Minutes for March 28, 2006
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DRAFT
Board
of Trustees Regular Meeting
Tuesday,
March 28, 2006
7:00 p.m. – Building D&E
Madame Chairman Wilma Weglein called the meeting to order at 7:00 p.m.
Mr. Weglein requested a silent prayer for our troops all over the world. Amen.
Ms. Weglein led the Pledge of Allegiance.
Ms. McCahan called the roll. Mr. Smith was excused. Mr. Torpy was present as counsel.
Ms. Weglein entertained a motion to approve the minutes from the March 10, 2006 meeting. Ms. Weglein requested the word “piece” on page one be spelled “peace”. On page 7 of 9 the word is “confirmation”. The hurricanes are “Frances and Jeanne”. On page 8 of 9, the spelling is “Jeanne Osborne”, Mr. “Peet”, and Mr. Sayles referred to “the ballot in November 2006”.
Ms. McCahan moved to accept the minutes as amended. Second Ms. Howard. Motion carried unanimously.
Ms. Donohue presented the fund balances and expenditures for February 2006. (Addendum I) Mr. Hunt commented the “$600 and some thousand dollars” in the special revenue fund is not inclusive of any monies to be borrowed from any other fund for payment of the weir project. The District paid the weir project out of that fund. The District has not borrowed any money yet because there is enough in cash reserves to complete the project. If the District needs to in the future, the storm water account currently owes the general revenue account $255,000 for the weir project.
Yvonne Claybourne of Bray, Beck and Koetter stated the auditors are currently working on the addendum to the original audit engagement, which is to provide for the reconciliations of the cash accounts and the lot assessment receivable account. To date, Bray, Beck and Koetter has completed the payroll reconciliations, and is working on the operating account reconciliations. The reconciliations are complete through December 2004, which was the first month the District began to encounter posting anomalies in the general ledger. Requests were forwarded to the Community Manager to research for documents that [we] can’t locate in the information [we’ve] been provided. [We] plan to move forward with the reconciliations as best [we] can until the information is provided. We were able to generate the Utility Billing report and the lot assessment receivable report. Ms. Claybourne anticipates completion of the reconciliations on April 30th, and delivery of the September 30, 2005 audit report on May 12, 2006
Ms. McCahan asked if the District’s reports are correct. Ms. Claybourne responded the reports currently presented to the Board reflect cash in the bank. She declined to comment on a financial position without knowing what obligations are outstanding. Ms. Claybourne commented Bray, Beck and Koetter will continue to assist the Financial Manager in rolling the necessary balances forward so month to month operations will again be accurate. Ms. Claybourne cautioned the Board not to anticipate receiving an internal report on current financial status until June 2006. It may take the Financial Manager 30-60 days beyond the end of the auditors’ project depending on software implementation.
Mr. Bolon asked if Terry Shoftstall, of the State’s Attorney General’s office, contacted Bray, Beck and Koetter. Ms. Claybourne responded he had not, although at a later phase of the audit certain elements are submitted to that office. Mr. Bolon referred to a letter in his possession that “there are things that can be done that will help correct many of the deficiencies. We will do our best to help you.” Mr. Bolon expressed an interest in “moving this thing along”. Ms. Claybourne commented it had taken 14 months or longer to get in this situation; it’s not going to get ‘undone’ over night. The auditors are working with reports that normally are 15-20 pages long, but for some reason are generating 278 pages worth of paper. The auditors have to look through that and determine which appropriate transactions are. Ms. Claybourne stated that the auditors have not found anything missing. The auditors are finding posting errors and clerical errors, things being posted to the wrong accounts, or simply being left out entirely.
Mr. Hunt requested the Board approve the Bray, Beck and Koetter engagement letter addendum. Mr. Bolon asked why it was so late. Ms. Claybourne responded one of the partners wished the letter to address certain terminology to ensure Bray, Beck, and Koetter maintain independent standards; language ensuring the accountants weren’t making management decisions. Bray, Beck and Koetter started drafted the addendum in December 2005; they considered dating it later, but work had already started with the District and the December date was deemed more appropriate.
Mr. Bolon moved to accept the engagement letter addendum. Second Ms. McCahan. Motion carried unanimously.
Loretta Lynch asked Yvonne Claybourne if Bray, Beck and Koetter had recommended the District purchase the MIP financial software package. Ms. Claybourne responded the accounting firm is prohibited by independent standards from recommending a software package. Ms. Claybourne did provide promotional brochures obtained while attending a governmental accounting conference. The Community Manager conducted the District’s “due diligence” research on the accounting software.
Pier Contract: Mr. Hunt stated everything has been finalized on the Pier contract. Mr. Hunt and Frazier Engineering will be in Orlando on April 4th to obtain the necessary permit from the Department of Environmental Protection.
Aluminum Project: Palm Bay Aluminum has completed the Peddler/Post office building, the canopy at the childrens’ playground, the canopy over the fuel tanks at golf maintenance, and the canopy at Property Services. The Pro Shop color scheme will be pale yellow to coordinate with the 19th Hole. (Addendum II.)
Status of the Maintenance Building: the plans are in the District office. Frazier Engineering is preparing the bid specifications.
The Board of Trustees meeting of April 14 is moved to April 11. The meeting needs to finish by 4 p.m to accommodate a function at 5 p.m.
ARCC/DOR Code Enforcement workshop is scheduled April 18, 2006 in D&E 1-4 pm. Mr. Hunt commented the employee manual workshop has been scheduled. Mr. Hunt will inform the Board of those details in the very near future.
Article V, Section 4, Amendments: have been presented to the Board to peruse at its convenience.
Ms. Weglein requested in the “notice of violation” the wording be changed from “or mailed” to “and mailed.” Ms. Weglein read, “That the amendments to this instrument may be initiated by a lot owner or the Recreation District. Any amendment shall become effective only upon approval by a majority vote of the lot owners of Barefoot Bay provided, however, that the amendment affecting any of the rights or responsibilities of the Recreation District shall have the concurring vote of the Board of Trustees of the Recreation District as applicable. In voting with respect to any proposed amendment of this instrument, the owners of each lot shall be entitled to one vote, and multiple owners of any given lot shall designate which of the owners shall be entitled to vote on any such proposal. “
Mr. Bailey asked if this meant that amendments the Board voted on could be changed by a vote of the people. Ms. Weglein commented the passage she had just read had not been brought up at the last meeting or in the workshop and the language needs to be incorporated into the amendment process to explain how it is done. Mr. Torpy explained the previous version of the language still referred to “the Association”. The changes in this section remove those references. The process itself has not been changed.
Ms. Weglein entertained a motion to accept the language as amended. Ms. McCahan so moved. Second Mr. Bailey. Motion carried unanimously. Ms. Weglein asked Mr. Torpy to advise Mr. Malek to proceed.
Mr. Torpy commented the April 18th workshop is very important. The Code Enforcement department, the entire staff that is responsible for enforcing the DOR, the ARCC members, and the Trustees Board will attend. The purpose of the meeting is to ensure that everyone is in alignment with real-time operations. The consensus is that Mr. Torpy cannot get everyone on the same page unless everyone is in the same room. The meeting is in Building D&E, and while the public may attend, it is not a public input meeting.
Mr. Bolon commented he had asked for the weirs to be placed on the agenda. Ms. Weglein responded that in her discussions with Mr. Hunt it was determined that another discussion of the weirs was not necessary.
Mr. Bolon asked how the canals could be drained with stationary boards. There are no boards at the Dottie Lane weir. Mr. Bolon stated the Community Lake weir boards are under water. Mr. Geer explained that to remove water it must be pumped. The Dottie Lane weir is set up like a dam. The Community Center Lake can be lowered to 17 feet with the set up that is in place. Mr. Hunt cited the 1999 Busen & Myers report as saying the water level should not go below 17 feet in any case. Mr. Geer commented there is a system designed to provide percolation and backflow into the Community Center Lake that facilitates its purpose as a holding facility. Mr. Hunt commented the boards at the Lake weir are positioned to keep water in the Lake during a drought, and can be designed to facilitate a rise in the lake should the District receive permission to keep the water level higher than it is now.
Mr. Hunt commented dredging the four most stressed sections of the canal system would involve approximately 5,000 feet of canal edge at a cost of $29,500. To clean the entire system would cost in excess of $50,000. Staff recommends we continue to clean the canals with our boat and contract with Raff Inc. (SKHC) to clean the four most difficult areas. Monies are available in the unbudgeted fund balance to fund this work. Ms. McCahan questioned “grading and removal by others”. Mr. Hunt responded the dredged material would be moved to canal banks that have eroded. If the dredged material “takes”, the banks would be sodded at a later date. Carting the material away would be an extra expense. Ms. McCahan requested more specific language in the Raff contract saying that Raff Inc. will move the dredged material from where it is dredged to where it is needed. Mr. Hunt agreed to amend the language. Ms. Weglein requested “landmarks” to describe the “four most stressed areas.” Mr. Hunt responded one was the curve in the canal directly adjacent to Pool 2; a second section is the bend behind Pool 3 that leads towards Barefoot Circle, and the canal at Barefoot Circle; the fourth section would be next to the new weir at Dottie Lane.
Mr. Carillion commented it was his impression the County use to clean the canals a piece at a time during the year. Mr. Hunt responded the District might have given up that arrangement when it accepted the rebate on the storm water fee. Mr. Bolon suggested the District contact the County before the Raff contract is accepted. Mr. Bailey commented each time the County cleaned a section of the canal it cost the Bay $4,000 and the sections the County cleaned weren’t that extensive. Ms. Weglein asked Mr. Hunt to contact the County before the Raff contract is finalized, and to bring back the information at the next meeting.
Mr. Bolon asked what the current unbudgeted fund balance was. In response to Mr. Bolon, Mr. Hunt commented he had not yet transferred $135,872 from the debt service reserve fund for a debt service payment the District made in February because the District is cash heavy in the special revenue fund. Likewise, the loan which we indicated we might need for payment of the weir project from the storm water fund or other funds that would loan the storm water fund monies to pay the special revenue fund back have not been made because they’re not necessary. The weir project has another $65,000 to pay out. There is two months of the capital fund payment which is approximately $60,000 a month to transfer to the capital fund out of the special revenue fund, so the $65,000 and the $120,000 that [you] need to transfer out $185,000. [You have] about $385,000 due in receipts with the loan, and the transfer from the reserve. Consequently, [you’re] talking about adding another $200,000 to that $406,000. This means the District currently has about $606,000 in undesignated fund balance.
Cameras at Pools: Mr. Hunt will bring a cost estimate to the next Board meeting.
RV Storage Facilities: no change since last Board meeting.
Well at the entrance: the well has been dug and is being primed and tested. As soon as the tests are completed, sand blasting and painting the walls will proceed.
Lawn bowling fence: construction will commence as soon as the permit is picked up.
Repair at Pool One: the Pool will close April 10, 11, 12 in order to complete aluminum work and change out valves in the pit area.
Fence at 2002: the permit has been issued for the awning. The District applied for the fence permit.
Building A Bingo and the A/C: Mr. Hunt commented that for now the A/C will be turned off after the Spinners are finished on Fridays in order to let the room warm up for Bingo players. He will research the cost for a new system of temperature controls. Ms. Weglein asked why the microphones in building A didn’t work. Mr. Hunt said he would check it out.
Mr. Carillion commented that a new A/C unit had been installed within the last 2 years. Mr. Geer confirmed that one new condenser unit had been installed on the pool side.
Ms. McCahan requested that before the fence is erected at Restaurant 2002, the dead A/C unit and refrigerator be removed, and any painting that needs to be done be properly prepped not just covered up. The unlocked electrical panels are a hazard. The lamppost in front of the restaurant should be replaced.
Ms. Weglein asked that the lights at D&E be replaced as well. The
“little patio lights” do not illuminate the parking area well enough.
Mr. Carillion asked Mr. Hunt to “look into” putting cameras as the basketball court and the tennis area. Mr. Carillion commented there had also been vandalism at the pier, and he would like a “feasibility” study of that area for cameras.
Ms. Howard commented on the dumpster situation at the Shopping Center. The tenants would like to have the dumpsters locked. Mr. Hunt will contact waste management. Ms. Donohue commented that if the dumpsters are locked, people just dump trash on the ground beside the receptacle. The consensus is that the contractors are the worst perpetrators.
Mr. Torpy commented that “in an abundance of cautioned” his office had the chairperson execute claims of lien based on previous actions of the Code Enforcement Board. Mr. Torpy requested a motion and second to ratify that the Chair has the necessary authority to execute legal documents to proceed with litigation the Trustees have directed.
Mr. Bolon made the motion. Second Mr. Bailey. Motion
carried unanimously.
Mr. Bolon commented Code Enforcement is preparing for the work shop on April 18th and will present most of their stuff there. Mr. Bolon urged residents to take extra care to lock down their possessions at the RV lots. Mr. Bailey commented he had put together a complete report on the RV lots 2 years ago. Until the money is authorized by the Board, nothing will be done to improve conditions in the RV lots. Ms. McCahan asked if one of the requirements to rent a space in an RV lot is that you must live in the Bay. Mr. Bailey said that is true. Ms. Weglein commented there is currently no liaison appointed to deal with the RV lots. Mr. Bailey commented the RV lots fall under Property Services’ jurisdiction. People were reminded that both lots are not insured, “part at your own risk.”
Ms. Donohue announced Pools 2 & 3 would be open until 8 p.m. commencing April 2 when daylight savings time begins.
Ms. Weglein commented on the vacant Trustee seat. The deadline for submitting resumes is April 7. The Board will nominate candidates and vote on April 11. The Code Enforcement Board still needs an alternate. Interested parties please submit a letter to the Board of Trustees. Ms. Weglein will attend a 7-county meeting regarding the growth and vision for Central Florida on March 29 in Orlando.
John Barry gave information on the Devreaux organization, which helps children. He urged residents to contact Ardith Barry, and Dorothy and Gene Buckman, who are volunteering to hold fundraisers for the children. The phone number at Devreaux is 1-800-338-3738 X338.
Roland Boas commented the original purpose of the storm water account was to apply to any maintenance on the canals. Spraying and dredging the canals should come from those funds. Mr. Boas commented Mr. And Mrs. Bolon would be missed when they move from the Bay.
Mr. Hunt commented the weir project cost $438,000. At the time the District issued the contract for the Weir project, there was $178,000 in the storm water account. All that money has been spent, and the District has borrowed $255,000 from other funds. There is no reason to put money in the storm water account [right now] until those loans are paid off. Those loans will be paid off on October 1, 2010.
Paul Alberta commented that the drainage in front of his house allows water in the catch basins and flooding on Periwinkle Drive. He objects to conversations regarding raising the water level in the Community Lake because it will make flooding worse in front of his house.
Mr. Carillion asked who the drains belonged to on Periwinkle. Mr. Hunt responded they belong to Brevard County. They are part of a gravity storm drain system. Mr. Alberta remarked there are 5 storm drains that are in deplorable shape and are unsafe. Mr. Bolon commented some of the drains are running north to the ditch instead of south to the canal.
Jeanne Osborne commented the Pro Shop is getting worse. She commented that if a citizen maintained their property like that, they’d be cited by Code Enforcement. The building needs to be power washed. Ms. Osborne urged the Board to complete the employees’ handbook. Ms. Osborne asked when the DOR amendments were to be mailed out.
Mr. Hunt responded that now the final language had been approved, preparation for the mailing will begin.
Raymond Macht also supports the Devreaux organization. Mr. Macht stated since the dumpsters in the Shopping Center were paid for out of the CAM [Common Area Maintenance], the tenants should be able to use them as sometime they are filled by others.
Elizabeth Showers asked if the dart league would be able to get into the Lounge on the Monday evening Pool One will be closed. Mr. Hunt responded the players could enter by the back entrance to the Lounge. Ms. Showers asked about arrangements for setting up for the British Club on April 11. Mr. Hunt responded the room will be properly set up after the Board meeting.
Paul Mattfeld asked if 427 Papaya Circle had been brought to the attention of Code Enforcement. There is no carport or shed at that address, and the gutters are flapping in the breeze. Mr. Mattfeld commented that Food and Beverage appears to be losing about $1,000 a week. He offered the opinion that “it was going out the front door in free gifts or going out the back door”. Mr. Mattfeld objects to the nature of the 125% bond.
Mr. Bolon responded that the 427 Papaya Circle address had been submitted to Mr. Torpy’s office. Mr. Bolon commented that resident’s still living in FEMA trailers will begin paying rent on them May 1st. FEMA will remove the trailers by September.
Ms. Donohue asked about 327 Avocado Drive. Ms. Weglein responded the case has gone to Mr. Torpy. Mr. Carillion confirmed the case went through proper Code Enforcement processes before it was sent to Mr. Torpy’s office.
Loretta Lynch thanked Ms. Weglein for her financial research and comprehensive report; thanked Steve LeDeaux of the maintenance crew for cleaning up the amphitheater area behind Building A.
Ms. Weglein entertained a motion to adjourn. Mr. Carillion made the motion to adjourn. Second Ms. Donohue. The meeting adjourned at 8:45 p.m.
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