Minutes for February 10, 2006
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DRAFT
Board
of Trustees Regular Meeting
Friday,
February 10, 2006
1:00 p.m. – Building D&E
Madame Chairman Wilma Weglein called the meeting to order at 1:00 p.m.
Ms. Weglein requested prayers for our soldiers throughout the world. Amen
Mr. Bolon led the Pledge of Allegiance.
Ms. McCahan called the roll. All Trustees were present with the exception of one. Mr. Malek was present as counsel.
Ms. Weglein entertained a motion to accept the minutes of the
workshop on January 6, 2006. Mr. Bailey made the motion to approve the minutes. Second
Mr. Bolon. Ms. Weglein requested the
recording secretary to change the Secretary’s name to “Sue McCahan”. On page 4 of 8, change the 14th to the
10th. Motion carried.
Ms. Weglein entertained a motion to accept the minutes of the
meeting on January 13, 2006. Mr. Carillion made the motion to accept the minutes. Second
Ms. McCahan. Ms. Weglein requested the Secretary’s name be changed on the minutes
to “Sue McCahan”. Motion carried.
Ms. Weglein entertained a motion to accept the minutes of the
meeting on January 24, 2006. Ms. McCahan made
the motion to accept the minutes. Second Ms. Donohue. Motion carried.
Ms. Donohue read from the current Treasurer’s Report (Addendum I). Mr. Hunt commented the Debt Fund still has $135,000 debt payment to be paid in the month of February; the remainder is encumbered for debt. The District repays that money each month at a charge of $55,000 charged to the primary operating fund. The Reserve Fund, $588, 981.11 is where the cash assets for the Shopping Center and the reserve monies are held. The reserve monies can be used at the discretion of the Board. The treasurer’s Fund (General Fund), $180, 848.96 Presently it appears the District will not need to make the $100,000 loan to itself from this money to accommodate the weir project. There is some FEMA money in the Primary Operating fund, about $40,000 to $60,000, that is unencumbered. The Storm water Fund is low because of the weir project. The Payroll Account maintains a minimum balance and is used to make the payroll. The Capital Fund receives funds from the new $9.00 program including initial seed money. The Miscellaneous Account is unencumbered. The Shopping Center Fund, $371, 069.00 is comprised of non-liquid and liquid assets.
Mr. Hunt explained that the Shopping Center is an enterprise fund. Liquid assets come out of the reserve funds. Mr. Hunt commented the FEMA money has all been run through the Primary account. There has been very little FEMA money earmarked solely for the Shopping Center. Insurance ear marked for the Shopping Center has been put in that account. The rest of the money goes into the Primary account because the District does not run any other repair operations out of any other account. The $340,000 the District received so far from FEMA has been put into the Primary account. Mr. Carillion requested clarification on the League of Cities amount. Mr. Hunt responded,
“$47, 431.38”. Ms. Weglein requested that in the future Bank of America designate the names of the accounts instead of calling them all “Barefoot Bay accounts”. Mr. Bolon asked at what percentage of profit and loss the Bay is. Mr. Hunt responded that the District is “right on line”. The $569,191.73 balance in the special revenue fund is $70,000 higher than it should be if the District were at 100% collections and 100% expenditures.
Mr. Malek explained that Yvonne Claybourne of Bray, Beck, and Koetter had been unable to attend this meeting due to a death in the family.
Roland Boas commented when the District presented expense and balance sheets there was no confusion as to what things were. Mr. Boas suggested the District get back to a clear balance sheet. Ms. McCahan asked if the financial information is essentially the same as in past years because there seems to be a great deal of contention about it. Mr. Hunt deferred to Mr. Malek, who will cover the subject in his attorney’s report.
Melba Lochmandy presented the employment agreement between the District and Mr. Hunt, citing that the Community Manager will present to the Board prompt and accurate results of his work. Ms. Lochmandy questions that this has been done. Mr. Malek declined to answer at this time.
Jeanne Osborne asked if the Storm water Fund
money is deposited every month. Mr. Hunt responded that under normal circumstances it
would be. However, since the weir project is about to be completed the Primary Operating
Fund has loaned the Storm water Fund money, so that money will remain in the Primary
Operating Fund until it’s paid back. Ms.
Osborne commented on section 7 B of the charter amendments. She is concerned that ARCC
issues with violations should go to the Code Enforcement Board before they are presented
to the Trustees Board. Mr. Malek agreed the language should be reviewed.
Ms. Weglein stated that Mr. Kloskey withdrew his name from nominations.
Ms. McCahan asked about Ms. Howard’s interest in the Trustee Board. Claudia Howard recounted her years of public service as Council member, Pro Tem Mayor, as a member of the Parks and Recreation Board and the Zoning Board in Riverside, Ohio. She has volunteered at the Sebastian senior Day Care Center in Sebastian since she came to Florida. She feels she can be of service to the people of Barefoot Bay as a member of the Board of Trustees.
John Keegan has lived in Barefoot Bay four years and is currently a member of the Code Enforcement Board. After college Mr. Keegan entered the U.S. Marine Corps for 16 years and served in Viet Nam, where he achieved the rank of Lt. Commander. He traveled much of the world, and served in Hawaii for 10 years as a Service Operations Director of Community Services at a Marine Corps Air Station. In Oregon, Mr. Keegan was a member of the architectural committee in his community. Mr. Keegan expressed his interest in the Board of Trustees as an opportunity to be proactive in Barefoot Bay.
Mr. Bailey asked Mr. Keegan’s view of the charter amendments and if he thought the amendments would take Barefoot Bay in the direction it should go. Mr. Keegan supported the amendments as being more clear and helpful to the homeowners.
Ms. Weglein entertained nominations.
Mr. Bolon nominated Claudia Howard. Second Mr. Carillion.
Mr. Bailey nominated Mr. Keegan. Second Ms. McCahan.
The recording secretary collected the ballots. The vote was 5 to 3 in favor of Claudia Howard. Mr. Malek administered the oath of office, and Ms. Howard was seated on the Board of Trustees.
Mr. Bolon thanked Mr. Keegan for his interest and the job he’s been doing on the Code Enforcement Board.
Regarding the weir project, Mr. Hunt commented there would be a concrete pour on Tuesday [February 14]. The contractor expects to be done with the project on Friday [February 17]. Mr. Hunt suggested the Trustees might want a celebration when the water flows. Mr. Raff plans to contract out some landscaping work at the sites on which he worked. Mr. Hunt commented the project has come in approximately 3.5 years sooner than originally planned and $75,000 under budget. Ms. McCahan asked that Brevard County be contacted to inspect the pipes under Dottie Lane. Mr. Bleau commented he received a letter from Brevard County about a year ago that said the pipes would last through another hurricane. Jim Raff, of SKHC, plans to bid on the pier.
Mr. Hunt commented the green at the 13th Hole is completed. Mr. Bleau commented the contractor did an outstanding job. Mr. Smith commented that as soon as the sod takes hold it will be beautiful.
Mr. Hunt commented the plans have been received for the new pier. The pilings will be driven 2 feet deeper into the ground than previously. The pier will be 5 feet higher from the water level. The bait/boat house will have a metal roof rather than shingles. Stainless steel cables will stretch along the sides rather than 2 x 4’s. Plastic polyethylene grates will be used rather than boards for the “board walk”. These design improvements are expected to withstand 130 mile per hour winds. Mr. Hunt believes the project will come in near $500,000. The Federal Government is committed to paying 90% of the cost, including the mitigation costs. The District’s portion of the project is approximately $50,000. Mr. Hunt requested the Board’s permission to prepare the bids. Seventy companies have asked for plans. Mr. Carillion questioned metal as the boathouse roof material because it would be very hot in the summer. Mr. Bleau suggested the extra drawings could be used for the bidding process to save the District money. Mr. Bolon commented since it’s a FEMA project, the Bay will have to make the Pier public. Mr. Hunt responded the pier is subject to controlled public access.
Mr. Bolon made a motion to take the pier project to bid. Second
Ms. Donohue. Mr. Bleau moved the question. Motion
carried.
Mr. Hunt commented the aluminum project will commence in 2 to 3 weeks.
Mr. Bolon commented hurricane season is starting again soon. Ms. Weglein asked for volunteers to help Mr. Bleau, who did such a great job last year, with the hurricane seminars.
Ms. Weglein inquired about the maintenance building site plans and the well at the entrance to Barefoot Bay. Mr. Hunt responded the site plans are expected back next week, and the well survey is complete. The District will apply next week to Brevard County for permits. Ms. Weglein listed the tabled items as the softball workers pay; cameras at the pools; RV lots, and the employee handbook (the 2004 version was never approved).
Ms. Weglein also wished to discuss salary changes from the last Board meeting. She asked why the Managers titles had been changed to “crew leader” the day after the Board approved the salary proposal. Mr. Hunt commented the salaries of the employees involved in the title change had not changed. Ms. Weglein commented she believed their salaries had been downgraded. Mr. Hunt reiterated there had been no change in salaries. Mr. Hunt commented it was a decision the department director and he had made because [they] were expected to be working supervisors rather than division managers. Ms. Weglein commented she wanted to make sure the positions were brought up to the levels that had been presented to the Board. Mr. Bailey commented the titles changed to reflect a working supervisor.
Mr. Bleau commented on the rest rooms for the tennis courts. Mr. Hunt deferred to Robert “Dobie” Dobrochowski, Director of Public Works, who commented a portable rest room on wheels had been purchased and was being refurbished at Property Services. Mr. Hunt commented the District was also getting a rest room for the golf course. Ms. McCahan commented she would like to see the tabled items on the bottom of the agenda for each meeting. Mr. Hunt responded they would be by the next meeting.
Mr. Bleau inquired about what was happening to the Shopping Center roof. He said the roof on 2002 is still leaking and another storm will open it up more. Mr. Hunt responded the new contractor has identified 3 leaks, which will cost less than $1,000 to fix.
Ms. Weglein commented that Kenneth Fricke had resigned from the Code Enforcement Board, and M. Joy Liddy had been confirmed as a permanent member of that board. Two alternates are needed. Martin Goodfriend expressed interest. Mr. Bolon made a motion to appoint Mr. Goodfriend as a Code Enforcement Baord alternate. Second Mr. Bailey. Mr. Carillion recused himself on the grounds that Mr. Goodfriend is in violation of the DOR. Mr. Bolon withdrew his motion. Mr. Bailey withdrew his second.
Mr. Smith made a motion to table the matter until the ARCC and
Mr. Goodfriend work out this issue. Second Mr. Bailey.
Motion carried.
Ms. Weglein commented she didn’t wish to vote on the ARCC Rules and Regulations at this meeting because the Board had just received the information. Mr. Malek responded to Mr. Bolon that Sections 7 & 7B, 12 C, and Article II Section 3 need clarification as to who is in charge of enforcing ARCC. Mr. Malek commented the DOR calls the Code Enforcement Board and “violations committee”. Mr. Bolon commented the name had been changed by resolution. Mr. Carillion commented the sections mentioned belong to the Code Board and should not come to the Board of Trustees. Mr. Malek commented his office is putting together charts and verbiage showing which agency does what. The Board of Trustees is the governing body in Barefoot Bay. The ARCC’s power is to review plans for construction and improvements to make sure those plans conform to the Deed of Restrictions. From then on, it’s a Code Enforcement issue. Mr. Malek commented it is not an ARCC function to go about doing inspections. Mr. Bleau emphasized the ARCC does have inspectors who behave like inspectors, and who also notify Brevard County of violations. Mr. Carillion commented the ARCC people do not get paid. They are reimbursed for gas and expenses. Ms. McCahan commented she feels she has a fiduciary responsibility as a member of the ARCC to report violations of the DOR. Mr. Malek reiterated that the information coming out of his office next week would clarify the issue.
Mr. Bolon made a motion to table the matter until Mr. Malek comes back to the Board with the language changes. Second Mr. Carillion.
There was additional discussion, which Mr. Malek concluded by
commenting he would bring the codified amendments to the Board next week. Ms. Weglein
requested to have the information prior to the next meeting.
Motion
carried.
There was none at this time.
Mr. Malek commented the auditors are finding keystroke errors and other mistakes because there were no reconciliation reports. These mistakes so far are in the Bay’s favor. Mr. Hunt and staff are now using MIP software and being trained in it. Ms. Claybourne and her staff are pulling out all the numbers they can from the old IMS system. A new financial manager is being hired. The current fiscal year should reconcile properly. Mr. Hunt will have proper numbers by April 30th. Ms. Weglein reiterated the IMS system did not crash, it froze. IMS is coming to run the program and pull out that report. Ms. Weglein wishes to see more in-house training rather than having employees traveling to far places for training. Karen Hoffman from MIP will be with staff the week of March 7th for training in the ACH program. A checks and balances system is being implemented so there will be no repeat of the present situation. Mr. Carillion commented Ms. Donohue should be included in the hiring of the new financial manager.
Mr. Bolon suggested that residents could be informed on TV and in the newspaper regarding their ACH not being taken out for the month of January. It is too expensive and labor intensive to send postcards to each resident.
Mr. Bailey presented a weekly report from January 30th to February 2nd. There were 16 work orders completed , two not completed. For the month of January, 78 work orders were generated, 74 were completed. Mr. Bailey requested shift schedules and assignments for Facilities and Aquatics.
Mr. Bolon commented Code Enforcement wrote 286 tickets for the month of January. Many of the 24 cases presented to the Code Board on February 8th had come into compliance. Mr. Bolon wants an outstanding balance of approximately $45,000 collected.
Ms. McCahan made a motion to turn over
Mr. Bolon list of potential liens to Mr. Torpy’s office. Second Ms. Donohue Motion carried.
Mr. Bolon is pleased to see so many new lampposts in operation. He reminded snowbirds to have someone in Florida take care of their lawns and shrubbery when they go north.
Mr. Bolon commented that a signed contract with a licensed contractor would suffice to satisfy the Code Enforcement Board and negate fines. Mr. Carillion commented only a licensed contractor will be acceptable.
Mr. Carillion’s report cited applications
for 11 new homes; 91 add ons; 4 driveways; 3 fences; 17 roofs (repair or replace); 5 for
siding;1 skirting; 1 for windows; 3 for concrete work, and 5 miscellaneous for a total of
133 applications.
Mr. Smith attended the golf meeting. Bob Pete, Chairman, asked if the District had prioritized improvements to the golf course. Mr. Pete urged repairs to the Pro Shop. Mr. Smith commented on new golf members that may come from the new developments going up around the Bay. Ms. Weglein commented those members would have to come in as “associates” and the process approved by the Trustees Board.
Mr. Smith phoned Brevard County regarding the burning and smoke problem. Ms. Weglein advised anyone noticing smoke in the air to phone Ms. Voltz.
Ms. McCahan urged Mr. Hunt to prioritize the Pro Shop. Mr. Hunt responded there were certain things that could be done to the building with the insurance money the District has already received, but a full-scale renovation must wait until another budget. Mr. Hunt commented he would place the item on the next agenda for consideration by the Board.
Mr. Bolon commented residents need to phone Harris Sanitation not the Code Enforcement office to have debris picked up. [Ask for the “clam truck”.] Harris will place you on an appointment list. This is how Harris handles refrigerators and other large items.
Ms. McCahan invited suggestions regarding Food & Beverage menus, music, and schedules. She requested residents use her mailbox in Building F. Please do not phone her at home about this.
Ms. Donohue reported on recreational needs. Residents who are concerned about pool closures want to see a sign on the pool gate. The cameras are not working. Residents would like to see the Pool 2 grass cut. Umbrellas blow away in a wind: would it be possible to find some other way to shade the residents? Tennis courts gates. Mr. Hunt responded that is another item for the Board to prioritize. Ms. Donohue asked that the tennis court screens be placed on the West side since that is where the wind is most troublesome.
Ms. Weglein commented Mr. Poppell will be in the Bay on Saturday, February 18th from 1-3 p.m. Ms. Weglein reported there is a Brevard County Commissioners meeting March 7th at 1:30 p.m. regarding train stops and how long stops at crossings could impact emergency vehicles.
Loretta Lynch objects to having a financial mess for a year, and wants to know what “all of this” has cost the District.
Raymond Macht rebutted Mr. Bleau’s letter to the Board regarding the 2002 Restaurant. He maintains the roof has been a mess for one and a half years since the hurricanes, and the kitchen floods because the canopy is gone. Mr. Malek requested a copy of Mr. Bleau’s letter [the recording secretary provided one]. Mr. Malek commented his office has a copy of the lease and a copy of the letter, and he will get back with Mr. Macht. Mr. Carillion requested that Mr. Hunt prioritize the aluminum contractor to take care of 2002 Restaurant first.
Sara Tannenbaum wishes to see an accounting of the costs for the financial mess.
Dick Gee spoke regarding the ARCC permit process. Mr. Gee emphasized the ARCC inspectors are reimbursed expenses, not paid as employees. Mr. Malek commented he didn’t know what “those forms” are [referring to the permit form in Mr. Gee’s hand], or who approved them, but the Board of Trustee’s are the ultimate authority in Barefoot Bay. Mr. Malek commented that “all that stuff” has to be “reeled in” and squared away.
Roland Boas explained the process of voiding a check and balancing your register.
Ms. Weglein commented that although she is the liaison for Administration, she abides by Mr. Torpy’s rules and does not direct employees in their functions. She is allowed to ask questions and peruses records.
Ms. Weglein entertained a motion to adjourn. Mr. Bleau made the motion to adjourn. Second Mr. Bailey. The meeting adjourned at 3:55 p.m.
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