Minutes for February 27,
2007
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DRAFT
BAREFOOT BAY RECREATION DISTRICT
Board of Trustees Regular Meeting
Tuesday, February 27, 2007
7:00 p.m. – Building D&E
The Barefoot Bay Recreation District held a regular meeting on February 27, 2007 in Building D&E, Barefoot Bay, Florida. Chairman John Keegan called the meeting to order at 7:00 p.m. (The meeting was preceded by an advertised workshop which began at 4:00 p.m.)
Thought for the Day
Mr. Keegan thanked everyone in the audience for taking the time to attend and to see your government at work. Mr. Keegan requested remembrance for the tens of thousands of men and women of our Armed Forces who have returned to our country only to go to military hospitals maimed and wounded. As we sit here tonight, they’re sitting in their rooms or wards, looking at the walls, wondering what has happened to their life. Mr. Keegan requested a moment of silence.
Pledge of Allegiance to the Flag
Mr. Keegan led the pledge of allegiance to the Flag.
Roll Call
Ms. McCahan called the roll. Mr. Malek was present as counsel.
Mr. Keegan recognized former trustees John Smith, Bob Carillion, and Jeanne Osborne. Mr. Keegan introduced Dr. Nagota and the students from Florida Metropolitan University in the Masters program for Certified Public Accounting.
Candidates for Vacant Board Seat
Louise Crouse, John Reddy, Robert Peet, and Louise Heinze-Rector were interviewed by the Board of Trustees to fill the vacant Board seat.
Ms. Donahue nominated Louise Crouse. Second Mr. Ferris
Mr. Klosky nominated Louise Rector Second Ms. Weglein
The Trustees voted on named ballots. The recording Secretary collected them and read them aloud. The first round was a tie, 4-4. The second round was a tie 4-4. Mr. Keegan asked John Smith to flip a coin, and asked Bob Carillion to read it. Mr. Keegan designated Louise Crouse as “heads” and Louise Rector as “tails”. The coin came up “heads”; Louise Crouse was sworn in by Mr. Malek and seated on the Board.
Approval of Minutes
Mr. Keegan requested approval of the amended minutes from January 23, 2007. Ms. Weglein made the motion to approve. Second Ms. McCahan.
Ms. Weglein requested a change on page 2 of 7: for clarification the sentence (and that also means the manager) should read (and that also means the Community Manager) and refers to any employee who is under the direct or indirect supervision of the Community Manager. On page 6 of 7, the residents agreed to abide by the DOR . . . . . . Motion carried to approve the minutes as amended.
Mr. Keegan requested approval of the minutes from February 9, 2007, the Sunshine Law workshop. Mr. Bleau made a motion the minutes be accepted as written. Second Ms. Weglein. Motion carried unanimously.
Mr. Keegan requested approval of the minutes from February 9, 2007, the regular Board of Trustees meeting. Mr. Allan made the motion to accept the minutes. Second Ms. Donahue.
Mr. All requested on page 6 of 7 that the discussion regarding the playground include Mr. Allan’s comment that Barefoot Bay should look into self-insuring the playground. The minutes were accepted as amended.
Treasurer’s Report
Ms. Donahue read the Treasurer’s report. (Exhibit A) Mr. Bleau made a motion to accept the report as presented. Second Mr. Klosky. Motion carried unanimously.
Ms. Weglein added, under New Business, Item 8 D, an attorney discussion.
Questions/Remarks From the Audience
Ed Keeley commented on the responsibilities of the Board and of the Community Manager. He also hoped the DOR mailing in 2007 will reach all the residents.
Walt Myer commented again on the children’s playground, dogs running loose there, and the cameras and sensor light at Pool 2. He requested staff be scheduled at night to monitor the pools and to have someone to call on intruders. Mr. Keegan responded a fence will be built to protect the children and keep dogs out of the playground area. Mr. Myer’s concept for “Look Forward Barefoot Bay”: wants the list reinstituted that keeps residents from using facilities if they haven’t paid their assessment fees.
Ed Keeley urged the Board to take up the Master Plan again. Mr. Keegan commented the item is on the agenda “tonight”. Ms. Weglein responded she was on the Home Owners Association at that time and the Master Plan has been thoroughly discussed.
Mr. Keegan requested a concept for a large map of the Bay paid for by advertisers on the map itself. He said maps available now cannot be read by anyone “over 35”.
Unfinished Business
The Community Manager’s contract:
Mr. Keegan commented he phoned Ms. Daddario’s references. He said all of them expressed accolades for her expertise in financial affairs, her thoroughness, and most of all, her honesty. One of the CEO’s in Texas remarked, “That ol’ Grace, she don’t walk on water, but if we ever had her try it, the water would only come up to her ankles!”
Mr. Keegan addressed the three areas of disagreement that surfaced in the workshop concerning Ms. Daddario’s contract. The first one is the term of the contract. Mr. Allan is opposed to 2 years, Ms. Weglein requested a performance evaluation at the end of a year. The Board concurred with a 2 year term with a performance evaluation at the end of one year. Ms. Donahue requested the contract be reviewed by the attorney. Mr. Keegan responded the Board determines what terms are in the contract, not the attorney. Mr. Malek commented the Chairman was “100% right”. Mr. Bleau moved the question.
Ms. McCahan made a motion that Ms. Daddario’s contract should be a term of 2 years with a performance evaluation at 1 year. Second Mr. Klosky. Motion carried. Mr. Allan was opposed.
Mr. Keegan commented the amount of $7,000 per month was the exact amount Mr. Hunt was making in 2005. Ms. Weglein made a motion that the amount of $7,000 per month be accepted. Second Mr. Bleau. Motion carried unanimously.
Mr. Keegan entertained a motion that sick time and vacation should be retroactive to (and including) October 16, 2006. Mr. Ferris moved that we accept “that” as written in the contract. Second Mr. Klosky. Motion carried unanimously.
Mr. Keegan commented the parking space would be taken up as a separate item from the contract. Mr. Keegan invited discussion regarding the agreement; otherwise we’re going to look for a motion to accept the contract as presented to the Trustees. Ms. Donahue requested the contract be presented to the attorney to read. Mr. Allan and Ms. McCahan concurred.
Mr. Klosky made a motion to accept the contract as presented. Second Mr. Ferris.
Ms. McCahan requested the motion be amended to include “with attorney’s review”. Mr. Klosky and Mr. Ferris declined to amend the motion. Mr. Malek commented that what the Board really wanted to approve was “legal sufficiency”. The terms are chosen by the Board. The legal office would only be looking for “legal sufficiency”. Ms. McCahan was informed the contract was taken from the interim manager’s contract. Ms. Daddario said four items had been changed: the length of the term (2 years instead of 1); the accrual of vacation and sick time; the salary, and the statement saying the attorney had prepared it, which had to do with structure. Mr. Keegan asked Mr. Malek if his understanding was correct, that Mr. Malek did not want to look at the terms the Board was agreeing to. Mr. Malek responded he was replying to the conception that appears to be abroad that the attorneys are trying to dictate the terms of the contract. The attorneys are advising only regarding legal sufficiency. Mr. Malek urged “an abundance of caution”; review what you’re signing. The Recording Secretary read back the motion as presented by Mr. Klosky and Mr. Ferris. Mr. Keegan called for a vote.
The motion carried 7 ayes, 2 nays. Mr. Allan and Ms. Donahue voted no.
Mr. Bleau commended the Board for setting an example. “We are the Board, and we are the policy makers.”
DOR mailing 2007: Mr. Allan commented that 5,000 pieces of the boomerang envelope costs $ $845. Printing on the outside is “reflex blue”, inside printing is black. The overall color is canary yellow. The Sebastian postmaster will provide a P.O. Box. Pat Clark will accompany Mr. Allan to secure the post office box. May 19th is the day most likely available to count ballots. Mr. Allan requested volunteers for the ballot count. He requested a check for $220 from the District for the post office box. About half of that will be cost, and it will be prorated when the mailing is picked up. A postage paid envelope is not cost effective at $1.00 a piece. Mr. Allan asked that if any ballots are dropped off in the assessments box, that the District put postage on those and mail them to the post office box. The printing will take about 4 weeks for turnaround. Ms. McCahan asked if it was “for sure” all the residents would receive the mailing. Mr. Allan proposes to use the addresses the District uses for the assessment fees. Anyone who does not receive a ballot by the first week of May may pick up a duplicate from Building F. The additional ballot will be marked as a duplicate.
One Source Mowing Contract for the Common Ground: Ms. McCahan made a motion to approve the mowing contract. Second Mr. Bleau. Motion carried unanimously.
Children’s Playground: Ms. Daddario commented new playground equipment will cost over $25,000. Fencing and signs are planned for the area to limit access to the children and to keep dogs out of the play area. Mr. Allan said Mrs. Allan would be happy with that as “She has 3 kids under four that run!” Mr. Allan commented he’d like suggestions about age appropriate equipment. Ms. Daddario commented currently the playground is a hangout for teenagers. She hopes the Youth Club will attract them so the smaller children will have equipment that will last.
Resolution 2007-1: Mr. Keegan commented there were questions posed by Code Enforcement after it was received from the legal office. Mr. Malek did not receive a copy of the questions posed by Mr. Austin. Mr. Austin read page 2 of 5, section 1: the text states “provide the staff of the Code Enforcement Board with standardized procedures.” Mr. Austin commented we don’t have a Code Enforcement Board; we have a Violations Committee. It isn’t clear if the resolution refers to Code Enforcement staff, which we do have. Mr. Keegan asked if that correction was alright with Mr. Malek. Mr. Malek replied “That’s fine.” On page 3 of 5, section 3, paragraph b, 30 day deadline. The pertinent quote is, “the owner must submit an application for a Brevard County building permit.” It is not clear to Mr. Austin if the owner must submit a copy of the County permit application to Barefoot Bay Code Enforcement. It used to be the owner must notify Code Enforcement that the permit had been granted or rejected, or perhaps modifications might be required. What are we asking the residents to supply within 30 days of notification? Mr. Malek commented that from the workshop it was determined the Bay wanted to see proof of “moving forward” on those properties damaged by the hurricanes. After the Brevard County permit is applied for, the owners must show proof of acceptance or rejection. Mr. Austin commented the County often takes longer than 30 days to get through the permit process. Mr. Malek responded the owner can apply for the permit within the 30 days. Mr. Austin asked what would be done if the application needed modification or was rejected. Mr. Malek responded then the owner would have to get an extension of time to 120 days in which to come into compliance. Mr. Keegan asked Mr. Malek if the Resolution could be rewritten in “homeowner friendly” user language. Mr. Malek said he would put this in as “number 3”. Mr. Austin said on page 3 of 5, section 3, paragraphs D&E, failure to comply: who makes the determination, of several options, that staff should follow? In this particular procedure, the homeowner hasn’t been taken before the Violations Committee. Code Enforcement can only assume there’s been a violation. The Violations Committee actually determines the fact of the violation. Until the fact is determined, there are no legal options open to Code Enforcement.
Mr. Malek responded that in section d of the resolution it says, “the Barefoot Bay Recreation District shall” . . . . . . . that refers to the Board of Trustees. This resolution is focused primarily at those properties that have been identified as still being hurricane damaged from ’04. It is the legal office’s understanding that the Violations Committee has seen these properties sometime since ’04 and found them in violation. This resolution addresses those properties [in that context]. We haven’t seen any paperwork on “the 40 properties”.
One of the stipulations to come out of the workshop was that these properties would now have to come before the Board of Trustees for “adjudication”. Mr. Keegan suggested the attorneys and Code Enforcement “get together” and come up with something concrete for the Trustees. Mr. Malek commented there has been a problem with the “flow of communication” between the District and the legal office. Mr. Malek said he wished he could have been better prepared for this meeting, but the requested materials had not reached him. Mr. Keegan responded Mr. Austin and Mr. Malek had better start faxing one another back and forth and come up with something for the Trustees to vote on. Mr. Malek agreed; Mr. Austin said he would speak with his manager. Mr. Malek asked for a motion from the Board.
Mr. Allan made the motion to allow Ken Austin and Mr. Malek to “get it done”. Second Mr. Klosky. Motion passed unanimously.
Auditor selection: Mr. Keegan explained Bray Beck and Koetter have merged with another company, making it necessary for the District to seek a new auditing firm. Ms. Weglein chaired the committee reviewing bids. Joan Gray, whose background is bank auditor, and Susie White whose experience is as an accountant, assisted Ms. Weglein on the committee. The committee chose Moore Stephens Lovelace P.A. of Winter Park, Florida.
Ms. Weglein made a motion to proceed with negotiations with Moore Stephens Lovelace P.A. The budget for the coming audit is $24,000. Second Mr. Klosky.
Mr. Allan asked who the other two bids were from. Ms. Weglein replied Richard E. Geever, a CPA firm in Vero Beach, and Berman Hopkins Wright & Laham (sp) from Orlando and Melbourne. Mr. Allan asked for the guidelines the committee used. Ms. Weglein responded, “that the firm was independent, licensed to practice in Florida; no conflict of interest with regard to any other work performed by the firm for the District. The firm adheres to the instructions in this request for proposal on preparing and submitting the proposal.” Ms. Weglein said two firms submitted the way they should have. The firm submits a copy of its last external quality control review report, and the firm has a record of quality audit work. Must be a member of AICPA Governmental Practice Group. Each of the committee members rated the expertise and experience; the firm’s past experience and performance on comparable governmental engagements; quality, including continuing professional education of the firm’s professional personnel to be assigned to the engagement; and the quality of the firm’s management support personnel to be available for technical consultation.
Ms. Daddario responded to Mr. Keegan that in the RFP [Request for Proposal] the District requested the firm be available April 2nd. The audit review should take about a week. Ms. Daddario could not predict how long the field work will take.
Mr. Bleau and Ms. Weglein stressed the impressive accomplishments of the new firm. Mr. Bleau moved the question. Motion carried unanimously.
New Business
Revised Lease Agreement for RV Storage: Mr. Ferris made a motion the revised storage lease agreement be accepted by the Board of Trustees. Second Ms. Donahue.
Mr. Allan requested to hear what the changes are over the old agreement. Mr. Ferris responded the name of the lease agreement was changed to make it fit the use. It is now a storage lease, and not just Boat and RV. Under rules and regulations, lessees will be Barefoot Bay residents only. Length of the unit stored is more specific, and manufacturer’s name is required [i.e., Fleetwood, Winnebago, etc.] Only one unit per space. Mr. Keegan asked if the monthly rental remained the same. Mr. Ferris said there has been no change in that. Another change involves issuing keys. Code Enforcement is going to be more involved in the RV lots. Ms. Crouse commented it might not be wise to put the tax amount in the document if tax amounts change [Item #10] Mr. Ferris agreed to delete the parentheses. Mr. Allan pointed out “indemnity” should read “indemnify”. Ms. McCahan asked how #4, registered/roadworthy vehicles, would be enforced. Mr. Ferris responded the Florida state license sticker will have to be current each year as stated on the lease agreement. No flat tires allowed in case the District must move a unit for safety purposes, such as a propane leak. Ms. Donahue asked if there were going to be spaces available for the people on the waiting list. A few spaces will open up when people who don’t live here move their stuff out. Ms. Donahue asked about insurance. Mr. Ferris said the issue was addressed, but the District can not force people to insure their own property. Mr. Bleau commented when the rigs are stored they don’t have to be insured because they’re not on the road. Ms. McCahan requested a clause that makes an owner responsible for damage caused by their property to other people’s property. Mr. Malek commented that involves attorney’s fees, jurisdiction, venue, who moves what, where it’s moved to; those issues should be addressed in the agreement to circumvent liability to Barefoot Bay. Mr. Allan commented most damage occurs from backing up rigs; he urged a clause to cover all personal responsibility if someone else’s property is damaged. Ms. Crouse asked if the “hold harmless” clause sufficed to relieve Barefoot Bay of any responsibility.
Mr. Malek responded it relieves Barefoot Bay against that person’s property. But there’s nothing in here that says that if that person backs into Ms. Weglein’s RV and Ms. Weglein sues Barefoot Bay that that person has to indemnify us for that damage. Mr. Malek asked if Mr. Ferris could email the legal office the RV lease to add the three or four terms that are necessary in terms of liability.
Mr. Keegan called for a vote on the motion that is on the floor. The Board voted 4 aye, and 5 nay. The motion failed.
Ms. Donahue made a motion to include emailing the RV lease to Mr. Malek for review and inclusion of the legal language. Second Ms. McCahan. Motion carried unanimously.
Structural Repairs to the Community Center: Ms. Daddario commented she invited 4 companies to look at the sea wall and submit proposals. One company from Houston, TX submitted a bid that was excessively higher than Mr. Bryant’s. Bill Ferguson is Project Manager of David L. Bryant P.A., consulting engineers and general contractors with expertise in structural repair. The firm reviewed a study done by Universal Engineering Sciences. Universal recommended removing the sea wall and reconstructing it. Mr. Ferguson’s firm cannot find any structural deficiencies in the sea wall that would justify tearing it down. Mr. Ferguson referred to the proposal that had been presented to the Board. Repairs to the sea wall should not create a dam behind the sea wall. One option is to put relief drains in the sea wall when pressure grouting is done. This will eliminate soil loss from behind the wall. Concrete on the north side must be removed. Mr. Ferguson commented about Pool 1, “it appears the tank is in good shape”. If the work is done all at once, it will take approximately 6-8 weeks. If it is done piecemeal, the firm may be busy with other projects in between segments of work in the District.
Mr. Bleau made a motion to hire the work done all at once and finish it. Second Ms. Weglein. Motion carried unanimously.
Mr. Keegan asked Mr. Ferguson to get in touch with Ms. Daddario and commence necessary proceedings.
Code Enforcement: Mr. Austin presented Violations Committee #506-07-06 914 Oriole Circle to the Board. The violation was no lamp post at that address. There was a contractor delay, and the situation is since complied. Mr. Austin requested the Board to reduce the fine to actual costs of $94.96. Mr. Klosky made the motion to reduce the fine to costs. Second Mr. Bleau. Ms. Weglein recused herself. Motion carried unanimously.
Attorney Discussion: Ms. Weglein made reference to Mr. Malek’s letter to the District which lists active files in the legal office. Mr. Malek’s letter requested the Board to review which cases it wishes the legal office to proceed with. Ms. Weglein commented one item is the Employee Handbook which has been voted on and distributed to the employees. Mr. Malek said he would close that file. Ms. Weglein said she thought “audit issues” should be closed. Mr. Malek replied, “Absolutely not.” Mr. Malek explained the legal office was dealing with the audit firm as recently as two weeks in letters to the attorneys stating Bray Beck and Koetter has merged with McGladry. Mr. Malek expects the legal office will be involved in the upcoming auditor selection [guidelines and procedures]. He commented the new financials will still be tied to those audit issues.
Ms. Daddario commented she thought the audit issues were in the past. She said she didn’t have any audit issues. As of February 1 [2007] the audit company basically “went away” as a result of the acquisition. The District went forward with another option at that point. Ms. Daddario does not have any open audit issues. Mr. Malek said he would close it if the Board instructs him to.
Ms. Weglein said she was under the impression Ms. Daddario was following up on the weir problem and that Mr. Malek was requested to be at one meeting, then not to work on it after that. Mr. Malek replied, “That’s incorrect. It’s been in every single attorney report I’ve given you.” Ms. Weglein acknowledged “it’s been in there, but I don’t understand why.” Mr. Malek commented on the letter the legal office received from the Chairman, John Keegan, saying the legal office was “confused”. Mr. Keegan read the letter he sent to the legal office. (Exhibit B)
Ms. Weglein acknowledged that certain cases were active through Code Enforcement. Mr. Malek commented the Board might want to break down the $26,000 billing in to “how much was recovered on your behalf”. Ms. Weglein requested the line “conferences with multiple Trustees” be itemized as to which Trustees and how much time/money is involved.
Mr. Allan’s concern in this issue is what the Board is doing to protect the best interests of Barefoot Bay. The attorney is hired so he can do a variety of things associated with legal matters. “Let’s all be aware that if, as residents, we all abided by our Deed of Restrictions, a lot of that money would go away.” Mr. Allan acknowledged Mr. Hunt cost the Bay a lot of money in attorney’s fees, but he is gone; he also acknowledged the 40 homes still on the hurricane list were going to cost the Bay money to bring into compliance because the attorney would have to charge to prosecute them. Mr. Allan commented it would cost even more if the legal office has to telephone the Board every time it needs to work on a file; he said “if we don’t respect our attorney to bill us properly, then let’s go ahead and get a new attorney.” Mr. Allan cautioned if anyone thought the bill would go down simply because the Bay got a new attorney, there are 40 new cases going to the attorney that will show up on a bill.
Ms. Donahue requested Mr. Keegan to gavel the “rabble rousers” in the audience.
Ms. Crouse made reference to page 17.330 “lease review of leases 2007”. Mr. Malek said they were the commercial leases the Board had requested Ms. Daddario to have updated. Ms. Crouse called attention to “authorized by previous Board to work on this matter”. How far back does this go, does the legal office need reaffirmation by the current Board to continue with these items? Mr. Malek commented these items are on going litigation matters authorized by the previous Board. IF the litigation is dismissed by this Board, most likely the Bay will have to pay the opposing attorney fees because that action would make the other side the prevailing party. Ms. Crouse requested to know how the cases are “aged”. Mr. Malek replied that a “36” may indicate the case was opened in March 2006. For his inability to answer Ms. Crouse’s questions, Mr. Malek reiterated the lack of communication; not receiving the agenda timely, not having received an attorney packet timely, etc. Mr. Malek said he still had not received information on “the 40 houses”. [Hurricane damaged houses.] Ms. Crouse asked how some of these issues that may or may not be “two years old” are going to be resolved. Mr. Malek replied some of them are on payment plans; the money is sent to Mara [Marsocci]. Ms. Crouse asked about updating the reasons for certain items. Mr. Malek replied his staff looks at their computers and tells him which cases are open and which aren’t. If each file had to be visited for current status, it would create billable hours.
Mr. Keegan commented Ken Austin had instructions to code his cases according to which ones need something done, which ones don’t, to let the District know the status of cases. Mr. Keegan said Mr. Austin is currently doing that.
Ms. Weglein commented on the Larry Larimore case being one of those “authorized by a previous Board”. Mr. Larimore has been passed away a number of years. Mr. Malek replied most likely the State is paying off past assessments from the estate. Mr. Malek reiterated that if the Board wishes him to visit the files in order to itemize accurately, he will do so.
Ms. McCahan asked if it were possible for “Grace and Ken” to get together with Mr. Malek to clean off the list all those cases which should be closed (like Grace’s contract), the employee handbook, etc., and categorize those that are Code Enforcement, possible legal actions, or other stuff that we may have called up about, or the weir thing, or pink plants. Mr. Malek talked across Ms. McCahan saying, “If this Board wants us to do that, we’ll need authorization from this Board. As a courtesy to the Board I’ll make sure I stay out of it as much as possible and have my staff do it at an even more discounted rate.”
Mr. Keegan commented “Wait until Ken and Grace do it first because they’ve already coded stuff that we have to work on, and then we can go.”
Ms. McCahan: And I have to say something else, too, because I know there is a bit of a thing underfoot about finding another legal company. These people have been with us since 1999 when this place was formed. They know every crook and cranny and everything in the closet with us. They have, on many occasions, given all of us free advice in the hallway, over the phone. They do pro bono stuff . . . . . . .When you start yelling at your attorney for giving you billable hours, that’s how they make their living.
Ms. McCahan feels that when the billable hours are itemized much of it will be for cases the Bay will get money back from when they’ve been through the courts. She feels when properties re in compliance, the Bay will not have such large bills. Ms. McCahan is uncomfortable with “getting rid of” the Torpy Group; “they have kept us in good stead for a long time.”
Mr. Malek: Mr. Allan has probably the comment of the year so far in that if the people would come into compliance with the Deed of Restrictions , you would not have much use for me outside of these meetings. If that was the case, your litigation matters would go down almost to zero. That’s Mr. Allan’s message to the homeowners, to the residents of Barefoot Bay , and that should be well taken. We will get you the report so you’ll understand how much you actually recover from, for example, a $26,000 bill. It’s true the Bay writes a check for billing. When money comes in for litigation, that goes back into the Bay. I will get you that report.
Mr. Bleau moved the question. He suggested District staff get the “40 homes” to Mr. Malek if that is what is required to move things along.
Ms. McCahan asked regarding the status of the McCool litigation. Mr. Malek replied, “We have been sued. Their attorney sent an “accept service of this complaint”, but the legal office did not receive the complaint. Mr. Malek said the legal office would have to receive the complaint before he would sign the accept service document.
Community Manager’s Report
Ms. Daddario said she was excited about the seawall construction. Shuffleboard courts have been finished. The chairs for Building A have arrived. The pier is open, but it hasn’t gone through its’ final approval. Ms. Daddario said the pier has only been open a week and already there are dogs messing on the pier, broken glass, fishermen drilling holes for fishing pole holders, a key broken in the ADA lock that was shipped all the way from Pennsylvania. Ms. Daddario urged residents to please treat the pier with respect. It represents $559,000 worth of hard work and a long haul to provide this amenity to the community. Ms. Daddario asked residents if they see anyone damaging the pier to please notify her; she will press for damages and remove privileges.
The financials are completed for September 30, 2006. They have not been audited, and anyone seeking information from the unaudited financials needs to honor the fact they are not “ready for the street” yet. Ms. Daddario commented anyone wishing detailed information may make an appointment with her in the office. Last year there was budgeted revenue of $5,014,000. We have an unfavorable result in that revenues actually came to $4,388,000. Expenses totaled $4,388,000. Some of the areas of concern are $19,000 budgeted for fuel while $66,000 was spent.
(Lawn mowers and vehicles.) Ms. Daddario shut down the gas tanks; currently, employees must present a trip log and receipts for out of pocket items. $18,000 was budgeted for chemicals, and $33,000 was spent. Pool equipment may be part of the problem; keeping the pools so warm evaporates the chlorine. Legal fees exceeded the budget of $124,000 by $104,469,000. In response to collections, approximately $21,560 was recovered. $24,000 was budgeted last year for accounting; it came in at $87,000, which exceeded budget by $63,204. The story Ms. Daddario received was that at the time of the last audit there was not sufficient staff in the District office to prepare proper documents for the auditors. This work was subsequently done by Bray Beck and Koetter staff. Ms. Daddario thanked several volunteer residents who are helping with data entry; 15 months of accounting has been accomplished in 4 months. An unbudgeted $43,516 was spent on additional Sage accounting software upgrades and/or training. Ms. Daddario’s predecessor failed to put sales tax into the budget. The District paid out approximately $150,000 in sales tax, $50,000 of which was on the balance sheet from last year. This produced an unfavorable variance of $102,000 above budget.
Food and Beverage is doing really well, and there is now entertainment 3 nights a week.
Ms. Weglein asked Ms. Daddario about WestCo Turf Supply. Ms. Daddario explained that is the equipment in the budget agreement to replace leased equipment on the Golf Course.
Ms. Daddario cannot get a definite answer from Frazier Engineering. They have two bids: either to repair it, or completely rebuilding it. They are trying to come to a comfortable price they would be willing to pay to have the weirs repaired. Ms. Daddario will telephone them again in about a week.
Attorney’s Report
Mr. Malek reported the charter amendment passed. It has been filed as House Bill 1157. The bill will be heard in Committee, then go to the floor for a vote.
Committee/Trustee Reports
Mr. Klosky requested a list from the Board concerning items they wish to discuss with the Homeowners in the March 27th workshop (at 5 p.m.) Ms. Weglein volunteered to speak there, providing some of the history between the Home Owners Association and the Board. On March 25th (the fourth Sunday of the month) the Home Owners Association holds their orientation and welcome to the community in Building D&E from 1-3 p.m. Ken Austin is the featured speaker at the Tuesday night regular meeting of Home Owners Association. Mr. Klosky urged residents to come out for the upcoming dances and the Little Theater presentation on March 6,7,8.
The 19th Hole is now serving breakfast 7 days a week beginning at 7 a.m. Dinner at the 19th Hole is averaging about 30 dinners a night on Mondays, Wednesdays, and Fridays. There is music in the Lounge Wednesday, Friday, and Saturday.
MR. Bleau met with Jim Riley of Property Services to look at the green maintenance shack. Many improvements are needed. The canopy behind Building A has to come down; Mr. Bleau and Mr. Riley want to put it behind the green building on the concrete slab to cover some of equipment used daily on the golf course. The restrooms at 15 & 16 are being repaired; termite damage was found. FEMA should have taken care of the restrooms at the 6th hole as the roof suffers from ’04 hurricane damage.
Mr. Keegan asked Mr. Allan about the website. Mr. Allan replied that at the first meeting, Mr. Bailey asked him to do the website. At the next meeting, the liaison list did not have this assignment on it for Mr. Allan. Mr. Allan volunteered to look at the website, and Mr. Keegan concurred. Ms. Daddario commented Eddie Geer was given the assignment this week and says he’ll need additional training to do the website properly. Mr. Kormondy had extensive training regarding websites, so the District will have to either provide the training or find someone else.
Mr. Allan received a letter of interest from Shirley Vermelyea to be First Alternate on the Violations Committee. Mr. Allan made a motion to accept. Second Ms. McCahan. Motion carried unanimously. Mr. Allan asked for letters of interest for the Second Alternate.
Mr. Keegan assigned Ms. Crouse to the Maintenance liaison.
Ms. Weglein commented ARCC processed 30 permits at the last meeting. ARCC will meet at 9 a.m. in the Lounge on Friday.
Ms. McCahan commented staff removed old shrubs and are cleaning up all the flower beds. Ms. McCahan thanked Carolyn Cofer and Randy McMillan for their tremendous efforts. Ms. Donahue commented “It looks gorgeous!”
Ms. Donahue will be meeting with Jim Reilly and staff and come up with some ideas for the pools. The pool hosts will be included in that meeting.
Mr. Bleau commented the Board had not voted on accepting Hardi-Board in the Bay. Ms. Weglein responded the ARCC itself has the ability to approve Hardi-Board under “other approved materials” and does not need to bring it to the Board for a vote. The ARCC only needs to give the Board notice of its decisions. Mr. Malek commented the workshop on this issue agreed with Ms. Weglein. From time to time the ARCC will notify the Board of changes. IF the Board disagrees with the ARCC, a motion can be made and the Board can override ARCC.
Questions/Remarks from the Audience
Charles Sweeney objected to being called a rabble rouser. He asked the Chair what Mr. Bleau was doing in the women’s restroom looking up at the ceiling?
Nancy Eisele reminded folks the Home Owners Association meeting on the 4th Sunday in D&E from 1-3 to welcome new residents.
Robin Phillips announced the Youth Club’s monthly meeting is March 3rd from 1-3. On March 10th there is a play day in the park behind the old Peddler building. 35 kids and about 16 adults showed up at the last play night. Mr. Keegan asked Ms. Phillips if she had heard from Mr. Torpy. She said she hadn’t and would pursue it further. Zachary Taylor, Robin’s son, thanked everyone for their donations and the time the adults are spending with the kids. Ms. Weglein attended the game night; the children were well behaved, and Ms. Weglein commended everyone involved for supporting the kids this way.
Adjournment
Mr. Keegan entertained a motion to adjourn. Mr. Bleau made the motion to adjourn. Second Ms. Donahue. The meeting adjourned at 10:35 p.m.
Sue McCahan, Secretary Barrie Jenkins, Recording Secretary