Minutes for December 9, 2005
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DRAFT
Board
of Trustees Regular Meeting
Friday,
December 9, 2005
1:00 p.m. – Building D&E
Chairwoman Wilma Weglein called the meeting to order at 1:00 p.m.
Ms. Weglein requested a moment of silence for our troops abroad wherever they are serving. Amen.
Ms. Weglein led the Pledge of Allegiance.
Ms. McCahan called the roll. Mr. Bailey was excused. Mr. Torpy was present as counsel.
Ms. Weglein presented the minutes of November 27, 2005 for approval. Ms. McCahan made a motion to approve the minutes. Second Mr. Smith.
On page 5 correct the typographical error: “gold” is “golf”. “Bid” becomes “bids”. On page 6, “regarding the charter review”, “next November” is “November 2007.” Under New Business, write out the word “resolution” instead of “reso”. On page 7, “Mr. Hunt stated he would” . . . ..
Motion made to approve the minutes as amended. Motion carried unanimously.
Ms. Donohue commented expenditures are in line and percentages are where they should be for this month. Mr. Hunt commented the bank has ACH (automatic deduction) cleared up. Proper payments have been taken out. The auditors are in the audience and available for questions. Mr. Bolon asked if the financial report was a balanced report through November. Mr. Hunt responded it was all the expenditures through November 30th. All revenues are not on the new system yet. The trial balance is expected to be available on Tuesday, December 13th. Representatives of IMS are coming in to assist with the transfer of data to the new system. Yvonne Claybourne of Bray Beck and Koetter commented that when the auditors arrived “about two weeks ago” it became readily apparent there was no complete set of books. The bulk of the transactions were reported in the old software after September 30, 2005. Primarily, the revenue transactions and the general journal entries were posted in IMS. As a result of that [we] were not able to audit the general ledger. [You] can’t start an audit if there is nothing to audit to. There are no balances. The District manager and Bray Beck and Koetter’s chief financial officer agreed the auditors should come in and assist the District in methodology, to systematically audit month by month from year end September 30, 2005, five reconciliations in all, to insure all of the transactions were captured in the IMS general ledger. When that is finished, [we] will be able to start the audit. Bray Beck and Koetter expects the audit to take about ten business days.
Ms. McCahan asked if the IMS representative would arrive “up to speed” on what was going to be required. Ms. Claybourne responded she would take it upon herself to contact Leah (the IMS representative) and inform her regarding what was expected.
Mr. Bolon requested a trial balance. Ms. Claybourne responded there is no trial balance available in either system. Mr. Bolon asked what the special pay designation for $42,000 involved. Mr. Hunt responded that he would find out what it was and advise the Board immediately. (Mr. Morgan was not in attendance at this meeting.)
Ms. Weglein commented that under the existing charter, a 2nd Vice Chairman is required. Mr. Bolon nominated Mr. Helmerich. Second Mr. Bleau. Mr. Smith nominated Mr. Bleau. Second Ms. Donohue. Mr. Bleau declined the nomination. Mr. Bolon moved to close the nominations. Mr. Carillion seconded closure of the nominations. Mr. Helmerich was made 2nd vice chairman with Mr. Smith and Ms. Donohue dissenting.
Assistant Secretary and Assistant Treasurer are not required.
Tom Radford presented a series of optical sightings he had taken on the lake behind Building A. Mr. Radford feels the new weir is not maintaining water levels in the lake correctly. He objects to the weir bridge being designed with a dip rather than an arch. Mr. Hunt responded Frazier Engineering had designed the plans, and the contractor built the weir and the bridge according to specifications within 1 inch of tolerance. All the weirs are performing exactly as they were proposed in the project. Mr. Bleau pointed out that St. John’s Water Management team had also approved the plans Frazier Engineering drew up.
Jim Short, over 60 Softball, thanked Mr. Hunt and Mr. Norris for their efforts on behalf of the softball players. Mr. Short presented the league’s lack of adequate budget, saying that One Source certainly would not maintain the ball field in the condition it needed for that kind of money. If the District could afford One Source at the ball field, it could also pay those ballplayers who had a vested interest in spending their time to keep the field in good shape. Mr. Short pointed out that the workers on the ball field were being paid less than a dollar an hour for their work. Mr. Carillion asked if equipment was the answer for the softball league, or perhaps there might be some money in the budget that could be brought to bear to make things easier. Mr. Hunt responded there was. Mr. Carillion requested the softball league be placed on the agenda for January.
Weir project update: Mr. Hunt commented the steel had been delivered. The contractor will begin installing it “tomorrow”. Mr. Hunt acknowledged Mr. Bleau’s analysis that there would need to be some days added to the project. Ms. Weglein asked how long. Mr. Hunt responded it would be 2 to 3 weeks depending on weather days. Mr. Bolon commented the contractor should be finished with the pilings by afternoon.
Hurricane damaged houses: Mr. Hunt commented that project was completed for the base price that was bid. Mr. Bleau asked about 1105 Sabal Palm. Mr. Hunt responded the District is compiling a second list. The District will request the County to designate the homes on the second list as uninhabitable, and will ensure that all the homes are in the Code Enforcement process. If those two criteria are met, the District can bring the list to the Board for a second round of approval to demolish. Ms. McCahan commented that the house on Pecan that was demolished still has a problem with ragged grass. Mr. Hunt responded that lot mow orders are issued to owners who do not maintain their property according to the DOR.
Relocation of Green at Hole 13: Mr. Bleau made a motion to proceed with the bid from DST to move the green at Hole 13 for al cost of $22, 480. FEMA will reimburse 90% of the project. Second Ms. McCahan.
Mr. Bolon commented on the Golf course maintenance facility. Mr. Hunt commented the Golf course maintenance facility and moving the green would be well covered in the $147,000 the Board budgeted for that purpose.
Mr. Bleau amended his motion to include the lawn bowling project. Second Ms. McCahan.
Motion carried unanimously.
Softball field improvements: Mr. Hunt commented the labor force improvements would begin the week of December 19th. The 60/40 clay is about to be delivered. Inadvertently, the Kubota tractor has been delivered. The tractor is scheduled to be sent back. Ms. McCahan made a motion to purchase the Kubota, keep it on the premises, and make good use of it. Second Mr. Carillion.
Mr. Bleau objects to the Kubota without the Board’s prior approval. He feels that saying yes to the softball league means having to say yes to all the clubs. Going with One Source may be cheaper than buying a tractor and that information is not available yet. Ms. McCahan commented the softball players would revamp the doorway to the storage shed for the tractor.
Mr. Hunt concurred the tractor would be housed at the ballpark, but be available to the District where ever it needed to be used. Mr. Helmerich was more in favor of a backhoe.
Mr. Bolon moved the question.
The motion to purchase the Kubota passed. Mr. Bleau, Mr. Bolon, and Mr. Helmerich dissented.
Mr. Carillion made a motion to raise the yearly stipend for the softball league. Second Mr. Helmerich.
Mr. Carillion requested Mr. Hunt to begin talks with Mr. Short and bring the information to the next Board meeting. Mr. Bolon objected, saying the financials need to be made clear before more money is spent. Ms. McCahan and Mr. Carillion concurred that if the Golf course could be improved, a recreation facility such as the ball field should be improved as well. Mr. Hunt commented the golf course funds would come from the capital fund that could be accessed only by resolution of the Trustees Board. The money to increase a line item would come from an unreserved fund balance. Mr. Carillion commented he was in favor of letting the softball league do their own work rather than bringing in One Source because the league players were more familiar with what they needed for the ball field and more involved in the process. Mr. Bolon moved the question.
Motion passed. Mr. Bleau dissented.
Portable panels for Building A: Mr. Hunt commented the panels are moveable modesty curtains for use by clubs during theater shows. Mr. Carillion commented in favor of the panels. Ms. Weglein asked if the $1,870 included tailgate delivery. Mr. Hunt responded he believes it does. Mr. Bleau requested the Board consider completing ADA compliance projects first. He suggested approaching the clubs about raising money to pay for the curtains.
Mr. Smith made a motion to purchase the curtain panels. Second Mr. Carillion.
Mr. Helmerich and Ms. Donohue concurred that necessities should be taken care of first. Ms. Weglein asked who had requested the curtains. Mr. Hunt replied staff presented the original idea last spring in response to inquiries by the clubs. Ms. Weglein moved the question.
The motion failed 2 ayes 6 nays.
Mr. Bolon suggested keeping the second scheduled Board meeting in
place for December. Mr. Bleau made a motion to keep the schedule as is. Second Mr.
Helmerich. Mr. Torpy asked if the motion was being made to give the Chairperson authority
to cancel the second meeting at the Chair’s discretion. Motion passed unanimously.
Mr. Hunt commented he has an appointment December 12 at 2 p.m. with Frazier Engineering to view the completed plans for the pier. Under normal circumstances a specification book would be compiled, then sent out to bid. If the Board chooses, Mr. Rath of SKHC, the contractor who is building the weirs, has expressed interest in building the pier. A contract amendment could be made to the existing contract that pier construction could start as soon as the weirs are completed. The advantage is there would be no delay and no remobilization process, including no mobilization charges.
Mr. Bolon asked if using SKHC had been approved by FEMA. Mr. Hunt responded he was taking it to the Board before he approached FEMA. Mr. Bolon asked Mr. Torpy if a competitive bid was required in this case. Mr. Torpy responded that because of the amount involved, a competitive bid might be necessary. He will look into it if the Board wishes to entertain the idea of going with SKHC without an outside bid. Mr. Torpy commented he will accompany Mr. Hunt to Frazier Engineering on Monday to review the plans. The Board directed Mr. Torpy to look into entering into a contract amendment with SKHC. Mr. Helmerich favors a standard bid and award process.
Mr. Hunt suggested March 7, 2006 as an election date on the proposed charter amendments. The election will cost $8,000 to $10,000. Mr. Hunt suggested approximately four town hall meetings should be held, three of them in the evening. Mr. Bolon and Mr. Hunt would conduct these and discuss the changes with the residents. Mr. Hunt proposes to speak with the clubs regarding the recommended charter. Mr. Bolon commented the legislature will want to know what the majority of residents want as opposed to hearing just from the Board of Trustees or limiting the issue to registered voters only. Ms. Weglein suggested this could be accomplished by a straw vote. Ms. Weglein asked to whom the charter amendment had been presented. Mr. Hunt replied it was two senators and five representatives. Although a referendum on the charter is not technically necessary, based on conversations between the Board and the legislators and county commissioners in the past, a resident consensus is advisable. If the consensus is positive, there must still be five changes to the governing state statutes. The county must then renew, change and adopt 84-5, which is the Brevard County ordinance that governs the District. Mr. Carillion commented that if the election is not held, then the District may not pursue the charter amendment. Ms. Weglein said she will contact Ms. Voltz, Mr. Hairidopoulis, and Mr. Poppel to obtain a sense of their input. Mr. Hunt commented that although a referendum was not a legal requirement, the District would do it at the behest of officials “up the line” who want to measure the popularity of the charter issue with the residents. The other item is there is a third compromise available. There could be a local referendum of all the homeowners and take a majority vote from that. The District would not be held to the rule of “50% plus 1” on that particular item. Mr. Torpy concurred that this was correct.
Ms. McCahan asked for clarification. Mr. Hunt responded if the District goes through the Supervisor of Elections the vote will be limited to qualified electors. Taking the charter amendments through the DOR process, it would be one vote per household. Or there could be a hybrid process that allows one vote per household and takes the majority votes as the win. Ms. Weglein asked if it was agreeable to the Board members that she proceed. The Board concurred unanimously.
Mr. Hunt reiterated his question regarding the town hall meetings. There was no conclusive answer to his question.
Ms. Weglein addressed Mr. Hunt’s evaluation. Mr. Smith commented that he would like to change his evaluation of Mr. Hunt from “satisfactory” to “outstanding” with an increase in compensation. Mr. Helmerich disagreed. Ms. McCahan supported the suggestion that the District pick up a portion of Mr. Hunt’s health insurance. Mr. Bolon made a motion to re-evaluate Mr. Hunt in 6 months. Mr. Carillion gave Mr. Hunt an “excellent” rating and feels the Board should stick with Mr. Hunt’s contract as written. Mr. Bleau complimented Mr. Hunt, but said he had concerns with payroll, insurance, and staffing changes. Mr. Bleau wants the employee handbook finished. Ms. Weglein agreed with Mr. Bolon the Board should keep the status quo and re-evaluate Mr. Hunt in six months. Ms. Weglein especially desires to see employee salaries in the lower ranks upgraded to become competitive with other area employers. Mr. Bolon moved the question. Mr. Helmerich seconded Mr. Bolon’s motion to maintain Mr. Hunt’s salary at its present level and to review it in six months. The motion passed. Ms. McCahan and Mr. Smith dissented.
Mr. Hunt requested additional resources to commit to Non-Profit Technologies for assistance in the transition to the new financial reporting system. $9,000 will purchase 2 modules of the accounting program and additional installation and staff training. Ms. Donohue commented that accounts payable billing was included in the original software package. Mr. Hunt responded that the original billing module had been exchanged for a bank reconciliation module that was needed more urgently. Now [we] need accounts receivable regular and accounts receivable billing.
Mr. Bolon asked who had been trained in the new system. Mr. Hunt responded that he, Mr. Geer, and Mr. Morgan; Sue Enslow on payroll, and Diane Sauls on accounts receivable and payable; Ms. Hay was trained in accounts receivable. Mr. Bolon asked why, if staff is trained, more training is necessary. Mr. Hunt responded the District is transferring 11 years of records, piece by piece, into a new operating system, and then trying to automate that system. The District is having problems with that, and [we] need additional help. Ms. McCahan commented that Code Enforcement and Building B staff couldn’t access the system to perform their regular work. Ms. Weglein commented there were certain reports that used to come out of the IMS program. NPT was not asked to provide essential work systems in their software that would provide these reports. The time card program that was installed does not work. Ms. Weglein asked why there wasn’t more employee input to NPT in the beginning. She feels that if NPT had had an essential idea of necessary programming, the new system would be more efficient.
Mr. Bolon made a motion to extend the meeting past 3:00 p.m. Second
Mr. Bleau. Motion passed.
Mr. Hunt responded that employee input had been solicited. All the services the District provides were charted for NPT. Mr. Hunt acknowledged a couple of employees are very frustrated because they feel they were ignored, and change comes hard. The objective is to get all employees comfortable with the new system. Mr. Hunt requested that the trustees defer judgment until all sides of the story were known.
Mr. Bolon made a motion to table the request for $9,000 additional resources until the audit is complete. Second Mr. Smith
Ms. McCahan and Mr. Hunt concurred that Mr. Hunt would need the additional resources to fulfill the 6 month mandate to “fix things” the Board had given him. Discussion ensued among the Board members and Mr. Hunt. Mr. Bleau ended the discussion by concluding Mr. Hunt’s request was a necessary one and asking Mr. Bolon to amend his motion to table.
Ms. Weglein requested Mr. Hunt to provide the Board with ongoing,
informative progress reports. Mr. Bolon withdrew his motion. Mr. Smith withdrew his
second.
Mr. Carillion made a motion to authorize $9,000 to purchase
the NPT accounting system modules Mr. Hunt requested. Second Ms. McCahan and Mr.
Smith (simultaneously). Motion passed unanimously.
Nation’s Fence submitted a bid to the District to fix the fence on Tamarind that was damaged by Hurricane Wilma. Mr. Bolon asked why the fence needed to be fixed. Mr. Geer explained to the Board that Hurricane Wilma had thrown part of a house through the fence. FEMA will reimburse the District about 85% on the repair. The ball field fence also suffered in the hurricane. Both fences were set in concrete. Ms. Donohue asked if insurance would cover the repairs. Mr. Hunt responded the District has a $2500 deductible on each site. Mr. Hunt responded to Ms. McCahan that the fence covering up the dumpster at Building A could not be added to a FEMA claim, but it could be added to the contract with Nations Fence as long as they were on site for other work.
Mr. Bleau objects to the box trailer behind 2002 Restaurant, and the ovens in the alley. Mr. Bleau wants the equipment removed, not covered up by a fence paid for by the District. Put the canopy to the front door back up. Mr. Geer commented part of the money allocated for the project is committed to sturdier canopy supports that come under insurance and FEMA reimbursement as hurricane repair. Mr. Geer and Mr. Hunt will meet with FEMA next week. Mr. Bleau asked Mr. Hunt to investigate the area around the restaurant. Residents are not allowed to have unsightly equipment around their homes, and other areas shouldn’t be allowed to, either. Ms. McCahan concurred with Mr. Bleau. The shopping center needs to look like an attractive commercial enterprise. Either a fence goes up to hide 2002’s mess, or it is removed and cleaned up.
Mr. Bolon made a motion to pay for both --$8,290.06 Second
Mr. Carillion. Motion passed unanimously.
Mr. Torpy asked to be excused. Mr. Bolon asked Mr. Torpy about the status of the employee handbook. Mr. Torpy responded the employee handbook project had been removed from his “to do” list after the first draft was sent to the District in November 2003. The handbook needs to be work shopped.
Ms. Weglein assigned liaisons. She requested the liaisons present at least one report a month on the assigned department to the Board. Any questions or concerns in the assigned area should be taken to Mr. Hunt and not discussed with the employees first. Mr. Bailey is assigned to Property Services; Mr. Bleau to canals, weirs, the pier, and the beach; Mr. Bolon to Code Enforcement; Mr. Carillion to ARCC; Ms. Donohue to recreational needs; Mr. Helmerich to the shopping center; Ms. McCahan to Food and Beverage; Mr. Smith to the Golf course; Ms. Weglein to Administration and legislation.
Mr. Bleau quoted the DOR that the Trustees Board as a whole nominates the Trustee who would sit on the ARCC Committee, and asked that nominations be taken from the Board as a whole to fill that position. Ms. Weglein entertained nominations.
Ms. McCahan nominated Mr. Carillion. Second
Mr. Helmerich and Ms. Donohue (simultaneously). The nomination was confirmed
unanimously.
Mr. Bolon commented under Article 6, Section
3, Paragraph 3: the Trustee who does not have any authority to sign District checks shall
be appointed by the Board to review monthly bank statements for accuracy. Ms. McCahan nominated
Mr. Bolon. Second Mr. Smith. Motion passed unanimously.
Mr. Hunt proposed to the Board that the Code Enforcement workshop be held the third Friday of January, which would be January 20th, from 1 to 3 p.m. Mr. Bolon asked if anything coming out of the Code Enforcement workshop would be likely to go on the ballot with the charter amendments. Ms. Weglein agreed something probably would, and set the meeting on January 6th from 1-3 in D&E. Mr. Carillion and Mr. Smith will not be present. The work shop will include the Code Enforcement Board, ARCC, the District and residents.
Mr. Bolon asked Mr. Hunt if there was further word from the County on the well at the front entrance. Mr. Hunt responded there was not. Mr. Bolon asked why the front entrance had not been decorated for Christmas. Ms. McCahan asked for status on the PA system for Board meetings and in Building A. Mr. Geer responded that regarding Building A, the acoustics of the building itself is causing the problem. Ms. Donohue commented there used to be flags on the walls that helped with sound. Mr. Geer said the flags were very old, and had not been put up again when removed for renovation of Building A. Mr. Geer has been in contact with sound studios regarding D&E. Professional grade cameras and wireless mikes will cost about $13,000.
Mr. Carillion requested the status on security cameras at the pools. Mr. Geer responded the hurricanes damaged the cameras somewhat, but they were still useable.
Mr. McPheters resigned from the ARCC. The
alternate is Robin Phillips. Mr. Carillion made a motion to accept Mr. McPheters
resignation, and appoint Robin Phillips as the new alternate. Second Mr. Smith. Motion
carried unanimously.
Ms. McCahan commented on posting Code Enforcement fines on the bulletin board. Mr. Hunt responded he would make her request a higher priority. Ms. McCahan asked if escorting employees at night was in the job description of the Code Enforcement officer assigned to the night shift, and if not, could it be made part of the job description. Mr. Hunt responded that the officer’s job until now has been to escort the bartender to the money drop box at the end of the shift. Mr. Hunt replied he would look into including “security” duties in the job description. Ms. McCahan Ed, Jim, and all the employees who helped this week putting up Christmas decorations and plants outside Building A.
Ms. Donohue, speaking as Recreational Needs liaison, asked, “where are the bathrooms” [tennis?] Mr. Hunt replied, “How much would you like to pay for them?” Ms. Donohue clarified that she was talking about the portables.
Ms. Weglein requested the RV lots be put back on the agenda.
Roland Boas requested that since the snafu regarding the assessment fees was the bank’s fault, the bank should write letters of apology and explanation to the residents who were involved in it and absolve Mr. Morgan of responsibility.
Albert Eckhart –706 Barefoot Circle – requests that the bad spot in the road in front of his house be fixed. He says he has phone the County himself and gotten the runaround. The white lines need to be repainted on the newly asphalted road on Barefoot Boulevard.
Ted Firlein commented it was a sad situation when a resident was observed carting away the poinsettias in front of Building A after a club party. Mr. Firlein commented that a few months ago a band consisting of Barefoot Bay residents who owe assessment fees and Code Enforcement fines was hired by the Lounge to perform. The band had been banned from playing here until they paid what they owed. They played, and they were paid. They also have a January booking.
Jeanne Osborne thanked Sharon Sullivan and the employees who did set ups for the ladies’ golf luncheon. The maintenance crew did an outstanding job. Ms. Osborne commented the golf course largely pays for itself through dues. Other facilities do not. The golfers largely furnished the 19th Hole, and raised about $10,000 for improvements on the golf course. The charter currently in place spells out how to amend it. Ms. Osborne believes it does call for a resident vote.
Dick Gee commented on the Building A acoustics. HOA meetings are losing its audience because the Building A acoustics are so bad. Mr. Gee believes the acoustics in Building A can be improved. Ms. Weglein suggested Mr. Gee get together with Ed Geer.
Ms. Weglein commented there probably would not be another Trustees meeting in December.
Mr. Bleau asked when the doctor would be back in the shopping center. Mr. Hunt responded the doctor’s assistant was coming to make a list of what they needed in the office, and they are expected to move back in “this week”.
Ms. Weglein entertained a motion to adjourn. Mr. Bleau made the motion to adjourn. Second Ms. Donohue. The meeting adjourned at 4:23 p.m.
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