse with the Community Manager on whatever subject concerned him or her.
Mr. Torpy explained the minutes are not binding on the Board since they are not recorded and transcribed by a certified court reporter. They are official actions the Board takes. The motions must be 100% accurate. Discussions are a synopsis of content of the meeting. However, a Board member can amend the minutes if he or she feels misquoted. Mr. Glashauser and Mr. Carillion commented that in times past the Board had requested “more meat on the bones” of the minutes. Mr. Bolon commented that any Board member could request the recording secretary to verbatim any part of the meeting. Mr. Helmerich commented that if the minutes were not verbatim [in their entirety] it was misleading to the people of Barefoot Bay. Ms. Weglein suggested that if residents wanted verbatim, they would watch the TV broadcast. She feels a good many residents do that.
Mr. Bolon scheduled the Code Board workshop directly following the Board of Trustees meeting on September 9th. Ms. McCahan requested that the Code Board members be required to attend.
Elizabeth Showers commented on the U-Haul
trailer that is still in the RV lot. Mr. Hunt responded a mailing scheduled for October
1st will inform residents using the storage facility of the requirements, i.e., the space
must be paid in full and the vehicle must be capable of being removed with 24 hours
notice. Ms. Showers requested the jukebox inside the Lounge be repaired. Mr. Bolon asked
Mr. Hunt to look into that.
Nancy Eisele responded to Mr. Smith saying one of the reasons the residents voted for doublewide homes in 1999 was to prevent older singlewide homes being brought in and moved from property to property. Ms. Eisele commented that the vehicles using Barberry are County vehicles cleaning ditches, not Savannah Club vehicles. Those are using Lilac. Ms. Eisele reminded [everyone] the Homeowners are meeting again in September on the first Tuesday, and in A Building for their regular Wednesday night meeting. Ms. Eisele complimented Mr. Carillion for his concern and care on the ARCC.
Nick Pandiscio wanted to know who authorized the flip of the coin that allowed Harry Bailey to be reseated on the Board of Trustees. Mr. Glashauser, Mr. Bolon and Mr. Torpy replied, “I did.” Mr. Pandiscio contends that under Robert’s Rules of Order, the Board must keep voting rather than flip a coin. Mr. Pandiscio said, “I’m going to be your worst enemy, Mr. Bolon! Believe me when I say it. I would like to have Mr. Bailey removed from that chair!” Mr. Torpy reminded the Board that it does not operate under Robert’s Rules of Order. It operates in a format controlled by the Chairman of the Board.
Mr. Pandiscio: Have they got a charter from the State?
Mr. Torpy: They are operated by State statute and County ordinance. Also there are procedural requirements that are adopted by the Board as they see fit.
Mr. Pandiscio: Have they passed out any literature?
Mr. Torpy: All the rules are available for you to read, Sir. But they are not Robert’s Rules of Order.
Mr. Torpy explained he would be available to Mr. Pandiscio after the meeting. He reiterated the Sunshine Law, all applicable Florida statutes and County ordinances govern the Board as does common procedure as determined by the Board members themselves.
Mr. Hunt commented he would get copies of the governing documents for Mr. Pandiscio.
Mr. Pandiscio asked when he could have them.
Mr. Hunt replied that Mr. Pandiscio should come by the Building F. office on Thursday.
Robert Bellanger liked the old dance floor in the Lounge. The new one is like “dancing on flypaper”. Mr. Bellanger requested the phone number of the Space Coast TV agency so he could find out when the Board meetings are actually aired. Mr. Bolon commented the slot usually falls on Monday at 1 p.m. and Thursday at 4 p.m., but the meetings are also used as “fillers” so appear at other times as well. Mr. Hunt said he would have Dobie look at the dance floor.
Mr. Bleau announced a meeting of the Hurricane Awareness committee in Building A on Sunday, September 4th at 3 p.m. There will be Hurricane Awareness green ribbon packets available.
Mr. Bolon adjourned the meeting at 8:40 p.m.
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