Minutes for November 27, 2007
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DRAFT
Board of Trustees
Meeting
Tuesday, November 27, 2007
7:00 p.m. – Building D&E
The Barefoot Bay Recreation District held a regular meeting on November 27, 2007 in Building D&E, Barefoot Bay, FL. Chairperson Wilma Weglein called the meeting to order at 7:00 p.m.
Ms. Crouse called the roll. Mr. Peet was excused. Mr. Repperger was present as counsel.
Approval of Minutes
There were no minutes to approve at this time.
Treasurer’s Report
Mr. Guinther read the treasurer’s report. Mr. Klosky made a motion to accept the report as presented. Second Mr. Bleau. Motion carried unanimously.
Add to the agenda: Unfinished Business: Contract with Diane Sauls and Vicky Hay and Trustee appointment to vacant seat.
Audience Participation (Agenda Items Only, 3 minutes Maximum)
None at this time.
Unfinished Business
Ms. Weglein congratulated Mr. and Mrs. Repperger on the arrival of their baby girl, Lily.
Ms. Crouse contacted references given by Special District Services and New Community Strategies. (Attached for reference.) She also contacted those the companies had served in the past and asked them their reasons for discontinuing.
Ms. Weglein commented the District received two letters of interest to fill the vacant trustee seat, one from James Farrell, and one from Mary Kestner. Ms Kestner was not present at the Board of Trustees meeting. Mr. Bleau made a motion to accept Mr. Farrell to fill the Trustee vacancy. Second Ms. Crouse. Motion carried unanimously. Mr. Repperger administered the Oath of Office, and Mr. Farrell was seated.
Ms. Weglein commented that Severn Trent was not one of the companies that were approved by the Board on September 25th to be approached. When she inquired of the Board, there was no further response that anyone wanted others than those on the list. She said she was therefore surprised by Mr. Bleau’s letter to Mr. Koncar of Severn Trent. Mr. Bleau said originally Mr. Koncar had contacted him and he had written the letter in response but had heard nothing more from Mr. Koncar. Ms. Weglein said she had not sent any letters to individuals or companies saying they had or had not been accepted until someone was actually hired. “Just in case.”
Ms. Weglein commented she has been phoning New Community Strategies, and just this morning received word from Mr. Rosenbaum. He gave as a reason for the delay that he had suffered a bad fall and injured his shoulder. Ms. Weglein thanked Mr. Guinther for his questionnaire; Special District Services response provided in depth insight into their company. Also to Ms. Crouse for checking references on the two management companies. Mr. Guinther compared New Community Strategies at $205,000 to Special District Services at $147,000. Mr. Allan endorsed the company that showed up and pointed out the Community Manager and Human Resources vacant positions provided money to pay the management company.
Mr. Guinther made a motion to hire Special District Services. Second Mr. Bleau.
Mr. Allan inquired if the hiring contract would be a one-year contract and whether it would run on the fiscal or calendar year. Mr. Repperger will review the contract and bring it back to the next Board meeting (December 14th). Mr. Guinther requested a 90-day probationary period and an outfall clause. Each Trustee offered discussion and Ms. Weglein called for the vote. Motion carried unanimously.
Ms. Weglein and Mr. Repperger will engage in a conference call with Frazier Engineering firm on December 3rd regarding the weir at the lake.
Mr. Repperger explained the Violations Committee will hear cases, give a period of time for compliance, not impose the fine, and then give a recommendation to the Board of Trustees. The Board will decide whether to seek legal remedy in court. Mr. Ferris recommended eliminating the Violations Committee. (Letter attached for reference.) Mr. Repperger said in that instance the Board would be taken up hearing cases. Mr. Bleau asked if Mr. Bohne was necessary to the Violations Committee. Mr. Repperger responded that because of significant due process issues that face the Violations Committee, Mr. Bohne is a necessary component. Mr. Allan asked Mr. Ferris if he was suggesting the Board no longer enforce the DOR or if the District should no longer have a Violations Committee to hear those violations. Mr. Ferris responded, “Both of those.” Mr. Ferris said he wants to abide by the DOR “as it is written”, and finds no justification that the District may fine anybody. Mr. Repperger read Section 12, A & B of the DOR (Attached for reference.) The Violations Committee gets rid of cases from an evidentiary standpoint and gets to the bare bones fact of “do we have a violation or not and should we move forward with it?” Mr. Repperger said “we want to make our process as consistent with the DOR as we possibly can.” Mr. Repperger commented the time and expense of litigation is not necessarily the effective way to go. The Legislature may do something about this problem rather than have the court system clogged up with a number of Violations Committee cases. The Legislature may allow “fining authority” rather than get to that point. Mr. Guinther felt the HOA as mentioned in Mr. Ferris’s letter is adequate to pursue “this type of thing”. He felt the Code Enforcement department could be reduced to a manager and a clerk. Mr. Allan commented that would be the management company’s job to review and advise. Ms. Weglein commented the discussion was premature; she suggested letting the management company and Mr. Repperger survey the situation and proposed that the issue be tabled for a while [indefinite time period]. In response to Mr. Farrell, Mr. Repperger said he continued to work with District 3 and the attorneys in Tallahassee to lobby for changing the legislative provisions regarding code enforcement. Mr. Bleau moved the question.
Ms. Weglein sought the Board’s permission to assign Diane Sauls to take over some of the payables function as she has done in the past. Mr. Alford is currently handling two full time jobs including payroll. Ms. Weglein acknowledged the salary structure might have to change since Ms. Sauls and Ms. Hay are under contract as independent contactors who do not enjoy company benefits.
Mr. Farrell made a motion to keep them on under their current contract until the management company determines they are no longer needed. Second Mr. Bleau.
Ms. Weglein asked Mr. Farrell to amend his motion to include authority to inform Muse Alford that Diane Sauls will be helping with payables. Mr. Bleau supported Ms. Weglein and mentioned how much money has been saved. Ms. Crouse commented the only money saved was benefits because the District has given Ms. Sauls and Ms. Hay the salary formerly given to the Community Manager. Ms. Crouse said “we” could not continue to pay Ms. Sauls and Ms. Hay the current salary once the management company was in place. There would not be money for that. She recommended a one-month extension of their contract to January 1st. Mr. Farrell and Mr. Bleau amended their motion to extend Ms. Sauls and Ms. Hay to January 1st [2008].
Mr. Guinther recommended their contract be extended to January 11th as that is the next Board meeting. Mr. Ferris commented the job that was vacated by Mr. Mata should be advertised. Mr. Allan commented the money for Mr. Mata’s position no longer exists; it’s being used to pay the management company which will bring in their own financial staff. Mr. Allan asked if a motion was necessary to clarify that. He said the management company needs to be made aware of this as well, and that there are no funds to continue in the positions, or for the work, that Diane Sauls and Vicky Hay are currently doing. The positions are, however, necessary, as is the work; the positions should be created, advertised, and Ms. Sauls and Ms. Hay interviewed in the process.
Mr. Farrell made a motion to allow Ms. Weglein to extend Ms. Sauls’s duties to include accounts payable. Second Mr. Bleau. Motion carried unanimously.
Ms. Weglein assigned Liaison Designees. Mr. Allan, Code Enforcement; Mr. Peet, Pier and Canals; Mr. Farrell, Food and Beverage; Mr. Bleau, Golf; HOA and Youth Group, Ms. Crouse; Mr. Ferris, Property Services; Mr. Klosky, RV lots and the Shopping Center; Mr. Guinther, Recreation Components (includes Pools); Ms. Weglein, Administration and Legislation.
Ms. Weglein entertained a motion to fill the ARCC Chair position. Ms. Weglein briefly explained what the ARCC chair does. There were no volunteers. Mr. Allan nominated Mr. Peet. Second Mr. Ferris. Motion carried unanimously.
Ms. Weglein commented the District’s computers went down a week ago Tuesday. Stephen Rice of Barefoot Bay and a technician from Computer Health Care in Sebastian were called in. It was discovered the server had been wrongly configured “from the beginning”. Mr. Rice recommends securing a second server to work in tandem with the one the District has. He provided the District with a list of 25 recommendations. (Attached for reference). Ms. Weglein said the IT team “rescued’ four computers that were deemed “dead” and now will be in service without having to buy new. Mr. Guinther commented Mr. Rice feels the District can do what is needed for under $7,000. He pointed out the management company had said the District should hire an IT person and feels [we] should hire the one who’s worked with us “and get on with it.” Mr. Allan feels the issue should go out to bid. Mr. Bleau suggested the Board consider a monetary award to Mr. Rice for his work.
Mr. Allan made a motion to move forward with the 25 recommendations provided by Mr. Rice. Second Mr. Guinther. Mr. Repperger clarified that the motion was to make the 25 changes at a cost amount not to exceed $7,000. Mr. Allan and Mr. Guinther agreed and it could be executed without returning to the Board for additional approval. Motion carried unanimously.
Ms. Weglein explained to Ms. Crouse that the Sharp copiers still have active leases on them which is why the District is upgrading with the same company. One will expire at the end of the month. Most companies won’t lease with us for only one copier, so we’re staying with the one we have. The leases include the service agreement and toner supplies. Mr. Guinther requested Ms. Weglein ask Atlantic Business Systems the difference between the 4 and 5 month terms. Mr. Repperger advised bringing the answers to the questions back to the Board in a meeting.
Mr. Guinther made a motion that Ms. Weglein should proceed with procuring the copier upgrades and sign the new leases. Second Mr. Farrell. Motion carried unanimously.
Bank of America Bank Signatures: Mr. Ferris made a motion to remove Michele Donahue and place Tom Guinther on the District account as Treasurer. Second Mr. Allan. Motion carried unanimously.
SBA Accounts in Tallahassee: Ms. Crouse made a motion that Michele Donahue be removed from all accounts involving the District and to place Tom Guinther on them. Second Mr. Klosky. Motion carried unanimously.
Presentation to Youth Group: Mr. Guinther participated in a benefit golf tournament for the Youth Group before he became a Trustee. The tournament raised $1,100, which he presented to Robin Phillips, the Youth Group Coordinator. There will be another tournament to sponsor the Youth Group on March 29, 2008.
Ms. Weglein reported Food and Beverage has asked for an increase in the operating banks to $2,600 because of increased business [the “season”]. Mr. Allan made a motion to start the banks at $2600 in November and reduce them to $2100 in May. Second Mr. Klosky. Motion carried unanimously.
Ms. Weglein reported the owner of the Laundromat may have an opportunity to sell the business.
Ms. Weglein requested authority to sign the Pro Shop’s blanket purchase orders in the amount of $38,250. The purchase orders are within Ms. LoBello’s budget. Mr. Ferris made a motion to allow Ms. Weglein to sign the purchase orders. Second Mr. Klosky. Motion carried unanimously.
FEMA came back with some questions. Ms. Weglein obtained the answers from Frazier Engineering, replied on letterhead, and faxed FEMA. One question was “did we disturb the manatees when the District built the pier?”
Employee Christmas party: The managers wish to hold the party Tuesday, December 18th from 6 p.m. to 8 p.m. in the Lounge. Mr. Guinther made a motion to give gift certificates in the amount of $30 each with no drink tickets. Second Mr. Bleau. Motion carried unanimously.
Attorney’s Report: Mr. Repperger reviewed the Pool 1 contract and will talk it over with Ms. Weglein.
Trustee Liaisons:
Mr. Bleau asked Mr. Repperger if the weir repairs were going back to Frazier for authorization. Mr. Repperger said he sent the MEC report (attached for reference) to Frazier. Mr. Repperger scheduled a conference call among Frazier, Ms. Weglein and himself for Monday, December 3, at 2 p.m. After the conference, the issue will be brought back to the Board for instructions on how to proceed.
Mr. Klosky reported the HOA Thanksgiving dinner was a success. The parade on December 2nd will start from the 19th Hole at 6 p.m. with festivities afterwards at the Community Center area. Representative Ralph Poppell and Commissioner Helen Voltz will be in attendance. December 11th is the HOA regular meeting at 7 p.m.
Mr. Ferris reported 98% compliance with new RV agreement. He complimented Betty Bailey on her hard work and the reorganization required to transition everyone from the old agreement to the new one. He thanked Steve Rice for his work on the computer system for the last few days. Mr. Ferris encouraged residents to turn out for the parade and the entertainment.
Ms. Weglein reported ARCC issued 51 permits and said ARCC meetings now take only about two hours. Completed inspections were 27.
Mr. Guinther reported the Golf Committee will hold their monthly meeting December 7 at 9 a.m. in Building D&E.
Audience Participation
Jeanne Osborne commented the DOR was done by Avatar; when Avatar divested they left it with the HOA. Their security department became our “community relations department”. In 2000 the HOA voted to give the District responsibility for administering the DOR. The community relations department used to issue the DOR infractions with letters; if people didn’t comply, the matter went to the attorney.
Charles Mershon decided to wait until Mr. Repperger dealt with Code Enforcement.
Jack Reddy concurred with hiring the management company and asked that quarterly reports be published in the Tattler.
Robin Phillips said the Youth Group will be in the parade. The Youth center will be open on Tuesdays and Thursdays from 6-8 p.m. to try to lure the troublemakers out of the Library on those nights. She said it’s better to get them involved and off the streets. Ms. Phillips welcomed Ms. Crouse aboard as Trustee Liaison to the Youth Group.
Elizabeth Showers asked about Pool 1 closing. Ms. Weglein responded Pool 1 will be closed sometime in December but the exact date isn’t yet known. A signed contract must be obtained first.
Adjournment
Ms. Weglein entertained a motion to adjourn. Mr. Farrell made the motion to adjourn. Second Mr. Bleau. The meeting was adjourned at 9:12 p.m.
Louise Crouse, Secretary Barrie Jenkins, Recording Secretary
THIS DRAFT OF MINUTES HAS NOT BEEN APPROVED BY THE BAREFOOT
BAY RECREATION DISTRICT BOARD. IT IS SCHEDULED FOR APPROVAL DURING THE NEXT MEETING.
PHONE: (772) 664-3141
FAX: (772) 664-1928