Minutes for September 9, 2005
Back to Home Page
DRAFT
Board
of Trustees Regular Meeting
Friday,
September 9, 2005
1:00
p.m. – Building D&E
Chairman Bruce Bolon called the meeting to order at 1:00 p.m.
Mr. Bolon requested prayer for all that we have and for those who are doing without especially in New Orleans and other parts of our country. 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 entertained a motion to accept the minutes of August 23, 2005.
Ms. Weglein commented on the roofs Mr. Carillion asked about in the August 23rd meeting. Ms. Weglein asked for clarification of the arrangement between Mr. Torpy and Mr. Malek regarding coverage of meetings. Mr. Carillion responded the attorneys had stated they would be flexible about the meetings they attended. On page 5, under Committee Reports, the 2nd meeting mentioned is the Master Plan meeting at the Micco Community Center. On page 6, Ms. Eisele’s comments, the Homeowners meet on the 2nd Tuesday of the month. Mr. Bleau commented that on page 3 there is a doubled line regarding the mold contractor. [typographical error]. Mr. Bolon moved the question.
Mr. Glashauser made a motion to approve the minutes. Second Ms. Weglein. Motion carried. The minutes were approved as amended.
Mr. Bolon commented four Board seats are coming open in November. Letters of interest must be submitted September 19th through September 23rd. Please inquire at Building F for additional information.
Mr. Bolon commented regarding complaints from the Micco community that Barefoot Bay is polluting the north prong of the Sebastian River. Marc Van Heden from the St. John’s Water District was present to answer questions. Mr. Van Heden stated Barefoot Bay has a pipe and swale system and a sewer treatment plant. Ms. McCahan asked if there was any polluting. Mr. Heden replied no. Mr. Bleau commented that Barefoot Bay’s effluent empties into Satillie Canal across from Dottie Lane, and Savannah Club’s will also. Mr. Bolon asked Mr. Hunt to set up a meeting with St. John’s Water District to discuss these issues.
Mr. Smith referred to the finance package that had been given to the Trustees, and asked Mr. Hunt to comment. Mr. Hunt responded the financials in the package were detailed hand calculations that he is certain are absolutely correct. Page 178 presents the check register totaling $3,958,875.86 as of August 30th, 2005. Automatic Debits & Withdrawals in the amount of $302,691.88 was obtained from 69 pages of bank statements. $4,288,567.74 has been expended this year. The subtotal marked “Shopping Center” had originally been attributed to the general fund, and is corrected here. Check #21429 represents the financial package authorized by the Board in advance of the 2005-2006 budget, which will commence October 1st. It is not an expenditure in this year’s budget. On the revenue side, the August statements have not come in yet. The daily income column is still to be balanced by $6,870.78. There are two budget adjustments to make at the end of the year: the Shopping Center contributes to the special revenue fund in order to pay the Shopping Center’s portion of the debt service for the bonds that were originally floated for the purchase of Barefoot Bay. Mr. Hunt commented the bottom line is the Bay started $10,585.00 in the hole. At the end of the year to August 31st, the District has $694,582.97. Mr. Hunt addressed those folks who are critical of the District’s financial management and suggested they get their facts straight. He commended the Board for their fiscal management.
Referring to the page “Hurricane Out of Pocket Expenses to Date”, Mr. Hunt commented the District has received cash reimbursements from FEMA of $110,775.97 which means the Bay has received more in reimbursements than we have spent on the hurricanes. The Board has authorized $84,000 from the FL League of Cities credit line for fencing, and this will be reimbursed from FEMA. The FL Public Assistance report comes from a website that shows the status of the District’s FEMA requests. Under Hurricane Frances, FEMA has now obligated the entire $601, 397.17 that has been requested. FEMA obligated the pier last week. The District sent a notice to proceed to Frazier Engineering to start the construction documents for the pier. Mr. Hunt expects the project to bid out and be under construction by the first of the year. For Hurricane Jeanne, FEMA has obligated $188, 697.29. There is still an outstanding balance of $218, 208.75. FEMA has obligated to date $790,094.46. Mr. Hunt invited interested residents to come to the administration office to view the backup documents.
Mr. Smith moved to accept Mr. Hunt’s report. He thanked Mr. Hunt for the thoroughness of the report. Mr. Glashauser asked if this was just for the operating budget? Mr. Hunt replied that it is. Mr. Glashauser asked if any of the money in Tallahassee is included in this report? Mr. Hunt responded there is not a separate savings account per se. There is a separate checking account for each of the funds. There will be roughly $600,000 in this fund at the end of the year. Mr. Glashauser commented there is no documentation requiring the District to maintain an emergency hurricane reserve fund. Mr. Hunt concurred there is no such requirement in the bank statements. The District asked the bank if it had such a requirement. Mr. Hunt assured the Board he would continue to look for the revenue fund documentation.
Mr. Carillion asked when the financial computer software would be in use. Mr. Hunt responded October 1st. Data conversion has been ongoing, the software company will be training employees the week of September 19th.
Mr. Bailey and Mr. Glashauser again referred to the reserve fund. Mr. Hunt responded there was a reserve fund in existence. It does not make sense to him that such an account would have been established if it wasn’t required, so there must be documentation somewhere.
Ms. McCahan received brochures from the County regarding recycling that can be dropped off in the bin to the side of the South Mainland Library.
Mr. Hunt asked Ed Geer to comment on the weir project. Mr. Geer commented heavy rains necessitated opening the weir to lower the lake level. The forms are in, the contractor is waiting on the concrete trucks which are due [today]. Mr. Geer responded to Mr. Bolon that the sides would be higher than the center, which will allow more control. The lake can be held at 22.5’. The contractor has stayed in a local hotel at his own expense to keep an eye on the project during the rains. Mr. Bolon asked about the asbestos pipe that had been found. Mr. Geer commented that if asbestos pipe is left undisturbed, there is no requirement to remove it. Once it’s removed, it cannot be returned to its original site and must be properly disposed of. It is wrapped in Visqueen and taken to a landfill. Ms. Weglein requested the Board be informed of things like this before the residents get a chance to start phoning Board members. Ms. Weglein asked if it is commonplace that the project inspector is an employee of the engineering firm. Mr. Hunt responded this is normal procedure. The inspector assures the project follows the plans and specifications laid out in the scope of work.
Mr. Hunt commented the inside roofing on the Shopping Center is complete, but new leaks showed up in the recent rains. The District is seeking roofers other than National to repair the leaks. Ms. McCahan asked when the gutters would be installed. Mr. Hunt responded there is a project for $114,502.75 on the FEMA website that is non-obligated under Hurricane Jeanne for the gutters and soffits throughout the Bay. Mr. Hunt agreed to research temporary gutters; Ms. McCahan’s concern is for patrons of the 2002 Restaurant who are getting soaked trying to gain the entrance. Mr. Helmerich commented if the District does it for one, it must do it for all.
Mr. Hunt commented the District has completed installing insulation and tiles in the Peddler. The mold inspector reported the amount of mold in the Peddler falls into the Phase I category, which can be handled with a bucket and bleach. The tenants requested this not be done. They will engage their own mold expert. Mr. Hunt reiterated the District has done what the Board directed it to do: the mold contractor looked over the situation, made a recommendation, and Mr. Hunt directed District personnel to carry out the recommended procedures. Ms. McCahan commented she had carried this procedure out in her own home and asked if Mr. Hunt knew why Ms. Hawkins would object? Mr. Hunt commented it was probable from a letter Ms. Hawkins wrote that she expects her own expert to find more than the District’s experts found. Mr. Bailey commented the problem is becoming political, and he wants it finished now. Mr. Smith spoke up for the tenant. Mr. Hunt commented that to date the District has fulfilled all its obligations to the tenant, including responding to her requests and providing proper mold remediation. Mr. Bolon moved the question.
Mr. Hunt commented the notice to proceed has been issued to Frazier Engineering for the golf course storage building. FEMA has obligated funds for this project.
Mr. Hunt referred to the Charter, Article IV, Section III, Elections of Trustees, reviewing changes the Board directed him to make at the workshop held for this purpose. (Addendum I for reference) Public input will be accepted at this meeting and the next meeting. At the second meeting a resolution will be presented to the Board for approval, and a ballot prepared for this fiscal year or calendar year. Mr. Glashauser referred to Article IV, Section 4, organizing themselves in 14 days after the election or should the Board consider taking their seats in January to be consistent with other Boards in the area. Mr. Glashauser requested references to a parliamentarian or parliamentary procedures also be removed. Mr. Bleau concurred with Mr. Glashauser. Mr. Torpy commented the Board may seat its members at its own discretion according to the existing charter. To seat the Board in January would require another change at the State level to remove an inconsistency.
Mr. Glashauser made a motion to seat the Board in January. Second Mr. Bleau.
Mr. Bailey
No
Mr. Bleau Yes
Mr. Bolon No
Mr. Helmerich No
Ms. McCahan No
Mr. Carillion No
Mr. Smith Yes
Mr. Glashauser
Yes
Ms. Weglein Yes
There were 5 No votes, 4 Yes. Motion failed.
Jeanne Osborne is in favor of reducing the Board from 9 members to 5, but is not in favor of changing terms from 3 years to two. Ms. Osborne questioned the wisdom of electing 5 Trustees at one time. Mr. Hunt explained the proposed Charter change would elect 3 members, then 2 members. Ms. Osborne suggested using the State procedures for recall of a member. Ms. Osborne advocated that Trustees continue to volunteer public service.
Mr. Torpy commented if the Board approves the changes to the charter, the process will then go to ballot and be voted upon by the residents. This is the only way the revisions become enforceable. If the residents approve the changes being made here, in the future a super majority of the Board can make charter changes without resident approval. Mr. Glashauser suggested taking out the word “or”. Mr. Torpy commented that the way it reads now, there is a two-tier process to approve changes to the Charter. Process 1 says “as deemed necessary by the Board of Trustees, or Process 2, to petition 10% of the qualified voters of the District. Mr. Glashauser objected to the Board having authority to change the Charter without resident input.
Nancy Eisele desires to keep 2/3 of the Board intact in any election, and prefers to keep a 9-member board. Ms. Eisele concurs with volunteer service with reimbursement for legitimate expenses. Ms. Eisele thanked the Board for voting down being seated in January. In 1998 it was a “lame duck” session.
Roland Boaz commented that whether or not the Board should be paid, other public figures have paid assistants. With a 5 member Board, serving will become a full time job and will need help. Won’t this add to the cost of government? Mr. Hunt commented there was no intent on the part of the Charter Review Committee to suggest that serving on the Board would become a full time job or require paid assistants. Mr. Hunt explained the stipend was recommended because people who work are not running for the Board. They lose money when they take time off from their jobs to serve. If the Board reduces to 5 members, there will necessarily be much more work to do on the part of individual trustees. Mr. Bolon recommended that by the end of the month Mr. Carillion receive compensation for the amount of time and gasoline he spends on ARCC business.
Mr. Bolon responded to Ms. McCahan that there will be no parliamentarian. Ms. Weglein asked for clarification of the 10% petition language. Mr. Torpy commented there should be language inserted that public hearings will be held before the Board can make a change. Mr. Bolon directed Mr. Hunt to draw up [something] to this effect.
Mr. Hunt commented the September 30th deadline for hurricane repairs is approaching rapidly.
Code Enforcement is engaged in the yard light issue, listing about five properties a night that are not lit. Mr. Carillion feels that FEMA trailers are more of a priority. Mr. Glashauser concurred with Mr. Carillion, and pointed out the DOR states the lights must be operational, but are not required to be on. Mr. Bleau suggested that to comply with the DOR, the District would have to visit each home and ascertain if the lights were operational before a violation could be issued. Mr. Bleau pointed out the DOR says all homes. Homes that don’t have lampposts at all will be fined. However, the DOR does not say the lamp must be illuminated. Mr. Bolon commented the illuminated lights are for safety. Where there are no streetlights the streets are very dark. Residents walk at all hours in the dark and are at risk from vehicle traffic. Mr. Smith read a letter from Pat Zwerin who was upset about the letter she received about her lamp post: there was a fire at this address, there is no electricity available for the lamp post, and the tenants have not been in residence since the fire. Mr. Smith objects to residents having to maintain electricity when they are not in residence. Mr. Bailey maintains the issue is about security. Ms. McCahan made the point that when the DOR revisions went out for a vote enough people did not return the ballots to allow counting the ones the District did receive. She maintains this does not mean the people didn’t want the revisions. Mr. Torpy commented that the District did not receive the minimum number of responses, whether people were in favor or against a particular item. “No response” is an automatic “No.”
Mr. Hunt addressed the “hurricane houses”, those properties on the original list of 19 homes deemed a public nuisance. The Board had requested an update of which houses had been hauled away to date, and which addresses would need Mr. Torpy’s attention under the lien/lawsuit requirement.
Mr. Bolon entertained a motion to extend the meeting beyond 3 p.m. Ms. Weglein made the motion. Second Mr. Carillion. Motion carried.
One of the properties is 881 Cashew, CEB #300-05, which went to hearing April 13, 2005, is still in violation, and has accrued fines of $5,800. 401 Raven, 1184 Waterway Drive, and 856 Laurel Circle are in violation, and are uninhabitable. These are the properties the County had intended to remove before the State stepped in. 882 Laurel Circle is in foreclosure and being handled by Mr. Malek of Mr. Torpy’s office.
Mr. Torpy explained the Code Enforcement Board could levy fines on the remaining properties and allow the fines to continue to accrue until such time as the violation is cured. That is the extent of the authority of the Code Enforcement Board. The second process is to use the Deed of Restrictions. Under the DOR, the District can do the work and place a lien on the property, or sue the property owner and force them to do the work themselves. The homes in question have not been occupied since the hurricanes. Brevard County has deemed them uninhabitable. Because mobile homes are technically motor vehicles, the county was advised not to intervene. Mr. Torpy explained the issue was one of urgency. Lawsuits are the safest course to prevent appeal down the road. Mr. Bleau addressed the amount of fines that have already accrued. Ms. Gruseck, Code Enforcement Clerk, commented that 1184 Waterway had come into compliance and the case was closed as of 9/3/05 after accruing a fine of $6,300. When the orders of compliance have been filed and whatever other procedures Code Enforcement follows have been completed, Mr. Bolon directed the fine be turned over to the Finance department for collection. Mr. Torpy redirected the Board’s focus towards the process the Board wishes to employ to get the uninhabitable homes off the property. A certain amount of these properties are rat infested public health hazards. He suggested the Board determine a course of action between liening and lawsuit.
Ms. McCahan made a motion to turn the list over to Mr. Torpy for appropriate action. Second Mr. Bailey. Motion carried.
Mr. Torpy suggested an abundance of caution. He will work with staff to compile a list of properties for the Board to authorize the Deed of Restriction process. Mr. Bolon cited 413 Plover Drive and asked if the $2,345 had been sent to Mr. Torpy for collection. Mr. Torpy commented that was one of the issues that would come up in the Code Enforcement workshop following the Trustees meeting, specifically how the Board of trustees takes over where the Code Enforcement process leaves off.
Ms. McCahan asked how long it would take for the properties to be cleared. Mr. Torpy responded once he was convinced of the facts, his intention is to give the property owners 2 weeks. After that his recommendation would be to remove the homes.
Mr. Bailey urged aggressive collection of fines. Mr. Hunt commented the fines are added to the assessment fee record in the Administration office, and after an appropriate process of notice, are turned over to Mr. Torpy’s office. Part of the problem is some owners are deceased and the people who inherited the property don’t want it. Some of the properties will only be collected through liening and eventual release of homestead.
Mr. Hunt commented there will be a status report on the September 30th deadline at the next Board meeting. It is a broad policy issue: does the Board wish to grant an additional grace period, or is it time to move forward and establish some kind of bureaucratic process of enforcement.
Mr. Torpy said everything he hadn’t discussed already is in his written report to the Board.
Ms. McCahan asked about the status of the jukebox replacement or repair. Mr. Hunt commented the District purchased a karaoke machine. He said the District is negotiating with the present jukebox vendor because he also provides the dart machines. Ms. McCahan asked if anyone had found out when the Board meetings were televised. Mr. Bolon replied the meetings are scheduled two days, and used as fill in for other times. Ms. McCahan asked about the human resources question. Mr. Hunt responded he’s still working on that.
Ms. Weglein commented she and Mr. Hunt had met with Commissioner Voltz and toured the Crystal Bay area. They showed her the condition of the fence around the Crystal Bay property. It is already falling down in places. There will be a town hall meeting on the Micco land development next Wednesday at 7 p.m. [September 14] There will be a master plan meeting September 19th at 6:30 p.m. at the Micco Community Center.
Ms. Weglein suggested the Bay thank representatives of the Red Cross, the Salvation Army, and the Baptist Southern Convention for their help in the Bay’s hurricane crises by hosting a dinner and sending the proceeds to them. Mr. Bolon urged Ms. Weglein to get together with Mr. Hunt and Joe Armstrong, the Food and Beverage director. Mr. Bleau offered to help.
Mr. Bleau thanked all the residents who attended the hurricane preparedness seminar on Sunday. Mr. Bolon asked about the entrance [to the Bay]. Mr. Hunt responded a local well company has been contacted to locate the existing well. The project should be completed by the end of the fiscal year. Mr. Bolon said there had been comments regarding mowing county property. The guardrails on Micco Road need to be weed whacked in order to read signs coming into Barefoot Bay. Mr. Bolon suggested taking lights off the pier to use in other places about the Bay. There are also some useable benches within reach. Ms. McCahan wants new stop signs at Building A complex. Mr. Hunt agreed to make the call to the County. Mr. Bolon urged the District to conserve energy, lights and air conditioning. The A/C can be set at 80 degrees when a building is not in use. Vehicles should be used for company business only. Use the golf carts instead of the trucks.
Tony Vallante asked how to change the DOR fencing requirement. Mr. Bolon replied he should stay for the workshop session following the Board meeting for a complete answer to his question.
Pat Clarke commented the lamppost language should be changed to operational and illuminated. Street signs along Micco Road need to be refurbished so they are clear.
Robin Allen commented there are two homes on Laurel Circle that present a hazard to the children who are playing in them. Mr. Torpy responded the District needs the addresses. Ms. Allen said Code Enforcement was aware of the homes, but the children are still at risk playing there.
Mr. Bolon entertained a motion to adjourn. Mr. Glashauser made the motion. Second Mr. Bleau. The meeting adjourned at 3:36 p.m.
PHONE: (772) 664-3141
FAX: (772) 664-1928