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nonresident fees in other areas to offset that cost. If nonresidents are going to pay less then the residents are going to have to pay more. Ms. Klein asked do you agree that if those nine current nonresidents go away that we lose that money anyways? Mr. Lansdale responded I dont know how we would be able to judge that. Ms. Kannatt-Gapinski stated I believe we can do this without a rate hearing because we have rates in place and we can set a fee lower than the current rate is. Is that correct? Ms. Kilinski responded yes. I have never seen anyone challenge paying less. By not adopting it by rule, you do run that risk but it is a pretty low risk. I would recommend that Edd advertise on the website as soon as possible to make sure everyone knows what that new fee is. I dont have a legal concern about adopting something that is lower than the range.

On MOTION by Ms. Page seconded by Ms. Jacob with Mr. Lansdale voting nay & Ms. Klein & Ms. Kannatt-Gapinski voting aye to Reduce Summer Swim Team Fee to $100 per Family for Nonresidents & to Remove the Advantage of Using the Facilities was approved. TENTH ORDER OF BUSINESS Review of Annual Performance Evaluation of General Manager Ms. Kannatt-Gapinski stated the next item is review of the annual performance

evaluation of the general manager, which is beyond the 12 month period of when Edd was hired. Before we get into the review, I would like Jennifer to briefly go over the guidelines that the supervisors received with their review packets. Ms. Kilinski stated this performance evaluation that you all filled out was drafted by your general manager several years ago. As you may recall about a year and a half ago, we commissioned an employment lawyer to review the documents for sufficiency under employment law and they did sign off on these performance evaluations as being legal sufficient and compliant. I think to the extent that you all want to discuss the performance criteria and discuss the rankings and ratings then it is perfectly fine. We have discussed the public record nature of these. They are not exempt from public record. Anything that would have been exempt, we would have discussed ahead of time. Ms. Kannatt-Gapinski stated we received a packet and there were instructions on the front of the packet. One of the first instructions was to review the employees performance for
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the entire period and to refrain from basing judgments only on recent or isolated events. We were also directed to disregard our general impressions of the employee and concentrate on rating one factor at a time. We are also supposed to consider the employee on the basis of the standards expected to be met for the job. Keep in mind that any relevant importance of the factors will vary according to the position. This performance evaluation is something that I take extremely seriously and I am sure my fellow Board members do, as well. I was tasked as the Chair to receive the evaluations and then sit down with Edd to go over them. We have all received the evaluations and we may or may not all have copies of them with us tonight. I have copies of them with me. I was alarmed by the disparity that was demonstrated between the evaluations. Three supervisors, myself, Cathy Klein and Pat Jacob in reviewing each category there is anywhere from two to five areas that we were to look at. The first category being knowledge and skills, planning and management, performance, communication and customer service is the fourth and professional conduct is the fifth. We were to score them from one to five with one being the lowest ranking and five being the highest. One meaning not effective. Number two is needs improvement. Three is meets expectations. Number four is exceeds expectations and five is outstanding. I, Pat Jacob and Cathy Klein found Edd to be a four with exceeding expectations. Two supervisors, Supervisor Page found that Edd was a number three overall and Supervisor Lansdale found that Edd was a two. If you look across the board at knowledge and skills, number one job knowledge, there were three fives and two twos. How we can have a general manager, who has performed for us for a year plus and operated with a budget that he was handed and saved us just under $400,000 this year and have such a disparity is astounding. I am disappointed. Supervisor Page and Supervisor Lansdale asked to delay the evaluation period until the final budget numbers were in. Yet, they dont talk about the budget in their evaluations. I am almost at a rare loss for words. Natalie, I just have a couple questions for you. Under knowledge and skills under job knowledge, the category is possesses and applies the necessary knowledge and mechanical skills for the position and you say you are unable to be objective with this category. If you are unable to be objective, I think that should be thrown out. Ms. Page stated I think before we start examining individual comments and rankings that as much as you are astounded by Supervisor Lansdale and my evaluation, it can go both ways. It astounds me in all aspects that you gave him a majority of fives as outstanding. Everyone has

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room for improvement, so how can someone get a level five in almost every category. That means they are perfect and that there is no improvement needed. Ms. Kannatt-Gapinski stated no. You are supposed to base it on where they are in their job at the time. That is why I went through the directions. Ms. Klein stated we each submitted a performance evaluation. these evaluation documents? I am not sure what you want us to decide. Ms. Kannatt-Gapinski responded I believe that we have to come to a decision as to what direction we want to give the general manager going forward. I am supposed to use the evaluations that I received as a guide in coming up with goals and objectives for the general manager. Ms. Page asked are you supposed to be coming up with those or are we as a whole Board supposed to be coming up with those? Ms. Kannatt-Gapinski responded well, I was tasked with sitting down and going over that and to bring back to the Board the goals and objectives combined. Ms. Klein stated I think it is fine for us to have a conversation about goals and objectives. I just dont know what I would decide concerning documents that have already been submitted for his evaluation. Ms. Kannatt-Gapinski stated I guess my question is in going through some of these is whether or not the evaluation is valid and needs to be reconsidered before it is included. If you are unable to be objective on a category then should you really be evaluating that category? Should that be included in the overall general score? Ms. Page responded if you feel like you have to leave it out then that is your call. Ms. Kannatt-Gapinski stated I am asking the Board. Mr. Lansdale asked who produced this spreadsheet? Ms. Kannatt-Gapinski responded I did. Do you have a problem with it? Mr. Lansdale asked you produced that spreadsheet? Ms. Kannatt-Gapinski responded my husband made a correction on a calculation for me because for some reason it wasnt rounding right on one calculation, so he looked at that. What is the problem? I dont expect this conversation to change anyones mind. The question I have is, are we intending to go through

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Mr. Lansdale asked has everyone looked at this spreadsheet? Based on what I observed in trying to be objective, I probably wouldnt have Excel rounding up every single time to get the results that I am looking for because that is what it looks like. Let me show you. When you do a real average rather than use the round up function, it changes all of the scores. Ms. Kannatt-Gapinski stated I am not an expert in Excel. I filled out the spreadsheet. Mr. Lansdale stated but the way that it was done does look like something was done on purpose to deceive. Ms. Kannatt-Gapinski stated of course because I always do things to deceive. That is always my intent. I am saying that facetiously in case anyone wants to use those words when they are printed in the record. Ms. Klein stated at the current time I dont believe we have a performance evaluation process that links the ranking to anything. It is an obligation of any boss, who employs someone that they supervise to do some sort of evaluation. If they said they would do it then they should do it. My understanding of the process as we currently have it in place is no matter what the number is, it doesnt link directly to anything. If we are going to make a decision about compensation, this doesnt have a formula linked to compensation. The more time we spend on this tool arguing about the numbers, the more time it takes up on the agenda and I dont see what we would be making a decision about. Mr. Lansdale stated my goal was just to make sure that we all had the right averages because the spreadsheet definitely biases it a little bit with inaccurate information. When you round up a 2.3 to a 3 or a 4.1 to a 5. You rounded up a 4.1 to a 5. I think that is pretty sketchy. Ms. Klein stated there is a range of numbers. It is not just the number that you calculated on the right hand column that determines it. It is the number in the sub total line that fits into the range given the tool that we have. Ms. Kannatt-Gapinski stated right. Ms. Klein stated I think that is how the tool works. Mr. Lansdale stated you go through and add up all of the numbers and divide it by the number of categories, which is 18. Then you get a different average than what was printed originally. Ms. Klein stated I dont think that is what determines it though.

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Ms. Kannatt-Gapinski stated right, so 73 to 90 is a five. 55 to 72 is a four. 37 to 54 is a three. 19 through 36 is a two and 18 or lower is a one. Mr. Lansdale stated well, I didnt touch that. Ms. Kannatt-Gapinski stated that is the calculation. That is what we have been doing for three years. Mr. Lansdale stated you rounded up a 4.7 to a five. You rounded up a 4.5 to a five. You rounded up a 1.6 to a two. You rounded up a 2.3 to a three. You rounded up a 4.1 to a five. Ms. Kannatt-Gapinski stated I can tell you that it wasnt any deception. I will tell you that it was a computer calculation. Mr. Lansdale stated and I will tell you that you did two different things in that spreadsheet. The side category was all done in averages and the bottom set was rounded up. That is clearly on purpose. Ms. Kannatt-Gapinski stated it was not done on purpose to deceive. Ms. Klein asked since we have established that there are differences of opinions on the spreadsheet, what is it that we should be deciding, so that we can move forward on the agenda? Ms. Kannatt-Gapinski responded I think we need to decide on what direction we want to give our general manager going forward and what goals and objectives we want to give him going forward. Most of us put goals and objectives on our evaluations. I think they can be summarized down to implementing the mission of the Board of Supervisors as stated on our agenda in a cost effective manner and to operate within or below budget. Those would be the general goals and objectives and I think we should give Edd that direction going forward. Some of us also included specific goals by department or by area. I think they all fall within that general goal or objective that we need to give him going forward and not be micromanaging him on each one of those goals. Ms. Klein stated I expect you to summarize the five documents and goals that are suggested into categories. If you think that adequately describes it then I am fine with what you just said. Ms. Kannatt-Gapinski stated I believe that to be true. Ms. Klein stated I just got everyones individual forms, so I havent spent anytime constructing a summary list of goals and objectives.

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Ms. Kannatt-Gapinski stated Mr. Lansdale has two and a half pages of goals and objectives. Mr. Lansdale stated the majority of them are all budget related and you said I didnt include anything about the budget in my evaluations. I just want to be clear about that. Ms. Klein stated I think she meant the evaluation part and not the goals. Mr. Lansdale stated those arent goals. Ms. Kannatt-Gapinski asked so those are remarks and recommendations? I thought they were goals. Mr. Lansdale responded they are remarks based on the year end actuals. If you would have read it, then you would have seen that. Ms. Kannatt-Gapinski stated I did read it. Mr. Lansdale stated then your previous statement was inaccurate. What I would like to see is you summarize the goals and objectives and then I think we should bring it up at the next meeting and vote on it. I think that would be appropriate. Ms. Page stated if we have anything in addition to what we may have already said on those sheets that we have it all summarized and it could be distributed prior to the next meeting for us all to review. Ms. Klein stated I think it is fair to give the general manager direction. Mr. Lansdale stated I would also like to see the general manager come up with some goals and objectives that he would like to obtain, as well. Ms. Klein stated sure. I am actually hoping that your conversation with him included some of that input. Ms. Kannatt-Gapinski stated it did. I can tell you that we talked about areas that did not come in on budget this year and specifically, the caf. We talked about some ideas that he has to bring that closer to budget for next year. We talked about overall we were in the black and that we needed to stay there. We talked about meeting the mission of the Board to manage the resources of the CDD responsibly and enhancing the quality of life for the residents by continuing to provide superior amenities and services in an efficient and cost effective manner and doing that within budget. What I find very challenging is because there is such disparity between the comments and the evaluations that I would find it very hard to come up with

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anything that we would agree with as a Board beyond operating within the mission of the Board and operating the budget. Mr. Lansdale asked can we agree that this budget sets expense limits? Ms. Kannatt-Gapinski responded I dont think we can make flat statements like that. If revenue exceeds or if participation exceeds then your expenses are going to go up in particular areas. Mr. Lansdale stated that is not necessarily true. Ms. Kannatt-Gapinski stated I dont want to have a philosophical business discussion with you. Mr. Lansdale stated I dont want to have it with you either but I have to because I am obligated to because this has to do with the business of the CDD. I think what we need is objective criteria. Currently, we have a lot of subjective criteria. Ms. Kannatt-Gapinski asked so why dont you write the objective criteria? Mr. Lansdale responded I can do that. I can give everyone my list of ideas but I doubt you will agree with those because you dont want to micromanage the General Manager, which is really just another way of saying you dont want to hold him accountable. Ms. Klein stated I am going to interrupt this conversation at this time to move the agenda forward. I think we have agreed on a plan of action. ELEVENTH ORDER OF BUSINESSS Discussion of General Manager Compensation Ms. Klein stated I did review the survey that we paid for. We paid an HR expert for a

report about General Manager compensation. We took action at the time to increase the General Managers salary. We did it in a couple of steps. My understanding is we immediately moved to the bottom of the range that the expert recommended to us, as market based and reasonable, which is above where he had been at the time. We moved him to the bottom of that range. Later we took an additional step to bring him up an additional amount based on performance. If I recall there were problems with the way we wanted to structure his salary, so we were unable to give a bonus at that time. My understanding is that his compensation is currently above the minimum of that range at $100,000. The survey that we bought from the HR consultant recommended that we move a performing employee to the middle of the range based on their experience and performance. Someone who had extensive experience could be between the

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middle and upper end of the range. I would like us to consider whether or not we need to move Mr. Mooney above where he is now to meet recommendations in the report that we paid for. In the report it says, Managing to midpoint general practice is for employers to pay employees at or below the midpoint of their salary range. Employees who are either new to a position or have less experience are typically paid closer to the minimum. Based on the findings of this report, a possible course of action would be to immediately increase base salary to the recommended range minimum of $96,513 and then to midpoint of $107,619 in six months to 12 months measuring it with performance. Employees with longer tenure within the position or profession are typically paid closer to the midpoint. Extremely long-term employees and/or employees hired due to strong expertise within their profession and/or consistently top performers are typically paid in the top half of the salary range. At this time if we are going to discuss Mr. Mooneys compensation I think we have to at least take those recommendations into account. Mr. Lansdale asked what is the General Managers current compensation? Mr. Oliver responded $100,500. Ms. Page stated if we are to discuss any increase in compensation at this point this would be a third increase in roughly a year. We are basing this on a salary survey, which I believe was questionable to begin with. I believe it also was based on the General Manager having a bachelors degree. We have now changed the job description to the equivalent, although we have not yet defined what equivalent is going to be. We have already given two raises this year. I think going forward we are going to have more objectionable goals for the General Manager. I think that giving him one more year with those goals set into place would be the reasonable thing to do before we discuss anymore increase in compensation. Ms. Kannatt-Gapinski stated the increase in compensation that you talk about that we previously gave the General Manager was to bring him up to the lowest point of the range comparable with his peers based on the study that we paid for and our experts who told us what the salary range is and also advised us on how to go forward in managing our staff and what the ramifications are in not potentially compensating our General Manager should we have to go back out to market. We paid $4,000 for that survey. If we had to look back out in the marketplace again, we would likely set our range to be the low end of the $100,000 and the upper end of what our experts told us.

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Ms. Klein stated we dont have to use the report. Our hands are not bound but the point is we got one because this Board decided we needed help in deciding a fair compensation was for that position. We just cant say we didnt like the answer. It also gives us recommendations about guidelines that we said we wanted. Ms. Page stated I wouldnt say that I didnt like the results. I think I am looking at it from more the accuracy of it. As I mentioned before it was based on an individual who had a bachelors degree and there was already contradictions in the examples that they had and the places they compared us to. I didnt feel that it was the most accurate comparable study of other CDDs. We did move forward with that recommendation because that is what the Board had wanted us to adopt what their suggestions were. We worked a bonus in there. In just over a year we have had two increases. I think it is unreasonable at this time to request an additional increase. Ms. Jacob stated it really wasnt a bonus. You keep calling it a bonus. Ms. Page stated it wasnt a bonus because we werent legally allowed to give a bonus. Ms. Jacob stated it wasnt even that. It was that it took so long to get the evaluation done and we were trying to compensate him for the months it took in order to get that first one done. Ms. Klein stated yes. We created quite a delay in the process. Ms. Jacob stated it wasnt meant to be a bonus. Ms. Page stated right. Ms. Kilinski stated it was not a bonus nor was it a means by which to pay for past work performed. Going back to that meeting, my recollection, and the premise for the increase, was to compensate Mr. Mooney based on his past performance record but for work to be performed in the future. Ms. Kannatt-Gapinski stated my thought process in seconding the motion is looking at the evaluations and having a high performing employee who saved the District a considerable amount of money last year. We saw a lot of maintenance projects completed last year. We saw a lot of improvements around the facility thanks to Edd. We saw a lot of initiative on his part. He is clearly a high performer. There is no bonus program in place. Typically in a position such as his with management level, you would have compensation or a bonus program in place. We cant give a bonus. The only way we can compensate our employees at this time is through economics. There is no other compensation that we have in place. I know Edd is trying to put

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together a comprehensive bonus package that would include all employees but we dont have one now. Ms. Klein stated we also dont have a benefits program. Ms. Kannatt-Gapinski stated he did get an increase within the past year and that was based on a review of the salary range that was found by our expert to not have been appropriate, so we brought it to the lowest end of the range. To have him wait another year when he has done what he has done this past year I have a hard time with. Mr. Lansdale stated as you remember I did vote for the raise to the bottom of that range. We have never defined what equivalent is. I think that report would most likely change if that was defined. I have heartburn about that. I also think the General Manager is adequately paid. The biggest thing is that report needs to be redone. Ms. Jacob stated it is an education system from the UK. They dont grant the same things that they grant here. What makes you think that is not an equivalent? What do you have that says it is not? Mr. Lansdale responded there is nothing by a United States accrediting body or university that says what he has is equivalent. There are accrediting bodies in the United States that say a Bachelors degree in England is equivalent, but our GM does not have a Bachelors Degree. Ms. Klein stated what we are talking about is the report. The report doesnt speak about education. It speaks about experience. It speaks about performance and experience. We have already accepted the range. We are already closer to the bottom of the range. We are above the minimum of the range. I think the discussion should be about whether we should go to the midpoint based on whatever you feel but if you are going to quote the report, it doesnt talk about education in the range. It talks about experience and performance. Mr. Lansdale stated I distinctly remember reading about education. Ms. Page stated I also think the ranges say to move them up based on experience and performance because that is where you go from there because they have already established that to be the ranges for someone with a bachelors degree. If that is no longer a factor within the report then those ranges may not be what they are. Ms. Klein stated I dont know that it changes the report. All I know is the report that we have in front of us talks about performance and experience. Ms. Kannatt-Gapinski stated and it evaluates comparable positions.

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On MOTION by Ms. Klein seconded by Ms. Kannatt-Gapinski with Ms. Jacob voting aye & Mr. Lansdale & Ms. Page voting nay to compensate the General Manager at the Midpoint of the Salary Range Recommended at $107,619 was approved. TWELFTH ORDER OF BUSINESS Staff Reports A. Attorney Ms. Kilinski stated the Board had directed us to work with Edd on the holiday decorations. I am going to be in Jacksonville next week for meetings. Edd and I are going to meet on what has been purchased for the display. I have provided Edd with the guidelines from Supreme Court cases as to what has been deemed compliant with the First Amendment. We are continuing to work with Edd on that. The other item that I wanted to update the Board on is I have spoken with your Chair regarding our firm undertaking a more holistic review of the District documents and processes. For example, documents that are handed out to residents, we would review those documents and make sure appropriate public records and other disclaimers are on it. I know a number of items have come up that our firm is just not aware of because we are not in the day to day operations and we thought it would be a good idea to at least look at the documents that are dispersed more widespread. Ms. Klein stated given the number of public information requests this District is receiving and in past meetings we have discussed how it seems exuberant compared to other CDDs that your firm is familiar with, I think it makes sense to do what we can to protect ourselves. I know there is a cost associated with that but there is a bigger cost to not doing it. Ms. Kilinski stated what I have suggested to Edd is that we sit down and get a better understanding of what exists in the universe. We could bring a proposal for that particular piece of work. I dont want the Board to be fearful of the amount of legal fees that would be run up but at the same time we are almost getting daily emails about items that may exist. Mr. Lansdale stated I know that a long time ago we had approved dates that the holiday decorations would go up and down. Was it the day after Thanksgiving they go up and then the 5th of January they come down? Mr. Mooney responded yes. Ms. Kannatt-Gapinski asked do we want Jennifer to bring to us a not to exceed amount or do we want to have them go forward with the review? Ms. Klein responded I would prefer a review.

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On MOTION by Ms. Klein seconded by Ms. Kannatt-Gapinski with all in favor the Capital Reserve Fund Check Register was approved. FOURTEENTH ORDER OF BUSINESS Audience Comments There being none, the next item followed. FIFTEENTH ORDER OF BUSINESS Supervisors Requests Ms. Klein stated I wanted to thank the Creekline and Rebecca Taus, who in the digital November edition has written an opinion that she is going to discontinue the JCP CDD report circulating between supervisors. She feels that the communication has become incredibly They will negative and that she does not support that kind of use for the publication.

occasionally send a reporter to our meeting to allow the community to understand. In her message she encourages the community to participate about what the CDD does but they will no longer rotate the monthly article across the supervisors and they will no longer publish letters to the editor that attack an individual at the CDD, including supervisors. I do believe her publication has been a contributor to our community for many years and I also believe it was being used as a tool against the community. I respect her highly for making that decision. I think it might even help this board come together on some issues. Ms. Kannatt-Gapinski stated I want us to consider directing staff to research the possibility of a contract for the employment of our General Manager going into the future. I know that is something that many governmental entities do with their senior management. I know the County recently did that. Mr. Lansdale stated I would be against that. I dont think it makes sense for us to have a contract with the General Manager. I said that prior to hiring him. I think it is inappropriate. Ms. Page stated I would not be in favor of that either to use funds to research that. I think it ties the hands of the CDD. Ms. Klein asked do you know why the County does it? Ms. Kannatt-Gapinski responded I dont know for sure. I would have to talk to someone at the County. Ms. Klein stated I would like to learn more. Mr. Jacob stated I would need to research that, as well.

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Ms. Kannatt-Gapinski stated I just feel like we should consider having some protections in place for our employees that we value. Our Board will change in a year and right now our General Manager could be fired because someone doesnt like the color of his eyes. Ms. Page stated this Board is elected by the homeowners. I think it would tie the hands of the CDD. Ms. Kannatt-Gapinski stated I happened to see the coach from the Bartram Trail High School Swim Team at the regional high school championship. She knows that I am involved in Julington Creek. She came over to me and thanked me for our staff accommodating the Bartram Trail Swim Team practices. I guess the RiverTown facility is not heated and they had a pool access problem during the State series competition and we were able to make space for them because we have more heated water now. SIXTEENTH ORDER OF BUSINESS Next Scheduled Meetings December 10, 2013, 6:00 p.m. at 350 Plantation Club Parkway Ms. Klein stated the next meeting is scheduled for December 10, 2013 at 6:00 p.m. at this

location. SEVENTEENTH ORDER OF BUSINESS Adjournment

On MOTION by Ms. Klein seconded by Ms. Kannatt-Gapinski with all in favor the Meeting was adjourned.

______________________________ Secretary/Assistant Secretary

_______________________________ Chairperson/Vice Chairperson

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