Minutes for February 28, 2006
Back to Home Page
DRAFT
Board
of Trustees Regular Meeting
Tuesday,
February 28, 2006
7::00 p.m. – Building D&E
Madame Chairman Wilma Weglein called the meeting to order at 7:00 p.m.
Ms. Weglein requested prayers for our soldiers throughout the world. Amen.
Ms. Weglein led the Pledge of Allegiance.
Ms. McCahan called the roll. All trustees were present. Mr. Malek was present as counsel.
Ms. Weglein entertained a motion to accept the minutes of the
February 10th meeting. Ms.
McCahan made the motion to approve the minutes;
second Mr. Smith. Motion
carried unanimously.
Mr. Hunt read the current Treasurer’s Report. Mr. Hunt commented that we have accumulated $15,401.56 since October 1, 2005, in addition to the balance brought forward.
Mr. Hunt introduced Mara Marsocci, the new financial manager. Ms. Marsocci comes to us via Citrus Bank.
Ms. Weglein noticed the special revenue fund [which is the primary operating fund]; was $569,191.73 as of Feb 8, 2006. On December 31, 2005, there was a balance of $1,355.000.00. Ms. Weglein asked for an explanation of why there is a difference of over $400,000.00, and if it was put into a difference account.
Mr. Hunt explained the reasons why there is a large discrepancy. The Shopping Center Account is a paper fund in which you put money into a Special Revenue Fund and also into a reserve in Tallahassee. The bank statement shows $1, 355.00.00 because at that time we had transferred money from the Debt Service Fund in Tallahassee to the Special Revenue Fund in order to pay this year Debt Service payment which is $790,588.55 which went out approximately February 6th or 8th. That is what is creating a large balance.
Mr. Hunt read the Manager’s Financial Report. Mr. Hunt commented the balance is the most unencumbered balance in the last four years.
Mr. Bleau asked Mr. Hunt to read the six answers to Loretta Lynch’s letter. Mr. Hunt explained the answers regarding the audit, the end of year audit, and the software financial transition we are going through. The audit cost is 25 billable hours so far for the attorney. The audit is to be completed by April 30, 2006. Yes, we have been late on the monthly state taxes, but not on the yearly taxes. Mr. Hunt has negotiated away the penalties, and the former finance manager will cover the interest payments. We do have proper receivable and payable accounts; it is only the general ledger totals we do not have the ability to generate by the computer.
Mr. Bolen questioned how we can hold an employee reliable for interest payments. Mr. Malek explained the former finance manager is volunteering the payment and we are not holding him responsible. Mr. Hunt commented the amount of interest is estimated between $2,200.00 and $2,700.00, which is approximately Dan Morgan’s last check. Mr. Carillion made a motion that we pay Dan Morgan his last salary check; second Ms. McCahan. Ms. Weglein discussed her disagreement with paying Dan Morgan’s last check, due to for one year; he did nothing for Barefoot Bay Recreation District. He was not efficient doing the job. Mr. Carillion commented that he was not aware of these issues with the former finance manager. Ms. Weglein commented that she can not discuss something with another trustee that will be brought up at the Board Meeting. Ms. Weglein commented that she had called Steve from IMS to talk about why they would not come down to Barefoot Bay Recreation District. July 2004 was IMS’s last trip to train the new person in finance. Ms. Weglein will document a memorandum through the attorney letting everyone know what is going on with IMS. Mr. Bolon read the auditors report to the state, the rules of the attorney general for accounting procedures involving
disclosure of the following manners: violations of laws, rules, regulations, contractual provisions that have occurred or likely to occur, improper or illegal expenditures, improper accounting procedures, or improper financial transactions. This is why we have the auditors. Therefore, we should not hold anyone’s paycheck. Ms. McCahan asked Mr. Hunt how long Dan Morgan failed to report monthly taxes. Mr. Hunt commented that Dan Morgan failed to report taxes for one year and that it was not by just fault of his own, but due to the computer program not working properly. Mr. Malek commented that his office recommend Dan Morgan be provided his last paycheck. However, if he wants to volunteer or pay any sort of money back to Barefoot Bay due to guiltiness; we can not stop him from doing this. Most of what the auditors have found is clerical errors, data input errors. There were some glitches with IMS. The audit is now 80% complete; April 30th is the complete date. IMS is working with the auditors to fix the problems, and they are currently working on the general ledger report. Ms. McCahan commented that we have been though a big struggle this past year mostly due to the software and perhaps some ineptness in our own employees. She does not feel like anyone is trying to hurt us intentionally and we need to calm down about this. The motion carried unanimously.
Mr. Malek commented that the new financial manager is getting training on the new program in two weeks. Representatives from MIP are coming here to provide the proper training, and that should help out a lot.
Ms. Weglein commented that the homeowners from the Barefoot Bay should know what went on. The nine trustees are obligated to the homeowners. Mr. Malek commented that he agrees with Ms. Weglein and that his focus is to get the audit done.
Loretta Lynch asked if the amount of $450,000.00 with the $15,000.00 extra includes FEMA and insurance. Mr. Hunt responded “yes”, some of it. Who recommended the MIP program? Mr. Hunt responded the auditor recommended MIP. When will she get an itemized account? Mr. Hunt responded, April 30, 2006. Ms. Lynch wanted an explanation of the fees. Mr. Hunt explained that there is a sliding scale from legal assistance to the chief attorney; the scale is approximately $150.00 an hour and down from there. The attorney bills are way down from last year. When will you have the itemized amount? Mr. Hunt responded, the first meeting in May. How many employees have been trained for NPT and how many hours have they had so far? Mr. Hunt responded five employees, but he does not know how many hours.
Min Bolon request that you tell us what is going on with the finances. Mr. Malek responded that when the auditor came in to do the annual audit they noticed that the books had not been reconciled every month. The auditor will be at the next meeting to address this problem. There are three areas that reconcile up to a general ledger and they have taken care of two of the areas and are working on the third area which is the totals. Ms. Bolon asked Mr. Hunt if he was aware of this problem? Mr. Hunt responded that he noticed in March 2005 that the numbers were not dependable numbers, so he stopped bringing the reports to the meetings. Mr. Hunt called IMS who have canceled twice on the auditors. Ms. Weglein commented that it maybe IMS knows we are getting another software program and that is causing the reason for them to cancel out now. Mr. Hunt responded that we have keep IMS on a maintenance payroll costing $400.00 per month all the way through this transition progress. Ms. Bolen asked Mr. Carillon to explain his comment that the ARCC would only approve Brevard contractors in Brevard County to do work in Barefoot Bay. Mr. Carillon explained you can have a contractor in another county, but he has to have a permit to work in Brevard County. Who is in charge of AARC? Mr. Hunt responded that the DOR states the chairman of the committee will be the trustee assigned. Ken Austin is in charge of the staff of AARC. Mr. Carillion spoke for AARC in favor for a 10 year variance. Mr. Malek commented that he would have to review this issue, because he did not know what was said. The AARC people have shirts; are they suppose to be wearing them only in official capacity? Mr. Malek responded these AARC people are volunteers and can wear their shirts anytime.
Elizabeth Showers asked regarding the aluminum project if that is the roof over the pavilion. When will the project begin? Will the project be completed by March 23rd, because she will have 150 people scheduled there that day? Mr. Hunt responded yes, that is one piece which is starting within two weeks. We do not know exact date when it will be completed. We will make sure we are not working there on March 23rd.
Steven Rice asked that we explain if we are required to turn our lamp post on at night. There is no such requirement in the DOR and there is no violation if the lamp post is operational. He asked to hear from the Board if the light has to be on. Ms. McCahan commented that the DOR states that we have to have the lamp post in the front yard with the exception of Barefoot Bay Blvd. and they need to be operational. At night we need to illuminate our streets for everyone’s safety. Mr. Rice commented that CEB is sending out letters notifying us the light must be on at night. There is some confusion regarding this matter. Mr. Malek clarified that there is no exclusion on Barefoot Bay Blvd. in the DOR. He recommended Mr. Rice to go to the CEB meeting and ask these questions.
Jeanne Osborne requested that we amend the method of amending the nine DOR amendments. She wants all homeowners to be able to vote on the DOR. She request that we review Section 4 on amendments with the attorney, because it is confusing and it also gives power for the Board of Trustees to make the decision. Mr. Malek commented that we have addressed this issue earlier and have noted her request.
Roland Boas asked what happened to the General Fund. He designed a cash report to leave with Mr. Hunt.
Mr. Hunt commented that the only thing left to do with the Weir Project is some landscaping. The project is completed; we already had the groundbreaking. He praised the contractor SKAC for doing an outstanding job on the project. Mr. Bolen discussed the problem with the lake and that we let the contractor leave without fixing the problem. Mr. Hunt commented that Mr. Bolen is talking about a permit violation and he does not believe that St. Johns Water District will grant a permit to build a dam. The engineers built the Weir according to specifications and it is right on target. There is nothing wrong with this project. Mr. Hunt commented that we have a lake (retention pond) here that has self perpetuating springs that recharge itself. Ms. McCahan concluded that the difference of opinion is how high the water should be and where the water should be kept. Mr. Hunt commented that Mr. Bolen had earlier requested that we have a meeting with the regulatory agency, Frasier Engineering and a representative from County Storm Water. We will also invite the contractor to discuss these issues. We intend to have this meeting within the next 30 days once the contractor lets us know it is complete. Mr. Bleau requested to meet with Jim, the owner of the company, because he is not happy with the project. Mr. Carillion asked the question who is the authority that has the power over whole drainage system? Ms. Weglein commented that either St Johns or the county is responsible. Mr. Hunt commented that there is no clean answer to that question. It depends on what aspect you are speaking of.
Mr. Hunt commented on the Relocation of Hole 13 on the golf course; the grass is growing.
The pier contract requires one final authorization by FEMA in order to go out to bid. It may be any day now.
Aluminum Project should start within the next two weeks.
Ms. Malek read the nine ARCC rules and regulations for amendment.
Mr. Bailey made a motion to eliminate the word (painted) and add the word (vinyl) on Sections 3(A)1 and 3(A)2; second Mr. Carillion. Motion carried; 4 against 5 approved.
Mr. Carillion made a motion to
approve Section 3(A)3 as amended; second Ms.
McCahan. The motion carried
unanimously.
Ms. Donahue made a motion to approve Section 3(A)5 as amended; second Mr. Bailey. The motion carried unanimously.
Ms. Donahue made a motion to approve Section 3(A)6 as amended; second Ms. McCahan. The motion carried unanimously.
Mr. Carillion made a motion to remove (or other means of illumination, approved by the ARCC) along with (, or other means of illumination,) on Section 3(A)14; second Ms. Donahue. Mr. Bolon moved the question regarding lamp post illumination on Barefoot Blvd. Motion carried; 3 against 6 approved.
Mr. Bolon made a motion to approve Section 3(A)15 as amended; second Mr. Carillion. The motion carried unanimously.
Mr. Bolon made a motion to approve Section 3(A)16 as amended; second Mr. Carillon. Mr. Bleau discussed instead of having the word carport, could we use the word resident. Ms. Weglein suggested using the word carport/garage to take care of this. Mr. Bolon amended his motion to use the word (carport/garage) on Section 3(A)16; Mr. Carillion amended his second. The motion carried unanimously.
Ms. McCahan made a motion to approve Section 7(B) as amended; second Ms. Howard. There was further discussion explaining the responsibilities and procedures of the violations committee/CEB. Motion carried; 3 against 6 approved.
Mr. Bleau made a motion to approve Section 12(A) as amended; second Ms. Donahue. There was further discussion deciding if the Board wanted to table Section 12 (A) and (12) B to the workshop. Motion carried after further discussion.
Ms. Donahue made a motion to amend (and) instead of or occupant on Section 12(B); second Mr. Bolon. The motion carried unanimously.
Mr. Bleau made a motion to amend (assessment fees) and to strike out (and maintenance fees) on Section 12(C); second Mr. Bolon. Motion carried unanimously.
Mr. Bolon made a motion to amend to (delete the redundant last sentence) on Section 3, Social Membership Fee; second Ms. McCahan. The motion carried unanimously.
Mr. Bleau made a motion to amend Section 4 Amendments of page 18 of the DOR by deleting the word (association); second Ms. McCahan. Motion carried unanimously. Mr. Malek will provide the Resolution showing the name change from CEB to Violations Committee.
Mr. Bolen made a motion to direct Ms. Weglein, Chairman, Mr. Hunt, Community Manager, and Board of Trustees Attorney, Mr. Malek to review and finalize the amendments of the DOR; second Mr. Bailey. The motion carried unanimously.
Mr. Carillion made a motion to send out pre-paid envelopes with the notices to encourage return of the ballots; second Mr. Bleau. The motion carried unanimously.
Ms. Weglein asked for a report on the Code Board Nominee which was tabled from the last meeting. Mr. Bolon made a motion to assign Mr. Goodfriend to the CEB as an alternate; second Ms. Donahue. The motion carried unanimously.
Mr. Hunt commented on the status of maintenance building. We are about two meetings from bringing this to you for bid process. The initial plans have been completed and are in Mr. Hunt’s office for review.
Ms. Weglein entertained a motion that we look to hire an out pledge part-time Recording Secretary responsible to take and transcribe the minutes for the meetings. Mr. Bolon made the motion; second Mr. Bleau. The motion carried unanimously.
Mr. Bleau requested to introduce Sheila Wheelan, our new administrative assistant.
Mr. Hunt commented that he needs the Boards concurrence. We have developed a plan for replacing the shed at the softball field using the $1,092.00 from FEMA which matched the $1,092.00 from the insurance money. The entire cost is over $4,500.00. The softball league individuals have suggested that they will make up the difference if the Board will put forth the two payments from FEMA and insurance for the damage done to the shed during the hurricane. If the Board has no objection to using that $2,200.00, the softball league will put in the balance around $2,300.00. Mr. Carillion made a motion to discuss this issue; second Ms. Donahue. Mr. Bleau referenced on December 9, 2005 that we had three volunteer workers for $349.00 per month. At that time it was requested for better equipment to reduce the number of work hours spend for maintenance on the field. Is the league abiding by their agreement executed on October 2002 and how is the $250.00 received from their sponsors utilized? The District gives the softball league 5,000.00 yearly to maintain the softball field. How are they coming up with the $2,300.00 to donate for the shed? In the softballs agreement (lease) they are to provide complete maintenance of the grounds and facilities and improvements. How are they finding more money to build the shed? Ms. McCahan commented that the District purchased the tractor for Barefoot Bay Reaction District and that the softball league will be using it most of the time, but it is available for everyone. Also, when we put in for the replacement for the shed that was damaged; they are going to make is bigger so they can get the tractor inside. McCahan disagreed that we should not take money from the softball league to complete this project. If the District wants the league to have better wages to maintain the softball league, how can we take a donation to maintain the shed that belongs to Barefoot Bay Reaction District? Mr. Carillion agreed with Ms. McCahan. Mr. Bleau commented since 2002, the softball league has six sponsors that each donates $250.00. The sponsors are where they get their money from. The golf club, Lyons and Kiwanis does not get anything from the District. Ms. McCahan felt more comfortable after the discussion. Mr. Bolon made a motion to move on with it and approve the shed with the donation accepted from the softball league; second Mr. Bailey. The motion carried unanimously.
Mr. Hunt commented that the cameras at pools need to be priced and brought forward on the priority list. The RV Storage Facilities fell about 10th on the priority list according to the Board of Trustees. Mr. Hunt is working with the attorney’s office to get the Employee Handbook completed and anticipates getting it out within the next couple of meetings. The District is in the process of getting a permit for the well at the entrance. The District is going to paint and clean the wall.
Mr. Hunt asked the Board to entertain a motion to approve a survey (approximately $5,000.00) for the shopping center in order to complete the fencing and the shelter at the 2002 Restaurant. Mr. Bolon made a motion that Mr. Hunt contact Mr. Brown in order to finish the job; second Mr. Bailey. Motion carried.
Ms. McCahan made a motion to install cameras as high priority by the end of March; second Ms. Howard. The motion carried unanimously.
Ms. McCahan made a motion to get the Employee Handbook ready for distribution by the end of March; second Mr. Carillion. Mr. Hunt commented on the complexity of this request. The motion carried unanimously.
Mr. Malek commented about the ordinance that Brevard County is considering regarding the length of the train. We are gathering information for Brevard County. This is still moving forward. Ms. Weglein reminded for as many people possible to go up on March 7, 2006 at 1:30 to promote the safety factor with ambulance transfer.
Ms. McCahan commented she has asked for input from the residents on anything to do with food and beverage, and the entertainment. Keep in mind whatever we decide to do and what we discuss with the District is up to the residents; make you suggestions and concerns known. Next week Ms. McCahan, Mr. Hunt, Leslie, and Joe Armstrong will have a meeting and will report back.
Mr. Smith commented that there is too much squabbling and politics going on in the District. We know that there have been mistakes made. Instead of everyone saying okay we are going to help you, we are going to clean up the District, we need to clean up our act; instead we are all opposite of each other. It is high time that we got back to reality; and get this District back to where it use to be.
Mr. Smith requested that the District get a portable John on the golf course, which has been done.
Ms. Weglein commented she and Mr. Hunt met briefly with Senator Haridopoulos last week. Senator Haridopoulos will meet with Representative Poppell to go over the charter and come back soon with an answer as how we would handle the vote.
Ms. Weglein requested if you want to speak to the attorney, please let the chairman know, as a courteous jester.
Ms. Howard is going to be the liaison for the entire shopping center and the Home Owners Association. Ms. Howard commented that there is no street sign on Buttonwood. Ms. Weglein recommended Ms. Howard to call the county to take care of this problem.
Loretta Lynch
asked when may be expecting the automatic payments be taken out of the resident
accounts? Mr. Hunt commented he is hoping
within the next few days. Ms. Lynch requested
a copy of the ARCC rules for the audience whenever we discuss this issue. Ms. Lynch inquired why some employees were being
transferred to different departments. Mr.
Hunt requested that she come to the Community Manager’s office to discuss these
issues. Mr. Carillion and Mr. Malek
commented that this issue is under the direction of the Community Manager and not the
Board.
John Barry suggested we look in the computer club for help with the data input. Mr. Barry would like the county streets cleaned. The entrance to Barefoot Bay is where we have the slab with the sailboat; why can’t we put the well there?
Bill Huber commented that he called 911; the sheriff’s police came, but had a hard time finding homes due to the address changes by the county nearly three years ago. Ms. Weglein commented that she would talk to the Sheriff’s Department regarding this issue.
Roland Boas commented that he wants a bank reconciliation statement.
Raymond Macht
commented that he was treated unfairly by Mr. Bleau.
If the District wants to discuss issues about me, it is only polite to
include him in said business so that he may defend himself.
Joyce Sweeney praised Ray Macht and the 2002 Restaurant.
Eric Shakaris is a contractor which commented about pressure treated products wrapping with aluminum products. The new pressure treated products that are on the market today are highly corrosive. There is a new vinyl product which bends like aluminum which could be wrapped around the product itself, because aluminum will deteriorate after time.
Nancy Eisele commented that we need volunteers for the ARCC. She is concerned that the District will be using the fees toward Administration. Ms. Weglein commented that this still has to be voted by the Home Owners.
Jeanne Osborne Dave McAllister resigned as the military touch point. For years he has helped the veterans in Barefoot Bay. Ms. McCahan made a motion for Mr. Hunt to send a thank you note to Dave McAlaster; second Mr. Bolon. The motion carried unanimously. Ms. Weglein commented that Richard Higgins, who was involved with the veterans for many years passed away.
Ms. Weglein entertained a motion to adjourn. Mr. Bolon made the motion to adjourn; Second Ms. McCahan. The motion carried unanimously. The meeting adjourned at 10:55 p.m.
PHONE: (772) 664-3141
FAX: (772) 664-1928