Minutes for September 27, 2005
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DRAFT
Board
of Trustees Regular Meeting
Tuesday,
September 27, 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. All Trustees were present. Mr. Malek was present as counsel.
Mr. Bolon entertained a motion to accept the minutes of the regular meeting September 9, 2005. Ms. Weglein requested that on page 5 the sentence be amended to read “changing terms from two years to three.” Mr. Bleau made a motion to approve the minutes. Second Mr. Glashauser. Motion carried. The minutes were approved as amended.
Mr. Bolon entertained a motion to accept the minutes of the combined workshop with the Trustees and the Code Enforcement Board that convened at the close of the regular meeting on September 9, 2005.
Mary Miller reported on the “Western Union” scam that is circulating in Barefoot Bay. Someone may call you on the phone pretending to be a relative asking for money to get out of some kind of jam. They are very convincing. Do not send the money. Mary is trying to help the people who have already fallen for it.
Mr. Malek’s baby son was born August 24, 2005. Congratulations!
Mr. Bolon entertained a motion to appoint Mary Firlein to a new vacancy on the Code Enforcement Board. Mr. Bleau made the motion. Second Ms. Weglein. Motion carried.
Mr. Smith read from the Finance Report that contained balances to August 31, 2005 (Addendum I). Mr. Hunt reported on current cash positions (Addendum II), and commented the District is ahead of projections. A FEMA check in the amount of $137,900 is scheduled to arrive this date.
There were none at this time.
A. The fence contractor expects to finish the ball fields on 9/28/05.
B. The first weir is poured. Grading will be finished in a couple of days. The contractor expects to begin on the golf course weir next week.
C. The new charter is in its third revision There are two changes: the scrivener’s error leaving out the opportunity to qualify a candidate by paying a fee; the second is the addition of language concerning public hearings to amend the charter in the future.
Mr. Bleau asked if Nations Fence was finished with the walkway to A Building. Mr. Hunt replied that they are. Mr. Bleau feels the fence is incompatible with ADA. Mr. Bleau wants a person in a wheelchair to be able to pull himself or herself along. Mr. Carillion concurred. Mr. Hunt commented the $98,000 FEMA reimbursement for that fence has not been entirely used up.
Mr. Glashauser commented on page 5, paragraph 3 of the charter. “Beginning with the election held in 2007”, Mr. Glashauser asked if it was supposed to be 2007 or 2006? Mr. Hunt commented that would be up to the Board. If the charter is worded 2006, a special election should be held in February or March to pass the Charter. If the Charter goes to ballot in November, candidates would have to be elected simultaneously under the provisions of the Charter. Mr. Bolon observed most of the Board concurred with a midterm election. The date will be changed to 2006. Mr. Bleau commented that the word “parliamentarian” should be stricken, and also the “two” since there will be only one Vice Chairman. Mr. Bleau disagrees with accepting a salary for serving on the Board of Trustees and agrees with reimbursement of expenses. Mr. Carillion feels salary is an incentive for younger, working people to serve on the Board. Mr. Smith feels the Board should serve without pay. Mr. Bailey agreed the new 5-member Board should decide the issue. Mr. Bolon entertained a motion to table discussion regarding the ordinance until after the election. Mr. Glashauser made a motion to delete the paragraph about the salary. Second Mr. Bleau. Motion carried. Mr. Helmerich and Mr. Carillion voted no.
Jeanne Osborne commented the referendum
for the Charter should be held between February and April when the majority of residents
are in the Bay. Ms. Osborne favors reimbursement for expenses. Ms Osborne commented in
Article 8 the language should read the Charter can be amended by a majority plus one after
holding a properly advertised public hearing, et cetera.
Mr. Hunt commented that the way the Charter is presently worded, the first year is a transitionary year. There will be a period of time between November 2006 when we elect the first 3 members and the time we elect the next 2 seats in 2007, there will be a 7 member Board. Four people will remain. Mr. Hunt asked if that was the Board’s intent. The 9 member Board will become a 7 member Board and that Board will become a 5 member Board. Mr. Hunt commented if the Board approves the Charter [tonight], he will transmit the document to the State Legislature, contact the County to set up the election, and embark on a path of no retreat.
Nancy Eisele commented that, as a working person, paying the Board a salary would not impact her opportunity to serve or not. She is in favor of serving on the Board without salary.
Mr. Glashauser made a motion to accept the Charter with and including the provisions already set forth. Second Mr. Bleau.
Ed Keeley commented that since only registered Florida voters can vote on the Charter, it won’t make much difference when the election is held. Ms. Eisele suggested a straw vote could be obtained through the Homeowners Association.
Elizabeth Showers asked for clarification of how the 5 member Board would come about. Mr. Hunt commented the elections were staggered on purpose to maintain continuity.
Motion carried.
Ms. McCahan requested clarification of the process to be followed now that the Charter has been approved. Mr. Hunt replied it must go to the County Board of Elections, and to the County Commissioners, who must approve it. It is sent to Tallahassee, where there will be challenges. The Legislature will need to consider it almost immediately after the election is held in the Bay. Their session is January to May.
Mr. Hunt commented the 5 properties still on the “to be demolished list” are 423 Plover; 401 Raven; 881 Cashew Circle; 882 Laurel Circle; and 886 Laurel Circle. These homes have several criteria in common. All were on the original list of 19 that was sent to the County for intervention. The County declared all these properties uninhabitable. All 5 have been brought before the Barefoot Bay Code Enforcement Board. Three are currently accruing fines, and two others begin to accrue fines September 29. They will cost approximately $2,000 a home to remove. Moving across private property lines is expected to cause minimal repercussion.
Ms. McCahan made a motion to demolish the five homes as soon as possible. Second Mr. Carillion.
Ms. Weglein inquired if the Waterway home had been demolished? Mr. Hunt replied that it had. Mr. Bolon asked if the liens are filed. Mr. Hunt replied the liens for demolition costs will be filed as soon as each home is demolished. Mr. Carillion commented the liens the homes accrued “in violation” should be put with the demolition costs. Mr. Hunt commented these properties are not homesteads since no one is living in them, which means the Board may instruct the District to turn them over to Mr. Torpy’s office for action.
Mr. Carillion and Ms. McCahan requested the motion to be amended to include “accrued unpaid fines” and “demolition expenses” be included together.
Mr. Bleau made reference to 882 Laurel Circle, commenting the fines will be $100 per day commencing on September 28. He asked why the other properties were fined $50. Mr. Bolon commented the Code Enforcement Board sets the fines, and the Trustees Board has nothing to do with that.
Motion carried.
Ms. Weglein asked Mr. Hunt what percentage of homes in the Bay still need repair that might come under the September 30 deadline for the bond to be posted. Mr. Carillion commented about 71% of the homes are either being worked on or will be done by the first of October. The snowbirds are the biggest problem in getting things further down the road. The ARCC recommends if the deadline is kept in place, there be a list of contractors who have written letters of intent to contract with homeowners. If the homeowner reneges, the contractor will notify the ARCC. The consensus of the ARCC is to stick with the deadline. Mr. Bolon commented that things are presently going along well enough that the deadline wouldn’t be needed. Many people have moved out. There are approximately 300 homes to be dealt with, and FEMA requires the trailers be out of the Bay by April (2006). Mr. Helmerich concurred with extending the deadline until April, 2006.
Bill Sandt commented the Board should accept the recommendations of the ARCC and keep the September 30 deadline in place. Mr. Sandt feels extending the deadline sends a poor message to the residents regarding code enforcement. He paraphrased Mr. Torpy, saying that people will do what they are essentially supposed to do as regards code enforcement. The deadline has been published for a great many months already.
Mr. Bailey voiced his concern about the people who are legitimately not able to get into their homes by the time FEMA pulls the trailers out. Mr. Bleau concurred, saying he would like the Bay to be able to require its residents to come into compliance without imposing a heavier burden on them than they already have. Mr. Hunt commented Administration would ask for a grace period should the Board decide to keep the September 30 deadline. Code Enforcement could handle property owners who are not showing progress and respecting the process on a case-by-case basis if the Board should decide to extend the deadline to April 2006.
Mr. Helmerich commented that FEMA finally removed the trailer when he fixed his house. Many of the contractors are still price gouging, which is causing problems for residents. Insurance companies who are canceling people out of hand are causing painful delays for residents. Many of the contractors have left for the Katrina area, so contractors are scarcer than they were before.
Kathleen Duncan spoke regarding her problems with her insurance company and the fact that she had been ripped off by Factory Direct for $15,000 when she lost her deposit on her new home. The demolition company she hired is no longer doing business in Barefoot Bay. She petitioned the Trustees to extend the deadline in her case.
Margaret Travis commented they were able to get their money back However, because of the Katrina damage, FEMA has commissioned mobile home factories to build units for that area, which has stalled manufacture on orders for Barefoot Bay. Ms. Travis said that she’d be glad to get a home on her lot and to give the trailer back to FEMA.
Ms. McCahan made a motion to keep the September 30 deadline with hardship cases processed through the ARCC. Second Mr. Bailey.
Mr. Bolon advised residents who have problems with contractors and manufacturers to pick up a form at the COP office. A copy of the contract and a copy of the check will be forwarded to the State’s Attorney General for action.
Mr. Carillion commented that one dealer in the
Homes of Merritt volunteered to help out residents who have had problems. Scott Built and
Fleetwood would not be available through this dealer, but residents would be able to
contract for a home.
Mr. Bleau reiterated his view that the September 30 deadline be extended.
The Board requested the recording secretary to read back the motion.
Mr. Bolon polled the Board:
Mr. Bailey
Yes
Mr.
Bleau
No
Mr. Carillion
No
Mr. Helmerich
No
Mr.
Smith
Yes
Mr. Bolon
Yes
Ms. Weglein
Yes
Mr.
Glashauser No
Ms.
McCahan
Yes
Motion passed. 6 Yes 3
No
Ms. McCahan made a motion that hardship cases approved by the ARCC would not have to post a bond. There was no second. Mr. Malek reminded the Board that originally a bond requirement was attached to the September 30th deadline. Only hardship cases approved by the ARCC would be exempt.
Mr. Carillion commented the ARCC meets in the Lounge on Friday mornings at 8:45 a.m.
Mr. Bleau read from the DOR concerning what the ARCC can do, “providing, however, that any such amendment or modification, alteration or change to the regulations shall be given in writing to the Recreation District as soon as practicable after adoption by the ARCC”, and shall be available as a public document in the Administration office of the District. Mr. Bleau requested to know how many of the ARCC amendments have actually been codified and forwarded to the Administration office. Mr. Carillion commented it was a short list, and Mr. Bolon directed the list be made available in the office.
Mr. Malek presented no report at this time.
Mr. Bailey commented the budget for uniforms in July 2004-05 was $2,000 a year. In 05-06 the budget for uniforms is $4,600. This reflects a large rise in the price of services. The dartboards and the karaoke machine have been ordered, and when they are installed in the Lounge the Bay will receive a 50-50 split. Residents may buy a CD to play in the karaoke machine, bring in the receipt, and the District will reimburse them.
Ms. McCahan requested the ARCC list of amendments be brought to the next meeting of the Trustees Board.
Ms. Weglein commented the Savannah Club is putting in sew lines which will begin at Wren Circle and Bluebird Drive, going around the circle across the boulevard at Gardenia to Barberry and north to the Savannah property. There will be an important meeting in Viera on October 6. The Micco Farms rezoning is at issue. Let Mr. Hunt know if you are interested in carpooling to this meeting or phone Ms. Weglein. On October 30, the Trustees are hosting a hurricane benefit dinner for the people from the Red Cross, the Salvation Army, and the southern Baptist Convention who arrived in Barefoot Bay to help with the hurricanes. The dinner will commence on Sunday at 1 pm. The tickets will be available in Building B. Mr. Bolon commented that shut-ins should phone Building B staff and get on a list so meals can be delivered. Take-out will be available.
Nick Pandiscio {addressing Mr. Bolon}: Regarding the accident you had on I-95 with an illegal turn.
Mr. Bolon: I did not have an accident on I-95, and that is not part of any agenda. You are harassing me.
Mr. Pandiscio: The woman you had in the back seat of the car, you gave her a job. It wasn’t even posted.
Mr. Hunt: Mr. Chair, I need to respond. I need to clarify that. Mr. Bolon did not give anyone a job. I hired that individual. I hired her because of her resume. She was the most qualified person who applied for that job.
Mr. Pandiscio: She happened to be in the back seat of that car.
Mr. Hunt: I did not know that at the time, and it doesn’t make any difference.
Mr. Pandiscio: It sure does make a difference because you’re paying her $11 an hour, which comes up to $22,800 a year.
Mr. Hunt: Actually, we’re paying her $10 an hour which comes up to a little less than than that.
Mr. Pandiscio: This list from your office says $11.00 an hour.
Mr. Hunt: I believe you have the amount we were paying the last individual. Mr. Pandiscio, what I’m telling you is the lady was hired because of her resume. I don’t know anything about the accident, I didn’t hear about it, and the lady was hired on the merits of her resume.
Mr. Pandiscio: Number one, Mr. Hunt, I wasn’t talking to you. I was talking to Mr. Bolon.
Mr. Carillion: Now just a minute! Let’s have a little respect for our Community Manager! You came up here last time and said, “you have a big problem with me!”. You’re up here with your attitude now, and I’ll show you what an attitude is!!
Mr. Bolon intervened at this point and asked that the Sheriff be called. Mr. Pandiscio continued his tirade from the podium while a cell phone was located.
Mr. Hunt commented that Mr. Malek had ruled that this discussion was not part of any District business and had no place in a Board meeting.
Mr. Malek: Your comments are over, Sir. Please take your seat now, Sir.
Mr. Bolon called upon Mr. Firlein to come to the podium. Mr. Pandiscio said to Mr. Malek, “I didn’t hear what you said, Sir!” Mr. Malek replied, “Your comments are over, Sir. Please take your seat.”
Mr. Pandiscio continued to argue with Mr. Malek, refusing to be seated. Mr. Malek repeated that Mr. Pandiscio’s comments had nothing to do with Bay business and Mr. Pandiscio should take his seat. Mr. Pandiscio maintained that Mr. Bolon was a party to a “buy off”, giving a job to someone to keep her quiet.
Mr. Hunt: Be very careful, Mr. Pandiscio. You’re crossing the line! If you say “buy off” again, and you’ll be hearing from my attorney.
Mr. Bolon indicated that if Mr. Pandiscio did not vacate the podium, the Sheriff would be called to do it for him. Mr. Pandiscio vacated the podium.
Ted Firlein objects to the way the District communicates with the Code Enforcement Board. He is concerned with the safety issue of lit lampposts and brought it to the Code Enforcement department. He urged the Trustees to be stricter enforcing the DOR.
Ms. Weglein made a motion to extend the meeting past 9 p.m. Second Mr. Glashauser. Motion carried.
Roland Boaz referred to pictures appearing I the Tattler on the canal behind his house. He is concerned the junk in the canal will affect his property values. He objects to the decals on the District trucks as being frivolous.
Dawn Hawkins of the Peddler read a letter to the Board reiterating her stand on her issues with the District regarding hurricane damage to her store and the subsequent mold issue.
Ralph Berg asked Mr. Hunt if the bids were in on the golf course equipment building. Mr. Hunt replied the District is presently engineering the building.
Phyllis Guson commented on the bocce courts. She feels that when it rains the courts will be unusable. Mr. Bolon commented he had talked with the engineer about the bocce courts and they will be dealt with.
Vicky Rosso asked why there were two food and beverage managers, why there were two attorneys (one for Code Board, one for Trustees), and why the County is involved in the entrance to Barefoot Bay. Mr. Hunt replied there are not two beverage managers; the State mandates there be separate attorneys for the Code board and the Trustees; and that an artesian well went dry at the entrance to Barefoot Bay that belongs to the County and not to the Bay.
Bill Sandt reminded everyone to remember where the Bay was at this time last year and to cut some slack. The Trustees and the District have done a tremendous job putting the Bay back together.
Mr. Bolon congratulated Mr. Hunt on being able to get the District through the crunch without having to go out to bonds. Ms. Weglein commented she’s disappointed in the homeowners who continually put down the Trustees as doing “no work”. Ms. Weglein commented on how much the Trustees must do to prepare for each meeting in order to intelligently vote on issues. Mr. Bailey commented that the detractors should get their facts together instead of being willing to go public with unsubstantiated rumors.
Mr. Bolon entertained a motion to adjourn. Mr. Bleau made the motion. Second Ms. Weglein. The meeting adjourned at 9:30 p.m.
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