Board Approves Inframark Contract at June Meeting

Four Westchase residents took advantage of the resident forum to address the WCA Board at the beginning of June’s monthly meeting. Dale Sells, a former board member and current resident of Harbor Links, took the floor first to insist that all of the requirements that were in GPI’s contract be put into the proposed contract with Inframark. He expressed concern that moving forward with the new company would result in a 19% increase in the annual assessment unless other factors changed.

Bennington VM Russ Crooks asked about the length of the new contract with Inframark. If the WCA plans to sign a five-year contract, it needs to go out to bid, he opined. He went on to say that he was upset with the way the new contract was being handled and accused the board of “ramrodding” through the entire process.

Vineyards VM Pam Senk pointed out that the four board members who voted to replace former Community Association Manager Debbie Sainz reportedly did not share their concerns about Sainz with GPI leadership prior to their vote. She noted that none of the four disputed the accusation at the June VM meeting. She added that Board President Michiel Oostenbrink and Director Jack Maurer were both predisposed to want Inframark as the association’s management company.

Steve Splaine, VM for the Greens, urged Oostenbrink to send updated communication to all Westchase residents either via the WOW website or email. He noted that a lot of misinformation was being shared and recommended that the association make a concerted effort to clear things up.

In his Treasurer’s report, Director Terry Boyd said that at the May meeting, he reported that two CDs were scheduled to mature in May and four in June, but the reverse was true. Boyd also noted that a previous motion to earmark interest from invested reserve funds for West Park Village pool improvements was improper, according to legal counsel. Attorney Kathleen Reres, who was present, clarified that the WCA cannot use interest from the reserve funds for a non-reserve item.

A conversation ensued about the possibility of transitioning the association’s accounting from straight-line budgeting to the pooled method. Reres said it was a major transition and recommended that the board table the matter until they had sufficient time to research the implications of such a decision.

S&T Committee member Pam Wilcox presented a proposal to extend the contract with Linda Senkowicz for Aquafit classes, with a request to waive lane fees and reimburse Senkowicz up to $50 per class in instances when the pool is unavailable due to reasons that are the fault of the association and no notification is provided within an hour of the start of class (not to exceed $500/year). The motion passed unanimously. The contract was also amended to provide Senkowicz with three lanes at the Countryway pool on Tuesdays and Thursdays between 8 and 11 a.m. at a rate of $4.38 per lane per hour.

Director Jack Maurer presented the board with proposals for minor change orders for the Countryway bathroom renovations (mirrors, vent fan motor, benches and baby changing tables) and the board voted to allow Oostenbrink to sign any change orders related to the items mentioned.

Maurer reported that the association was waiting for pavers to arrive so the contractor responsible for repairing the WPV pool deck could start the work. He said that a representative from AD Engineering wanted to be present when the work was done to make sure the area was graded properly. He added that GA Nichols submitted a bid for almost $7,000 to install a 3’ square slab upon which the new slide will be mounted. Board members agreed that the price was too high, considering that the company was already responsible for installing the new slide as part of a previous contract. Several board members recommended that Oostenbrink be permitted to negotiate and finalize the amount. Maurer said he believed the bid should have come in closer to $3,500. Director Rick Goldstein insisted that it would be preferable to find a new vendor if Oostenbrink was unable to get the cost down to $4,000. Nancy Sells made a motion to authorize Oostenbrink to approve the cost of the installation up to $7,000, with the understanding that he would do his best to negotiate a lower price. The motion passed, 7-0.

Oostenbrink shared that three residents had expressed interest in serving on the Nominating Committee: Maurer, Board Member Jessica Siddle, and Chelmsford VM Joanne Maurer. Nancy Sells expressed disappointment that there weren’t more candidates, and Goldstein asked whether the board could put out another call for members either on Facebook or in the WOW. Lanzar moved to appoint the three residents, and Jack Maurer seconded the motion. Goldstein reiterated that he felt the board was rushing the process, and Oostenbrink reminded him that the committee could have up to 5 members and two more could be added at a later date. The motion passed, 4-3, with Nancy Sells, Boyd, and Goldstein dissenting.

A motion to replace five geothermal heaters/coolers at the WPV pool at just under $58,000 passed unanimously.

In his GAC report, Goldstein told the board he had met with county officials earlier that day to discuss the proposed crosswalk on Linebaugh. For the crosswalk to be approved, the accrediting agencies must meet particular warrants, he explained. Goldstein claimed that the county’s own study did not meet the warrants in question. He said he had discussed the matter with county commissioners and was waiting to see what steps needed to be taken next.

Goldstein also reported that construction at the intersection of Montague and Linebaugh will begin later this month. The left turn lane will become a dedicated left turn lane and the other lane will be for traffic going both straight and turning right, he added. Goldstein shared that he is resigning from the Modifications Committee, and Oostenbrink thanked him for his service.

Dan Haigy, chair of the Swim & Tennis Committee, reported that members are on the verge of finalizing guidelines for tournament play; continuing to work on a concept design for the facilities at WPV; and anticipating the completion of the pole painting at the tennis and pickleball courts. LED lights will be installed once the painting has been finished, he added.

Interim Association Manager Rhonda Blakeman provided her report, sharing that the tennis benches are not in good condition and straps are coming out of some of the chaise lounges. Lifeguard staffing is complete, as is staffing for the summer camp, she added. A blood drive has been scheduled for June 21 at the Countryway Swim & Tennis Center, she said, but she did not know the timeframe.

Oostenbrink then opened a discussion about a draft contract with property management company Inframark. Goldstein echoed Dale Sells’ concerns that the contract with Inframark contain the same deliverables that the contract with GPI had. Reres told him that Greenacre prohibited her from using their actual contract, but assured him that all of the same deliverables were present in the new contract. Inframark had accepted all of those terms, she added.

Inframark agreed to a one-year term starting on July 1, continued Reres. Either party may terminate the contract with cause with 60-days’ notice and 30-days’ opportunity to cure, she said. Whether the contract is ended with or without cause, the WCA will have 60 days to find a new management company, she stated.

Goldstein asked about the cost of the new contract. After a substantial discussion, Oostenbrink clarified that Inframark’s total annual fee would be $421,734, including an estimated $35,000 of miscellaneous fees. That total, divided by the number of homes in Westchase, comes to $120.02 per unit, which is an increase of $32.83 over the amount paid to Greenacre. It was later clarified that this increase is strictly to the property management fee line item in the HOA assessments and does not equate to a $32.83 increase in overall assessments, since decreased costs elsewhere could offset an overall increase. Boyd said they would have a much better sense of next year’s assessment once they prepare the budget. Oostenbrink expressed confidence that there would not be a need for any special assessments this year.

Goldstein said he took issue with part of the contract that indicated Inframark would charge a $25 fee per modification request. Radcliffe VM Eric Holt, who served on the RFP Committee, said the fee would only be charged if the WCA did not have a Modifications Committee, which would likely never happen. Goldstein argued that the clause was unnecessary, and Reres agreed to try to get it removed.

Reres noted the one key change is that Inframark does not want to employ or manage lifeguards or maintain the pool’s chemicals for liability reasons. They proposed that the association hire an outside aquatic management company to supervise lifeguards (which can be the current lifeguards) and provide staff (if needed).

Regarding facility maintenance, Inframark encouraged the WCA to temporarily employ a porter service one day a week, Reres told the board. In the long-term, the association could hire two part-time maintenance technicians to handle the job.

An audience member asked how many employees would work in the office on a daily basis, and Reres replied that there would be three. Barry Anderson, VM for The Shires, asked whether the board could select their own LCAM. Reres explained that the same language that permitted the WCA to request a new LCAM in their contract with Greenacre existed in the contract with Inframark, and the new management company had already agreed to include the board in the interview process.

Oostenbrink shared that Inframark has a dedicated transition department, and already had someone in mind to start right away as interim LCAM.

Nancy Sells said she didn’t understand why Inframark was so willing to agree to all of the WCA’s terms. Reres referred to the Westchase community as a “bit of a golden goose” from both a management and legal standpoint and said that communities of this size are generally sought after.

Reres said the original version of the contract called for a minimum 3% increase annually, and she removed “minimum” and changed to “3% or an amount approved by the association in the final budget,” to give the board as much leverage as possible.

Crooks asked Oostenbrink whether he had reached out to all three companies that, in addition to Greenacre, had made it to the final four in the recent RFP process. Reres interjected to say that she didn’t recommend doing that. She noted that there’s an element of good faith in negotiating with only one company at a time, and that doing so with multiple companies at once could be cost prohibitive from a legal standpoint.

Dawn Gingrich, VM for The Bridges, asked whether the contract would automatically renew for a year at a time. Reres said that it would, and explained that the former board had signed a three-year contract with Greenacre because they wanted to lock in the initial rate.

Nancy Sells said Inframark’s high turnover rate concerns her, and Goldstein added that the company had lost 31% of their management recently. After COVID, all of the management companies had severe staffing problems, replied Reres. She acknowledged that GPI has a relatively low turnover rate, but reiterated that they terminated the contract with the WCA and the association has no choice but to look elsewhere.

Boyd moved to approve the contract with Inframark with the caveat that the board president would be delegated authority to negotiate final details, finalize the selection of a porter service, and any other minor modifications recommended by counsel. The motion passed unanimously.

 

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