Minutes for August 28, 2007
Back to Home Page
DRAFT
The Barefoot Bay Recreation District held a regular meeting on August 28, 2007 in Building D&E, Barefoot Bay, FL. Chairperson Wilma Weglein called the meeting to order at 7:00 p.m.
Ms. Weglein requested a silent prayer for all our servicemen and veterans around the world, especially those serving abroad in dangerous areas.
Ms. Weglein led the Pledge.
The Recording Secretary called the roll. Mr. Bleau was excused. Mr. Repperger was present as counsel.
Ms. Weglein entertained a motion to accept the minutes of July 24, 2007. Ms. Crouse requested a typographical error be corrected on Page 3 of 8 under “Unfinished Business”. Ms. Crouse made a motion to accept the minutes as amended. Second Mr. Klosky. Motion carried to accept the minutes as amended.
Ms. Weglein entertained a motion to accept the minutes of August 10, 2007. Ms. Weglein requested the word “Trustees” be added after the word “District” on page one. Mr. Klosky made a motion to accept the minutes. Second Ms. Donahue. Motion carried to accept the minutes as amended.
Ms. Donahue read the report. (Attached for reference.) Ms. Crouse commented payroll on August 9th was $43,134.42; taxes $12,903.97. The payroll on August 23rd was $38,353.52 with $12,685. The payroll taxes aren’t in line with payroll expenses. She said she will verify that with the Accounting Department. Ms. Crouse made a motion to accept the Treasurer’s report. Second Mr. Allan. Motion carried unanimously.
Mr. Klosky added Code Enforcement night patrol and Hurricane Preparation to the agenda under New Business. Items C & D. Ms. Donahue added pools under New Business, Item E. Mr. Repperger commented his recollection of the resolution amending the agenda was one item per person. Ms. Weglein agreed; in the future, one item per person.
Ms. Crouse made a motion to place Wilma Weglein and Michele Donahue as signatories on the District’s safety deposit box. Second Mr. Ferris. Motion carried unanimously.
Ed Keeley took umbrage with the fact the District did not appoint an Interim Community Manager.
Walt Meyer read from a document that sounded like Code Enforcement of Conduct for the Trustees. Mr. Meyer referenced the Charter resolution 84-05. Mr. Repperger commented the Trustee Rules the Board currently operates under were adopted in Resolution 2007-3; all resolutions and parts of resolutions in conflict herewith are hereby repealed.
Walt Meyer produced a copy of the minutes from July 27, 2004 concerning assessment fees and the process by which they are collected if delinquent. Ms. Weglein told Mr. Meyer the financial difficulties facing the District, including the collections, were the job of the Community Manager in charge; most of the residents object to the Board “micro-managing”. It became very apparent Mr. Meyer couldn’t have it both ways. Day-to-day operations are not the Board’s job.
June Lane commented that all candidates being considered for employment should be willing to stand before the Board in person to be interviewed. Ms. Lane felt the Board should give itself the ability to hire and fire employees in general.
Dale Page thanked the Trustees “who stayed on and are bucking the tough issues”. Mr. Page said how anyone could attack Wilma, who works hour after hour for the Bay, is beyond him. Mr. Page commented to Mr. Meyer, “You get up here and complain and complain and complain, but I haven’t seen you run for Trustee yet! Let’s not quarterback what’s going on up here.”
Ms. Weglein called for nominations for First Vice-Chair. Ms. Donahue nominated Rob Allan. Mr. Allan declined the nomination. Mr. Allan nominated Louise Crouse. There was no second. Mr. Klosky nominated Mr. Bleau. There was no second. Ms. Crouse nominated Mr. Ferris. Second Ms. Donahue. Motion carried unanimously. Ms. Donahue nominated Ms. Crouse for Secretary. Second Mr. Allan. Motion carried unanimously.
Mr. Allan suggested placing an ad to get responses from Community Manager candidates and management companies. Ms. Crouse does not wish to wait “another two weeks for the next meeting”. After discussion among the Board, Mr. Repperger suggested the Board direct Mr. Allan to provide current ads the District has used and use the work shop or special meeting to add input.
Ms. Donahue made a motion to have Rob Allan look for ads the Board needs to be placed in the newspaper and have him deliver copies to Barrie for distribution to the Board individually for their review as to the scope of the ad which will be discussed by consensus at the next meeting. Second Ms. Crouse. Motion carried unanimously.
The Board moved the special meeting to September 6, 2007 at 5 p.m. in Building D&E. The special meeting will be first; the workshop on the Trustees Policies and Procedures will follow.
Ms. Crouse referred to the request for proposal supplied by District Management Services. She wished to delete reference to “district engineer”, “landowner meetings”, “and landowner elections”. Terminology needs to be changed to reflect Barefoot Bay. Ms. Crouse made a motion to also review the rfp District Management Services provided for implementation. Second Mr. Klosky. Motion carried unanimously.
Mr. Repperger provided the Board with a set of 12 ballot questions (charter amendments). Historically the document came to Mr. Repperger via Mr. Torpy’s office and supposedly reflects what the Board finally approved; it doesn’t synchronize with what Mr. Repperger gleaned from Board minutes as they were approved. The County Commissioners on September 11th will set forth the ballot questions that will be voted on in November. Attached to their resolution are the specific Charter changes. Mr. Repperger ‘s reading of the 12 questions indicates [to him] that although there was a “legislative fix”, an exemption that was granted in this legislative session by way of HB 1157 for you for certain specific questions that were in conflict with 418, there are still some ballot questions that are in conflict with 418.
Question #1: a change to Article V, Section II of the Charter. The Legislature granted a specific exemption to allow Board membership reduction from 9 to 5. The change would take effect in 2008, not 2007. Mr. Allan made a motion to change the Charter question to read “November 2008”. Second Ms. Donahue. Motion carried unanimously.
Question #2: a change to Article IV, Section III of the Charter. Mr. Repperger read from the section of F.S. 418.302 that was in conflict. Mr. Allan made a motion to eliminate Question #2. Second Mr. Klosky. Motion carried unanimously.
Question #3: a change to Article IV, Section III of the Charter. Mr. Klosky made a motion to eliminate Question #3. Second Ms. Crouse. Motion carried unanimously.
Question #4: a change to Article IV, Section III of the Charter. F.S. 418.302. sub 2 provides for notice of the election to residents containing names of candidates 15 days before the election. Mr. Allan made a motion to eliminate Question #4 from the Charter amendment. Second Mr. Klosky. Ms. Crouse wished to eliminate the name “Indian River Press Journal” and say “newspaper of general circulation within Barefoot Bay”. Motion carried. There was one no.
Question #5: it should read a change to Article V, Section III. The intent of this section is to begin to decrease the number of Board members in the 2008 election. Currently this question doesn’t specify by how many. Duration of a term cannot be changed to 3 years because length of term is spelled out in 418. The question must be phrased to adequately describe the process of attrition. Ms. Weglein said the intent is to get away from the seat designations. Mr. Repperger clarified his understanding: beginning with the 5 seats open in 2008, the 3 highest vote getters would fill Trustee seats. This produces a 7-member Board. In the 2009 election there will be 4 seats open and the 2 highest vote getters would fill those slots reducing the Board to 5. Ms. Crouse suggested combining Questions #1 and #5 to eliminate the possibility of one or the other not passing. Mr. Repperger said #1 should read “shall the Charter be revised to change the number of members of the Board of Trustees from 9 to 5 by attrition over the next three elections beginning with the election in 2008 by the following process: beginning with the election held in November 2008, qualified candidates may run for the Board of Trustees with the highest vote getters filling three vacant seats; for the election of 2009 the candidates receiving the highest number of votes in descending order shall be elected to fill the respective two vacant seats.”
Mr. Allan made a motion to accept the wording as read by Mr. Repperger. Second Ms. Crouse. Motion carried unanimously.
Question #6: Mr. Allan made a motion to eliminate #6. Second Ms. Crouse. Motion carried unanimously.
Question #7: Mr. Allan made a motion to eliminate #7. Second Ms. Donahue. Motion carried unanimously.
Question #8: Ms. Crouse made a motion to eliminate #8. Second Mr. Allan. Motion carried unanimously.
Question #9: a change to Article IV, Section 13 of the Charter. Mr. Repperger read the exemption the Legislature granted the District: HB 1157, Section II – Notwithstanding Section 418.304 Sub 13 F.S., the Brevard County Commission may amend the charter of the Barefoot Bay Recreation District subject to approval of a vote of the electors of the District pursuant to Section 418.30 F.S. to allow the Board of Trustees of the Barefoot Bay Recreation District to enter into contracts involving the purchase, lease, conveyance, or other manner of acquisition of common real or tangible personal property; however, in any instance when the cost, price, or consideration exceeds $125,000 including all obligations proposed to be assumed in connection with the acquisition, then such a contract may be entered into only if 1.) The Trustees by a 2/3 vote have approved the terms and conditions of such acquisition by written resolution; 2.) Within less than 30 days, nor more than 60 days, after the date of the resolution the Trustees certify the resolution to the Supervisor of Elections for the County for a referendum election and 3.) the resolution is approved by a majority vote of the qualified electors of the District voting in a referendum called for the purpose of considering the resolution.
Mr. Repperger explained the Legislative exemption was specific as to “2/3 majority” which means a 4-person affirmative vote. Mr. Allan made a motion to accept Question #9 as written. Second Mr. Klosky. Motion carried unanimously.
Question #10: Mr. Allan made a motion to not accept Question #10. Second Mr. Klosky. Motion carried unanimously.
Question #11: Ms. Crouse made a motion to eliminate Question #11. Second Mr. Allan. Motion carried unanimously.
Question #12: Mr. Allan made a motion to eliminate Question #12. Second Mr. Klosky. Motion carried unanimously.
Mr. Repperger: You have now approved Question 1 as amended; #9 as phrased. The action taken tonight is completely consistent with what was granted to you by way of the Legislature by way of HB1157. You have done exactly what the Legislature expected you to do pursuant to their changes.
The discussion returned to Question #5. Mr. Repperger recommended it read “ beginning with the election held in November 2008 qualified candidates may run for the Board of Trustees with the highest respective vote getters in descending order filling all vacant positions”. Ms. Crouse made a motion to return #5 as amended to the Charter revisions. Second Mr. Allan. Motion carried unanimously. Mr. Repperger commented these would be forwarded to Brevard County attorney’s office for inclusion in the September 11th County consent agenda.
Regarding the McCool case, Mr. Repperger requested the Board of Trustees go into executive session for strategy purposes. The Board of Trustees, Mr. Repperger and a court reporter will attend. Notice of the meeting will appear on the next agenda; the notice in the Press Journal will contain the Board of Trustees individual names. Ms. Crouse made a motion to refer to Mr. Repperger’s request for Executive Session to be scheduled in a room consistent with executive session requirements at such time as determined. Second Ms. Donahue. Motion carried unanimously.
Ms. Crouse made a motion to renew with Health First as the District’s employee health insurance carrier. Second Mr. Allan. Motion carried unanimously.
Ms. Donahue asked if Pool 2 could stay open until 10:00 p.m. until September’s end. Discussion ensued that ended with Mr. Allan making a motion for which there was no second that the pools close at regular times. (Ms. Donahue was excused at 9:00 p.m.)
Mr. Klosky asked if Mr. Ingardia’s shift could be split so the time from 9 p.m. to 12 midnight might be covered to curb vandalism. Ms. Weglein added that complaints have surfaced that the District buildings are not locked properly at night. Mr. Austin commented Code Enforcement officers primarily protect the assets of Barefoot Bay; they are not certified security. In November 2006 Code Enforcement staff was severely cut; Administration made a decision there would be daytime patrol only. Mr. Austin said he could work it out with Mr. Ingardia to cover an evening shift. Mr. Repperger commented the Board can voice its wishes as a motion. Mr. Allan made a motion to let Mr. Austin “run his department as he sees fit” until such a time as the District has a Community Manager in place. Second Ms. Crouse. Motion carried unanimously.
Mr. Klosky requested hurricane storm shutters; the amount they’ll cost is $10,442. Ms. Crouse responded the Shopping Center can pay for shutters from their budget; said galvanized shutters cost $1,000 less. Mr. Allan commented a price should be determined and competitive options discussed. Mr. Ferris asked that the shutter issue be tabled until the next meeting to give the Board time to ascertain the District’s financial status.
Ms. Weglein commented canal bids may have to be considered in the near future. Mr. Reilly gave her a bid from Emerson Agricultural Services. Ms. Crouse understood Brevard County was responsible for ditches. Ms. Weglein said the District is responsible for slopes entering canals, but the District doesn’t have the equipment necessary to keep them clean. Currently the slopes look worse because of drought. Mr. Reilly will contact the District’s company that sprays vegetation.
Ms. Weglein gave a report on her meeting with FEMA. Ms. Weglein collected several documents FEMA needed to close the Pier project; then they will release the money due the District. FEMA agreed to pay for Frazier’s engineering on the maintenance building, about $20,000. The District must apply for funds for the maintenance building. Jim Reilly has been tasked with getting prices for the green building at the golf course. FEMA may possibly pay for that.
Ms. Weglein said she had received letters of interest for the two vacancies on the Board of Trustees but no resumes. She wanted to wait until Ms. Donahue is present to discuss it in depth. Mr. Allan’s opinion is that with the election so close selecting candidates to fill the Board vacancies gives those incumbents an unfair advantage should they decide to run in November. Mr. Repperger advised that Trustee rules read “an interim replacement of a Trustee shall be made by remaining members of the Board as provided for by Section 4 Article V of the Charter; and such selected member shall be seated at the next regular meeting.” Ms. Weglein agreed to invite candidates who wrote letters to interview at the next meeting. Ms. Crouse made a motion to ask all candidates for Trustee to appear at the next regularly scheduled meeting for an interview and decision at that point. Second Mr. Klosky. Motion carried unanimously.
Ms. Weglein sought permission from the Board to send the District financials out with the coupon books. Mr. Allan made the motion to send the financials with the coupon books. Second Ms. Crouse. Motion carried unanimously.
Ms. Weglein commented Mr. Alford provides a daily bank reconciliation so Ms. Weglein knows how much money is in the bank account available to spend. There is also a list of checks and outstanding checks. One of the problems is short cash flow due to messed up receivables. However, people are starting to pay up. The Home Depot bill was over $61,000. Ms. Weglein sought permission to speak with the auditors. Mr. Allan feels an audit is prudent. Mr. Allan made a motion to have an audit review performed. Second Mr. Klosky. Motion carried unanimously. Mr. Repperger advised the Board to have a scope of services ready when contracting for the audit.
The Board and Mr. Repperger discussed the scope of services in the Temporary Accounts Receivable contracts regarding Diane Sauls and Vicky Hay. Mr. Repperger contacted Paul Dawson of PRIA for insurance coverage and received a reply indicating their presence would not increase liability for the Bay. PGIT, the carrier, would not extend coverage to the independent contractors. Mr. Klosky made a motion to accept the independent contract; if bonding is necessary it will be handled at a later date. Second Ms. Crouse. Ms. Weglein will present the contract to Diane Sauls and Vicky Hay; she received permission from the Board to have them sign if they were satisfied. Mr. Repperger said it was approved in concept by the Board, and would take effect when signed by the principals. Motion carried unanimously.
Mr. Repperger said there is a requirement the Board must ratify any actions taken at an emergency meeting (August 14, 2007). Mr. Allan made the motion to ratify. Second Ms. Crouse. Motion carried unanimously.
Weir issues: Mr. Repperger recounted the Travelers Insurance Company has advised the add on solution to the weir fix will work. Frazier has been paid. Mr. Allan said there must have been a “life expectancy” of the weirs, some guarantee. He is concerned the repair may fail. Ms. Crouse concurred; the District needs an independent engineer to review the plans and make a determination for us. Mr. Allan made a motion that Mr. Repperger come back to the Board with prices for an independent engineer. Second Ms. Crouse. Motion carried unanimously.
Mr. Ferris reported Maintenance has dug out and graded both sides of the entrance into the Micco Road storage area. Access and egress from the Micco Road side of the compound has not been closed off yet. Location of the dumping station precludes adding two more spaces there. Emergency egress may be accomplished by a lock box available to the Fire Department.
Mr. Klosky reported Home Owners Association is hosting the first Board meeting on September 4th at Building D&E at 7:30. The Executive Meeting is September 11 at Building A at 7:30 p.m.
Mr. Allan asked the Board to appoint John Atta as an Alternate to the Violations Committee. Mr. Allan made the motion. Second Ms. Crouse. Motion carried unanimously.
Ms. Crouse reported the entrance ramp at Building F has been leveled and repaired. Golf course restrooms at Hole 16 are repaired. At Hole #6 the repairs for the bathrooms there have gone out for pricing. There are golf cart maintenance issues. Maintenance is painting columns at Pool 1. Neighbors are complaining about noise at the storage compounds early in the morning. Stucco at the Lounge is out for bid. Hurricane shutters are in discussion; Mr. Reilly will secure 3 bids where possible. Ms. Crouse commented there is some discussion about who has authority to shut down the pools during lightning and thunder; perhaps a warning system such as schools use.
Ms. Weglein reported ARCC will have its first meeting in three weeks on Friday August 31 at 9:00 a.m. in the Lounge. Mr. Ferris checked out the modular homes in Okeechobee. Food and Beverage asked if they could restore music to Wednesday and Saturday nights beginning in October. Ms. Crouse asked to wait for accurate budget figures; Food and Beverage is currently over their budget for this year. The bands charge $225-$250. Ms. Weglein said Mr. Raponi is planning another steak night for September. Mr. Ferris asked for a financial report on the steak night.
Joyce Sweeney thought she might not get a financial statement either since she direct pays her assessment fees and does not receive a coupon book. Ms. Sweeney complimented Mr. Raponi on the steak night; the teens who served dinner were courteous and efficient. Ms. Sweeney feels shortchanged when the Bay favors the snowbirds over the year round residents in the matter of street dances. She said Lori Powell conducted a civil meeting of the Citizens Group, but did not see any Trustees there.
Ed Keeley approved that the Board of Trustees cut the ballot questions to three. He thought it was a waste of time to appoint new members to fill the vacant Board seats. Mr. Keeley also criticized the financials, or lack thereof. Ms. Weglein replied there have been financials in recent months, and filling the vacant seats happens to be a Charter matter the Board is required to do.
Jeanne Osborne thanked the Board for moving forward and getting the Charter questions on the ballot for November. Ms. Osborne said Ben Graham and Wilma Weglein put in a “tremendous” amount of hours putting the amendments together. Ms. Osborne urged everyone to put the “volunteer” flap to rest.
Ms. Weglein entertained a motion to adjourn. Mr. Klosky made the motion to adjourn. Second Ms. Crouse. The meeting was adjourned at 10:17 p.m.
Louise Crouse, Secretary Barrie Jenkins, Recording Secretary
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