Minutes for January 11, 2008
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DRAFT
Board of Trustees
Meeting
Friday, January 11, 2008
1:00 p.m. – Building D&E
The Barefoot Bay Recreation District held a regular meeting on January 11, 2008 in Building D&E, Barefoot Bay, Fl. Chairperson Wilma Weglein called the meeting to order at 1:00 p.m.
Ms. Weglein requested prayer for military serving abroad, for people in the I-4 multiple crash this past week and for our country in general. We’re in trying times with the war in Iraq and Afghanistan, the economy, and the many problems the country itself is facing. We pray there will be a peaceful resolution.
Pledge of Allegiance
Ms. Weglein led the Pledge of Allegiance to the Flag.
Ms. Crouse called the roll. Mr. Ferris and Mr. Allan were excused. Mr. Repperger was present as counsel.
Approval of Minutes
Ms. Weglein entertained for a motion to approve the minutes of December 14, 2007. Mr. Farrell made a motion to accept the minutes. Second Mr. Klosky. Motion carried unanimously.
Treasurer’s Report
Mr. Guinther read the treasurer’s report. (Attached for reference.) Mr. Guinther commented the Operating Account balance of $395,958.14 is a cash balance, the amount the District actually has in the bank minus outstanding checks. Re: the SBA Debt Fund, the SBA credited the District interest in December ($2,738.03). In the reserve fund, the current balance is $147,854.92. The SBA withdrew $28,531.68 and put this amount in the “B” pool. The interest added into that account is $708.74. The SBA removed $24,737.98 from the Treasurer’s Fund, and credited $614.52 in interest. There are credits in the SBA’s “A” pool of $977,152.78. In the “B” Fund, the part that was transferred, there is now $163, 489.88. Interest for November 2007 was transferred to the “B” pool according to the SBA website. An exact balance will be available mid-January.
The District is waiting for an interest statement from Bank of America to determine the payment that will be made on the Bay’s mortgage January 31, 2008. Ms. Weglein commented the actual transfer “on the 31 account” is $28, 531.68 and the earned income was $708.74. Account $147,854.92 should be $24,737.98 transferred and $614.52 earned. Mr. Guinther said that was correct. Ms. Weglein spoke with SBA; the District can take any portion of the $658,768.59 to pay debt.
Ms. Crouse made a motion to approve the Treasurer’s report. Second Mr. Peet.
Ms. Crouse asked and Mr. Guinther explained the SBA divided the District’s money into two funds because of large withdrawals by two other entities. It was designed to keep the District’s funds available. Motion carried unanimously.
Mr. Guinther recapped revenues and expenditures for F/Y ’06-’07. When money is transferred to the SBA accounts, the sheet will show a loss of $88, 631.90. Mr. Guinther gave his email address as guinthertom@AOL.com for those who wish to ask questions.
Mr. Guinther made a motion that Ms. Weglein [as the Chairman of this Board] be allowed to create a Bank of America money market account to get better interest rather than put the District’s money into SBA. Mr. Guinther wants withdrawals subject to approval by the Board of Trustees only and not have District money affected by another agency’s withdrawals. Second Ms. Crouse.
Ms. Weglein commented the District was holding $64,000 generally paid in November to the SBA account. The money should be put into a more secure account that makes more money for the District to pay against the debt next year. $192,000 can be transferred. Mr. Peet agreed. Mr. Guinther commented the FEMA reimbursement money can also be put into the new account. Ms. Weglein said the District has signed off on the pier; according to FEMA a check in the amount of $254,063 should arrive at the end of January. The Board of Trustees agreed previously that $150,000 of that money should be returned to the SBA fund from which it was borrowed. It could also be allocated to the new account by decision of the Board. Mr. Repperger commented the Trustees Policies and Procedures might need to be revisited as to established funds and bank accounts. Mr. Peet suggested the Board consider a CD in addition to a money market account. Mr. Repperger asked the Board how it will determine where it will place the money. Mr. Guinther said the District will use the Bank of America where the District currently has accounts. Motion carried unanimously.
Ms. Weglein reminded the Board funds have to remain liquid in order to pay for Pool 1 repairs. Mr. Guinther said the purpose of the money market account is to maintain liquidity and to avoid a resolution every time the District needs funds. Ms. Crouse asked if there would be fees for transferring money in and out of the account which would be expensive for the District.
Mr. Repperger said the amount to be put into the money market account had not been voted on. The Board asked the Recording Secretary to read the previous motion. Ms. Weglein entertained for a motion to place the $192,000 in the new account. Mr. Farrell made the motion to place $192,000 in the new money market account at Bank of America. Second Mr. Klosky. Mr. Bleau said Mr. Guinther should be the one to investigate setting up the account as he is the Treasurer. Motion carried unanimously.
Add to the agenda: Unfinished Business, Diane Sauls & Vicky Hay (Weglein)
New Business: Draperies for the Building A stage. (Weglein)
Purchasing defibrillators (Bleau)
Operations procedures (Guinther)
Ms. Weglein said the propane gas people are going to check the existing meters. The Bay has to pay for this.
Audience Participation (Agenda Items Only, 3 minutes Maximum)
Ed Keeley expressed concern regarding the SDS contract especially in accountability.
Dale Page commented on Code Enforcement and the Violations Committee’s fines. Mr. Page objected to Mr. Santa Maria telling him “I can do anything I want”. Brevard County requires certification according to your status in Code Enforcement. Mr. Page talked about the word “amend” in Resolution 2007-07 (2008-01). (Mr. Repperger had previously explained nothing was being “amended” except the procedures by which Code Enforcement and the Violations Committee would enforce the existing DOR.)
Unfinished Business
Management Company Contract: Mr. Farrell recused himself from voting on Agenda Item 7a because he has applied and interviewed with Special District Services for the Community Manager position. Mr. Repperger asked Mr. Farrell if he intended to participate in the discussion today. Mr. Farrell replied that he would not.
Mr. Repperger: the whereas clauses are standard. The Community Manager definition was taken from the description used for Mr. Anderson. Section 3, Management Services, sub a.: provides a 2 year term giving the Bay exclusive renewal options subject to the same terms as the initial term. SDS wants a right of re-negotiation after a certain period of time. In Section B, SDS will hire the Community Manager. The Manager will be a “public employee” as would any other employee of the District, but be subject to SDS’s employee handbook as to leave time, etc. Section 9 contains language saying the Community Manager may not enter into contracts without the express consent of the Board of Trustees. Operations services are well defined and comprehensive. SDS may wish to speak in further detail about investment services. Section 4a says the Board of Trustees shall have the exclusive right to set policy for Barefoot Bay, determine liens, fees and assessments charged to residents, etc. There is a specific right of termination. In the event the Board of Trustees is not satisfied with the Community Manager, SDS requests a period of “cure”. If for any reason the Board of Trustees wishes to terminate SDS, a 60-day letter of notice is required which pays SDS 60 days of compensation. If SDS terminates the contract, 60 days notice is required but the District is required only to pro-rate SDS’s compensation through the date of notice. “Terminate for cause” is immediate. Because of the quasi- public-private situation, Mr. Repperger asked SDS to indemnify the District against any act or omission by the Community Manager or SDS. The Board of Trustees still has sovereign immunity. Mr. Repperger had not yet settled whether SDS should name the Bay as their additional insured. For purposes of agency, the District is covered under the current insurance policy as an agent, regardless of whether the Community Manager is employed by SDS or the District. Coverage should relate to contractual liability as an attached rider to their insurance policy naming the District as an insured.
Compensation will be plus $10,000 if the District decides to go the tax collector route on assessments. All documents SDS creates for the District are public record. Mr. Bleau referred to Section 4e, and approved giving SDS right of cure.
Jason Pierman will be the District’s Assistant Community Manager when a Community Manager is chosen. SDS requested rights of negotiation after two years with “leniency” for CPI (Consumer Price Index). Mr. Guinther agreed SDS should have the option to negotiate. Ms. Crouse commented that “logically” after two years there would be increases. Mr. Pierman accepted Ms. Crouse’s and Mr. Peet’s opinion that negotiation “at the time” is preferable to setting a percentage now. Consensus.
Mr. Pierman said from a legal standpoint the Community Manager as an SDS employee would have to conform to the SDS handbook. SDS will run that by their attorney.
Ms. Crouse, under “Scope of Services, Community Manager, Section One”: change “including the accrual and use of leave time” to “excluding the accrual and use of leave time”. Mr. Peet spoke up for Board authority to terminate if necessary. Consensus. Ms. Crouse commented “may inform SDS of inadequate performance” should be changed to “shall”. Mr. Klosky requested an evaluation of SDS (and the Community Manager) at 90 and 180 days and yearly thereafter. Mr. Repperger said the idea could be expressed as the right to review at any other time as it deems necessary as well as the concrete terms of evaluation. Consensus.
Mr. Pierman said the SDS attorneys would take a close look at the insurance indemnification clause and get back to Mr. Repperger.
Miscellaneous expenses reimbursable: Mr. Pierman said the final version came to $500 a month. Management support annually: Mr. Pierman said the figure should be $30,000, but agreed to $25,000 because that is what the Board adopted. The final amount the Bay pays is $141,000 annually; the reimbursables are variables in addition.
Pete Pimentel, President of SDS: Mr. Pimental suggested the Board keep some flexibility in the SDS contract for the “X” factor that might not work; “it’s not just money we’re talking about there”. Section 3b, Scope of Service, II: prepare for sworn testimony. Mr. Pimental said preparing for sworn testimony is very complicated and probably won’t work under the basic contract price. We would need to be compensated if we were going to be expert witnesses or have to be sworn in, have to do research with the attorneys; that’s normally something any entity gets extra for. Mr. Repperger explained the intention of the paragraph is to have a person available to the District for this purpose to the extent necessary. Financial services, Item 1c: Mr. Pimental explained SDS would not prepare the audit; he wishes it clear that the District will hire an independent audit firm. Budgeting: Mr. Pimental said SDS is prepared to implement what is currently in place. If for any reason “down the road” the District decides to implement a program that requires an assessment to be re-evaluated and a report prepared, SDS would charge extra for that. Section 7e, Compensation, Miscellaneous Expenses: Mr. Repperger directed attention to Compensation for additional services covered under Section 2, Task 7. Mr. Pimental reiterated that the two items he addressed regarding additional services needed to be put into the contract as “negotiable”. Mr. Pimental commented that with two Trustees meetings a month, SDS, in effect, would be evaluated every two weeks. When something is brought up at a meeting, he expects it will be adjusted by the next meeting.
Purchasing, Section III, 6b: Mr. Pimental addressed bid documents for various professionals, construction and maintenance services. SDS is not equipped to do the District’s construction specification documents. Any construction must be handled by a professional engineer. Mr. Pimental requested that provision be removed from the contract. Mr. Repperger clarified that SDS could shepherd the RFP process. Mr. Pimental agreed.
Administrative and Management Services, II Section 3: Provide minutes no later than 30 days. Mr. Guinther commented 30 days out wouldn’t be adequate. The minutes should be done between meetings. Mr. Pierman commented SDS expects to use District staff already in place.
The Board of Trustees and SDS expect their start date will be February 1, 2008.
Resolution 2008-1 (formerly 2007-7)
Mr. Klosky made a motion to table discussion of Resolution 2008-1 because two Trustees are not in attendance. Second Mr. Bleau. Mr. Repperger said, “With the understanding that tabling it again pushes Code Enforcement’s meeting back. But we’ve done it twice now, and if it is the pleasure of the Board, that’s the pleasure of the Board.” Mr. Guinther was unable to bring forward edits to Resolution 2008-1 under the motion to table. Motion carried. Mr. Guinther was opposed.
Independent Contractors, Accounts Receivables
Ms. Weglein asked Diane Sauls to get the District’s payables up to date and classified by department. Ms. Sauls worked on the liens and delinquent accounts; she arranged agreements with residents who could not pay arrears in a lump sum. Ms. Hay is working on receivables. Ms. Weglein proposed extending the contracts with Ms. Sauls and Ms. Hay.
Discussion resulted in a motion to extend by Mr. Klosky, seconded by Mr. Bleau that was amended twice to read thus: Mr. Klosky made a motion to extend the contracts to March 14, 2008 at their present salaries. Second Mr. Bleau. Motion carried unanimously.
New Business
Ms. Weglein commented the District is responsible for Building A. Anything installed in it must be approved by the District. Marge White procured four bids to replace the theater drapes. A homeowner referendum approved money to pay for the drapes. That money is given to the District, a check issued, and the contractor paid. Marge White commented there is no permit required for replacing the drapes. Mr. Farrell made a motion to proceed. Second Mr. Peet. Motion carried unanimously. Ms. Weglein obtained consensus to sign the contract for installation of the drapes.
Mr. Bleau and Ms. Weglein agreed the District’s defibrillators are antiquated. Bill Sayles commented on new-style defibrillators that can be used by persons who are not CPR trained. Brevard County has a program piggybacked onto a national contract to get a good deal on the defibrillators. Mr. Sayles said a municipality could “piggyback” onto Brevard County. The defibrillators cost $1,195 each. Mr. Repperger commented Barefoot Bay is a special district, not a municipality; however, any agency should be able to piggyback with Brevard County on this issue. Ms. Weglein said she would check with Brevard County to be sure of our access.
Mr. Guinther requested a “breakout” of motions from Board minutes in a separate document which will be distributed to each Trustee. Ms. Crouse suggested the list of motions be used as a “tickle file” by the Community Manager; she commented it is the Community Manager’s responsibility to bring this type of business to the Board. Mr. Guinther made a motion to include “all of the above”. Second Ms. Crouse. Motion carried unanimously.
Mr. Guinther made a motion requesting department managers be required to attend the first Board meeting of each month. Second Ms. Crouse. Mr. Repperger advised that with the advent of SDS and a Community Manager by February 1st, the managers would no longer be required to attend meetings because District reports are the Community Manager’s responsibility. Mr. Guinther removed his motion. Ms. Crouse removed her second.
Violations Committee
Mr. Guinther commented that because the Recording Secretary had not been notified of the cancelled hearing on January 9th, he scheduled his time to be there, and found a notice of cancellation on the door. Ms. Weglein noted she had found out about it from the calendar that is routinely produced in the Calendar Coordinator’s office.
Ms. Weglein asked if memorandums could be sent to the Board members for consideration to shorten discussions at meetings. Mr. Repperger reminded the Board the memorandums should be routed through the Administrative Assistant and distributed as usual. There should be no direct communication among the Board members. Communications about thoughts and that kind of thing are against the Sunshine Law.
Ms. Weglein’s Report
Ms. Weglein heard from Frazier Engineering on December 14, 2008 regarding the Egret and Dottie Lane weirs. She sent them another email.
Pool 1 is officially closed Tuesday, January 15, 2008. The Lounge will still be open. A cell phone has been substituted for the stationary phone to allow mobility.
60 of the long tables used in various buildings are damaged. Of the 60, 12 tables were replaced in 2007 at a cost of $2422.55. The tables need to be replaced on a regular basis a few each year.
Ms. Weglein said the District pays the telephone bill for the Veterans, the Tennis courts and at the Softball field. The cap for the ball field will be paid every quarter and includes the phone bill. Ms. Weglein feels the Trustees should look into this situation as it is not fair to other organizations.
Attorney’s Report
Mr. Repperger said “because of the tabling of the resolution today” the Violations Committee scheduled for next week will have to be tabled; at least any substantive issues.
Mr. Repperger spoke with Mr. Tuten of Brevard Pools today. Their bond issues are being forwarded to Ms. Weglein. Mr. Tuten anticipates the work will take a month weather permitting.
The Barbour complaint is proceeding and will likely require an Executive Session at some point.
Charter changes that passed in January are on the Brevard County Commissioners agenda January 22, 2008 for formal adoption by the County Commissioners. Mr. Repperger will then take it to the Supervisor of Elections.
Managers Reports
Sonny Raponi, Food and Beverage Manager: Budweiser installed the new beer cooling system. New Year’s and the street dance were well attended. The 19th Hole’s new menu is working well.
John Morris, Maintenance: Pool 1 will be closed for 4-6 weeks. Complete Electric will hook up the lights where necessary. Glover Oil took the fuel tanks from the golf course. Maintenance completed the new stairs at F Building, power washed the roof, and will Kool seal it. Maintenance wants to paint Building F with the paint that was originally bought for the Lounge. It’s green; after discussion, the Board gave consensus to paint it with the green paint we already have. New bushes were bought for Pool 2. Tiles in the men’s bathroom at 19th Hole need to be replaced. Maintenance will bring the bids for stucco on the Lounge to the Board. It may be necessary to borrow One Source’s cherry picker to replace the flag. The pool hosts were asked to put requests for first aid supplies on the pool host reports. The riprap at Dottie Lane weir is moving more; the issue needs to be address before the weir fails in a hard rain. The canal culvert belongs to Brevard County; Mr. Peet said there is trash in the culvert.
Jim Kormondy, Golf: Golf members have priority for tee times. The golf course is in very good condition. The Veterans’ Council sponsored a tournament; 163 golfers entered to play. The Over 80 tournament is scheduled January 25th. December, 2007, 16 teams played in the Junior Tournament. At Hole #5 the lake bank is falling in; the resident who’s property backs up to it is concerned. Mr. Kormondy will get bids soon to fix the banks.
Trustee Liaison Reports
Mr. Peet reported on the ARCC. He has been checking on the canals.
Mr. Klosky is waiting on RV paperwork from Mr. Ferris. He will give a complete Shopping Center report at the next meeting.
Ms. Crouse reported the HOA meeting was last Thursday night. Sue McCahan is President, Pat Clark is 1st Vice President, Sandy Meyer is 2nd Vice President, Sue Reddy is Secretary, Fred VanWort is Treasurer, and Ann Petrovich is Sergeant at Arms. Lillian Richards and Dick Gee were elected to 3 year terms; Betty Bartkowiak was elected to a 2 year term; Nancy Eisele and Marge White were elected to 1 year terms. The theater drapes referendum passed. “Introduction to the Clubs” is scheduled for January 26th outside Building A. February 12th HOA swears in its officers. Helen Voltz, Commissioner, spoke last Thursday regarding the waste management contract.
Mr. Guinther reported a recent incident at Pool 1. A doctor who was visiting performed CPR until emergency personnel arrived. $3,000 of the $7,000 voted for Barefoot Bay Recreation District computers was spent on a 2-year Dell service contract. Agenda item for next meeting: ACH deposit forms to encourage residents to sign up.
Audience Participation
Jeanne Osborne: Ms. Osborne wants the District to obtain 5 defibrillators. She says she’s sure the District can piggy back on Brevard County.
Ms. Weglein commented Richard Phillips volunteered to fix the event sign at the road in front of 625 Barefoot Boulevard. Maintenance will trim foliage around it. Robin Phillips commented she got $500 from the Oldtimers Tuesdays and Thursdays golfers for the Youth Club and $610 from the Trustees. She wanted to be sure no one thought the Youth Club got $2200.
John R. Smith, Sr.: Mr. Smith commented the theater drapes were originally $13,000 and the District paid for them; the original electric motor didn’t last long. He said Kiwanis put up the awning in front of Building F and donated it to the District.
Adjournment
Ms. Weglein entertained a motion to adjourn. Mr. Klosky made the motion to adjourn. Second Mr. Peet. The meeting was adjourned at 4:35 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