Minutes for January 23,
2007
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DRAFT
Board of Trustees
Regular Meeting
Tuesday, January 23, 2007
1:00 p.m. – Building D&E
Chairman John Keegan called the meeting to order at 7:00 p.m.
To keep in mind all the veterans in our community who have served and sacrificed for their country over the years. Especially the families of the 25 service people who were killed in Iraq over the week end.
Mr. Keegan led the pledge of allegiance to the Flag.
Mr. Keegan called the roll. Ms. McCahan was excused. Mr. Malek was present as counsel.
Mr. Keegan stated that Mr. Bailey had resigned as Chairman of the Board of Trustees. In accordance with the Charter the First Vice Chairman assumes the duties of the chairman until the end of the term. Mr. Keegan thanked Mr. Bailey for his service to the Board. Mr. Keegan said Mr. Bailey had “his heart in it” for many years. Mr. Keegan pledged to uphold the best interests of Barefoot Bay so it can continue to move forward. With the support and confidence of his fellow trustees, Mr. Keegan believes [we] can accomplish that mission.
Mr. Keegan asked the Board to affirm that his perception of the ascendancy of First Vice Chairman to Chairman is correct. The Board concurred unanimously.
Mr. Keegan commented there is no provision in the Charter for ascendancy in the First Vice Chair. Mr. Keegan called for nominations.
Ms. Donahue nominated Mr. Allan. Second Mr. Allan..
Mr. Klosky nominated Ms. Weglein. Second Mr. Ferris.
The recording secretary distributed ballots. The vote was 4 Ms. Weglein, 2 Mr. Allan. Ms. Weglein was seated as First Vice Chair.
The Charter states a vacant member seat must be filled immediately. Mr. Keegan invited interested persons to submit resumes by February 23rd; the Board will interview candidates and vote on February 27th. Mr. Keegan said “these are not power positions”. He would like to see people come forward who want to “give back to the community” and help Barefoot Bay move on.
The Board agreed to forward the minutes of January 12th – work shop and regular meeting – to February 9th for approval. Mr. Keegan commented the minutes should record only
what was done and what was voted on and who voted. In the future, the minutes will reflect that. If anyone wants verbatim, obtain a copy of the tape and listen to it. There were no objections.
Ms. Donahue read the Treasurer’s report. (Exhibit A) Mr. Bleau made a motion to accept the report as read. Second Mr. Allan. The Treasurer’s report was accepted unanimously.
Ms. Weglein asked what the check to Frazier was for. Ms. Daddario responded the check for the next to last payment on the pier was originally written to Frazier, then voided and written to Raff.
Mr. Bleau explained to the Board the correct format the agenda should take. The recording secretary made note of this and will perform accordingly in the future. Mr. Bleau read Mr. Bailey’s letter of resignation. (Exhibit B)
Mr. Torpy took the podium and complimented Ms. Daddario saying she is making good decisions and working hard. He urged the Board to hold a workshop to clarify what their goals and objectives vis-ŕ-vis a community manager are, which should result in a job description and a resolution. The most important management issue in Barefoot Bay is public money. The DOR is in place to make sure residents adhere to the rules of living in Barefoot Bay. Mr. Torpy acknowledged the Board had hired Ms. Daddario and given her a salary. The workshop will be to define the Board’s expectations in terms of measurable goals and standards. Then the contract issues can be negotiated with Ms. Daddario.
Mr. Bleau stated, “I believe we come under the Brevard County Home Rule. Isn’t that correct? As amended in November 5, 2002.” Mr. Torpy: “I hate to do this to you Mr. Bleau, but specifically what do you mean? The Home Rule has a lot of aspects to it.” Mr. Bleau replied he was referring to the fact the Community Manager is appointed and serves at the pleasure of the Board. Is responsible for administration of all affairs. The Board, except for the purpose of inquiry and information are expressly prohibited from interfering with the performance of the duties of any employee (and that also means the manager) who is under the direct and indirect supervision of the manager. Such action shall be malfeasance. Mr. Torpy: “If you could say that with music in the background, I’d be happier, but . . . . . . . Mr. Bleau: then it says within the meaning of Article IV, Section 7a, of the State Constitution.” Mr. Torpy: The Barefoot Bay Recreation District has adopted a strong manager form of government. Your manager has the authority to manage. There are limitations. With respect to any one of the 9 members of the Board, your ability to interfere with your Manager, you don’t have it. What is supposed to happen in your world is the 9 of you sit together and develop policy. Then you direct that policy to your manager and your manager handles it. You can fire managers, you can fire attorneys every day, that’s your prerogative. Someone’s got to implement your policies, and if they’re trying to implement your policies and they’re getting four and five visits a day, by one of their bosses telling them what they personally want, how do you have time to work?? So that, Mr. Bleau, is a very important issue to me. That has been a very important problem in Barefoot Bay from the manager’s chair. You are absolutely correct. You have delegated much of your authority to your manager. Not all. And substantially not contract issues: this Board needs to review them all and authorize signing them all. There is confusion about who interacts with the employees, and that needs to be cleared up. To the degree you just read as the policy, you’re absolutely right. You may amend policy, but this Board has not done it.
Mr. Ferris looked up the definition of manager in the dictionary and said he prefers to let that definition guide the Board in their goal seeking.
Mr. Keegan commented if the Board is going to wait until the workshop and come up with a resolution and a job description, it is necessary to make a motion to extend Ms. Daddario’s present work agreement. Ms. Donahue made a motion to hold a workshop as soon as possible. Second Mr. Allan. The Board concurred unanimously.
Mr. Torpy acknowledged Ms. Daddario was hired in good faith. He said he is only interested in making the arrangement work as it should. Mr. Bleau made the motion to extend Ms. Daddario’s current work arrangement for one month beyond February 18th, 2007. Second Mr. Klosky. Ms. Daddario agreed to the extension. Motion carried unanimously.
Mr. Ferris requested that any salary differential in Ms. Daddario’s upcoming contract be made retroactive to February 18th, 2007. Mr. Keegan commented Ms. Daddario requested that accrual of sick and vacation benefits be made retroactive to October 18th, 2007. Mr. Keegan said this consideration could be discussed on February 27th.
There were none from the audience at this time. Mr. Keegan added a new item to the agenda format: Item 6B. Look Forward Barefoot Bay (Concepts Only, No Discussion 3 Minute Maximum) It is intended to give the residents a chance to express a concept they wish the Bay to look into. Some examples might be a contract with a cable TV company to be in Barefoot Bay and perhaps provide reduced rates; perhaps our own studio for community programming; perhaps to investigate an assistant living facility for Barefoot Bay residents only which could be built at no cost to the Bay on a portion of the unused land owned by Barefoot Bay. This would permit residents to be a part of Barefoot Bay in their later years.
There was none at this time.
958 Laurel Circle: Mr. Austin reported that on December 13, 2006 the Violations Committee found in violation of the Deed of Restrictions that there was no carport and no covered patio. The owner obtained a permit which prevented an accumulation of fines which was later cancelled. The owner has been informed he may petition the Board of Trustees for reduction of fines accrued after the property is in compliance. Mr. Austin recommended the Board deny the request for reduction of fines at this time. Mr. Bleau made a motion to deny. Second Ms. Weglein. Motion carried unanimously.
858 Pecan Circle: Mr. Austin reported that on December 13, 2007 the Violations Committee found in violation of the Deed of Restrictions that there was no carport and no covered patio at this property. Mr. Austin recommended the Board deny the request. Jerry Hopkins, the owner, appeared and explained that he had not been able to obtain a final survey on his property until recently. He asked the Board to extend his compliance date one month. Mr. Malek commented the Board is only empowered to determine whether or not the Violations Committee erred in its decision. The Board is empowered to reconsider the time to come into compliance and can send this case back to the Violations Committee with instructions to extend or to keep the compliance date the same. Ms. Weglein made a motion to approve a month’s extension of the compliance date; to send the case back to the Violations Committee with instructions to extend. Second Mr. Klosky. Motion carried unanimously.
Mr. Keegan introduced “our new Community Manager, Grace Daddario.” He said what she has done is “nothing short of brilliant”. Ms. Daddario found it necessary to make 375,000 data entries into the financial system going back to September 2005. Mr. Keegan requested a comprehensive report on where she stands tonight.
A. The pier is due to open the first week of February.
B. Frazier is getting pricing information regarding the weirs. They are still haggling over who pays. But the Bay doesn’t.
C. Pool 2 resurfacing has begun. Residents chose the new color.
D. NIDY Company is completing the shuffleboard courts.
E. Work on the tennis courts should commence in March.
F. As of the 22nd, revenue for Food and Beverage was $31,454. Projection was $40,000 for the month, which is $10,000 higher than was projected in the budget.
Ms. Daddario reported the financials are about 90% complete. She’s looking for the documentation to identify and post transactions that appear on the bank statements. The process has involved going through piles and boxes of items that have not been properly filed. In addition, several deposits are missing documentation necessary to correctly apply the customer’s cash to the correct account or to a revenue account. Against a 5 million dollar revenue budget, staff has posted 4.8 million in receipts. There is about $742,000 worth of revenue staff is working to identify. On the expense side, there are about 200 debit items staff is trying to identify and enter into the system. Payroll must be reconciled to produce W-2’s. Throughout the year there have been numerous errors in that area. Ms. Daddario has out – sourced payroll to PayChex. They will pay Federal taxes and make filings in a timely manner. Ms. Daddario commented “this mess is the worst I’ve seen in 30 years”. She said it is not an impossible task, but it’s a time consuming one. The process uncovered many deficiencies in the District’s accounting procedures. As they are uncovered, they must be corrected so the same mistakes aren’t repeated. Ms. Daddario feels the financials will be ready for the February meeting. She said staff is also inputting current information so a financial statement should be ready by the following meeting for the quarter ending December 2006. Ms. Daddario expects the audit to start about the first week in April and take about a week. The District will provide an audit trail that will enable the auditors to provide a good audit.
Mr. Ferris asked how the keys will be issued when the pier is finished. Ms. Daddario responded the information will be given to local newspapers as soon as the go ahead is given that the pier is open. Keys will be available only to Barefoot Bay residents.
Mr. Malek commented Mr. Keegan needed to sign the DOR amendments that passed in 2006 in order that it be recorded and approved. Mr. Malek provided a draft of the DOR 2007 ballot the Board of Trustees requested for the proposed mailing. Mr. Allan reiterated the Board had specified only two colors for chain link or vinyl fencing: green or white.
The legal office sent a legal notice to the Florida Today newspaper regarding intent to seek legislation to amend the Barefoot Bay charter. Frazier contacted the legal office regarding bids to repair the weirs; Mr. Malek believes that will include the bridge.
Ms. Weglein requested a copy of the actual verbiage that went to the legislators on December 19th regarding the charter. Mr. Malek agreed Ms. Weglein would have it “in the morning”.
Committee/Trustee Reports
Mr. Ferris formed a committee that created a new RV lease agreement. Mr. Ferris has obtained drawings of both storage areas and a complete list of renters. He is instituting a letter of compliance.
Mr. Klosky commented the Home Owners Association is inviting residents to Building A on January 27th to get acquainted with the clubs available in Barefoot Bay. The Home Owners Association is hosting a Valentine’s dance on February 10th from 7 pm to 10 pm, $10 per couple with a cash bar. Mr. Klosky said he was approached by the Youth Club to use the old Peddler space while it was vacant.
Ms. Weglein reported the ARCC approved the fence around the pool on Lantania with the stipulation that if the pool were no longer there (or covered up permanently) the fence will be removed. Ms. Weglein commented on the trucks speeding on Micco Road. She said she would try to speak to Mrs. Voltz (County Commissioner Voltz) about it since the Sheriff is not enforcing the speed limit.
Ms. Donahue gave Sue McCahan’s report. The landscaping is in progress at the Shopping Center, the sprinklers are in, and Ms. Donahue requests the sprinklers be turned on only at night because the water truly smells bad.
Mr. Keegan commented “the gong box won’t be going tonight”, but the 3 minute rule will still be in effect. If any response to the speaker is required, the request will be directed from the Chair.
Jan Hannify commented there were 2 street dances and a pot luck in January, 5 Wednesday nights and 4 Friday nights of entertainment, all of which have been very successful. Mr. Keegan thanked Ms. Hannify for such a good job.
Jim Malatos wants Ms. Daddario’s references and background checked before a contract is issued. He requested that a copy of the Treasurer’s report be provided to the audience. Mr. Keegan responded that a criminal background check was performed “yesterday” and he found out that Ms. Daddario owned no striped uniform.
Nancy Eisele reported the Home Owners Association has an orientation the 4th Sunday of the month which will be January 28th from 1-3 in Building D&E.
Ed Keeley concurred with Mr. Torpy.
Jeanne Osborne commented Barefoot Bay is chartered from Brevard County, but our charter stands alone. The Community Manager’s position is documented in the Board’s rules, not in the charter. Ms. Osborne commented Mr. Bailey had been on the Board for a long time and worked very hard. She asked the Board to send a letter to Mr. Bailey with a vote of thanks.
John Barry agreed in principle with Scott Walker, Mr. McCool’s attorney, but said Barefoot Bay residents agreed to aide by the Deed of Restrictions when they moved here. Mr. Barry commented the Board of Trustees needs to back up the DOR with yes votes.
Pat Clark directed her comments to Mr. Allan. She said he was not the only “new one” on the Board. Ms. Clark commented that if Mr. Allan could not respect the Chair, please resign. Ms. Clark went to Tallahassee regarding homeowners’ insurance issues.
John Reddy complained about the sound system in Building A. Ms. Daddario responded the Little Theater is presently in control of the acoustics in Building A. She is looking for money in the budget for that problem.
Joyce Sweeney said she was disappointed that the Board seemed to be involved in a free for all every time she and her husband attend a meeting. She urged the Board to act in an adult manner when discussing business. She said in the business world if a gavel was rapped, “you shut your mouth”. It didn’t matter if you were through or you weren’t you showed respect for the guy or the lady sitting in the Chairman’s seat. Ms. Sweeney commented she’s embarrassed that this behavior is shown on TV. She said to Ms. Daddario the Bay is looking nice and pretty, and a lot of things are being done. She told Ms. Daddario, “I appreciate you.” Ms. Sweeney urged the Board to do well by Ms. Daddario and stand behind her. Ms. Sweeney complimented Mr. Keegan on his running of a meeting and advised him to “just get a bigger gavel.”
Robin Phillips spoke for the Youth Club. Thirty children came in 3 hours to the event held earlier in the week in D&E. Ms. Phillips commented “we had a blast!!” Ms. Phillips said the Youth Club couldn’t afford to rent the old Peddler space, but would like to have the use of it while it’s vacant. Ms. Weglein requested the square footage of that space (someone in the audience said 1,100) and what it would cost to rent it out. Ms. Phillips reported a new mantel clock had been donated to the Youth Club for a raffle.
Mr. Bleau mentioned there had been prospects for that space. Ms. Daddario responded that all the prospects had backed out for one reason or another.
Mr. Keegan entertained a motion to adjourn. Mr. Bleau made the motion to adjourn. Second Ms. Weglein. The meeting adjourned at 8:45 p.m.
Sue McCahan, Secretary Barrie Jenkins, Recording Secretary
Revised 2/5/07: Mr. Keegan corrected the minutes to read that Mr. Allan seconded himself when Ms. Donahue nominated him for First Vice Chair. [ “Second: Mr. Allan”] on Page 1.
Page 2: When Mr. Torpy came to the podium, the sentence needed to read “Mr. Torpy” at the beginning of the sentence to identify the speaker.
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