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HAMMOCK BEACH ESTATES HOME OWNER’S
ASSOCIATION, INC. P.O. Box 350668 Palm Coast. FL
32135
Wednesday, October 3, 2007, Beginning at 3
P.M. Hammock Community Center, Malacompra Road The board meeting commenced at 3 PM.
The following Board Members were present: President, Paul Zacharias, Vice President, Debbie Clark, Secretary, Peggy Steele and Treasurer, Fred
Black. The following members, all
invited by an e mail message, by notice enclosed with the minutes, and by
posting on the community bulletin board, were present: Jean Mattson, Alicia Anderson, Bob Rohr,
Larry Amuso, Harold Clarke, and Gary Fairley. Before calling the meeting to order Paul called upon those present to
voice any concerns or to have any item placed on the agenda. *Bob
Rohr asked about the unsatisfactory condition of the roads, as it was brought
up at the last meeting and it is not on the agenda for this meeting. Paul said he will add this concern to the
agenda. Bob also asked about the status
of the easement on the dry pond. Paul
said it is on the agenda under item 8. Paul then called the meeting to
order. 1. Agenda: Paul added as item 13 a discussion of the
ownership and condition of the roads. With no other items to be placed on the
agenda, the agenda was adopted. 2. Approval of minutes: Paul asked Peggy if there were any changes
to the minutes from the August 2 meeting and the special meeting of September
5. Peggy said she had received no changes so the minutes from both meetings
were adopted. The minutes were approved
as written. 3. Status of settlement of litigation:
(Joyce vs. Weiss) Paul said that we
have received from the courts the order of dismissal that has been agreed upon
by all parties involved. The document was dated Sept 13, 2007. Paul will post the court-approved request
for dismissal on the website under “current legal action”. 4. Architectural review: Paul said that he has received two requests for approval by the
Board of Directors. One is for a
swimming pool to be built in the back of Joyce’s on Ocean Dune Circle and the
other is for a covered extension of the deck on the second floor level of
Kissinger, 9 Ocean Dune Circle. Bill
Jamison, a member of ARAC reviewed both requests and recommends approval. After board members reviewed the plans for
both Joyce and Kissinger the board voted to approve both requests. Paul will notify both parties of the
approvals. 5. Review
of updated bids for pool area fencing:
Paul asked Alicia (spokesperson for the pool area committee) if she had
any other proposals that the Board could review at this meeting in addition to
the Thompson updated quote that she had provided by email. Alicia said “not
today”. Thompson fencing quoted $6217
for fencing, including everything (both gates the same, keys, locks, etc, tax
included). If the gate on the west side of the pool was chain link to match the
fence on that side, the cost would be about $5400. After discussing the gates it was decided to try to go with the
gate to match the one which will be on the south side, therefore keeping the
same locks, keys, etc. Fred said that
we are required to have 3 bids. Alicia
said that she has gotten 3 bids and has weeded it down to Thompson Fence Co.
who supplies fencing materials to other companies. Bob Rohr asked why we needed a gate on the west side. Paul said that people use that gate to go to
the restroom and use the stepping stones, and grass will not be tracked back
into the pool. Alicia said that other
fence companies have commented that Thompson Fence does very good work and are
highly recommended. Paul said that as we
discuss the budget for 2008, we will consider the options for the fence around
the pool and make a decision as to whether to vote on the pool fence or wait
for additional information from another bidder. {Note: As stated in
item 6 below, the Board later voted to
accept the bid from Thompson’s and proceed with the fence replacement this
year.} Paul asked if there
were any other items to be considered for the pool area while the budget is
being developed for next year. Alicia
said that other options for seating around the area has been discussed but the
committee is not ready to submit any proposals. Peggy asked Harold
about the rope marking the parking area that was taken down. Harold said that it was not the rope that
would be used and they are waiting for the posts to dry out so that they can be
painted. Then the rope will be added. . 6. Treasurer’s report: Fred asked that we go on with the items on
the budget and work on the proposed 2008 budget last. With no objection from the Board, Paul agreed. 7. Operations: Joe Bowen, director for operations was
absent. Paul said that the notice for
pool inspection had been received and no mention of the condition of the
fencing was stated. Only comment was
that the water level was too high.
(There had been heavy showers previous to the inspection). 8. Status of Actions on Canal Drainage
concerns on Lots 70 & 71. Paul
said that at the HCCC meeting which was Oct. 2, 2007, there was a discussion
about the drainage canal (N&S canal) that runs from Marineland Acres,
through Sea Colony and Hammock Beach Estates to the canal that leads to the
intracoastal along Malacompra Road. The County Commissioners recently had a
workshop discussing the relationship of the canal with drainage issues in
Marineland Acres. Marineland Acres has
different drainage issues than we do because it has dirt roads and no retention
ponds. The N - S canal through our subdivision is a secondary drainage system
because we have retention ponds. Paul
said that the County seems willing to take a look at the issues. There will be
a committee formed within the HCCC to
work with the county in an attempt to try to help guide the county as to how to
solve the drainage problems. The N-S Canal is the one thing we all have in
common as the whole length of the canal is involved. Paul noted that Hammock
Dunes is involved also, as their drainage system also flows into the canal
along Malacompra. Paul said he has
volunteered to be part of the committee until the end of the year representing
the Board. Frank Carelli has
volunteered and Debbie Clark also volunteered to work on the committee. Peggy said that Olivets were very concerned
as the canal runs through their property .
They are not part of HBE, so we will let her know about the
committee. On the lots 70 and 71
issue, Paul said he is not aware of any new developments regarding the lot
owners’ efforts to remove the conservation easement from these lots. As for the dry pond
located on the back of lots 88 and 89:
The Rosenbaums, who own lots 88 and 89, are paying for our attorney to
work with their attorney to determine if the association’s ownership of the dry
pond can be converted to an easement so that the lots would be considered large
enough for houses to be built on them.
Paul read a letter that our attorney sent to Allan Baggett of St. Johns
Water Management, which issued the permit for the dry pond, asking whether SJWM
would permit us to transfer ownership and certain maintenance responsibilities
to a private property in favor of an easement. Paul said that we are responsible for maintenance of the dry
pond but we have done very little to maintain that area. While the pond area may be functional as a
water collection area, the lawn people are unable to get to the area with the
mowers and the area is overgrown. If we
want to make this an acceptable looking retention pond (similar to the one on
the south side of Armand Beach drive behind the commercial building on A1A)
there would be significant work to clear roots and growth before grass could be
put down. Standards need to be set
whether we decide to transfer or keep that area. Bob Rohr and Harold Clarke emphasized that we have an asset and
that we should not give it away for nothing, particularly since the developer
should have done a better job clearing and grassing the pond before turning it
over to the association. Paul said that
the association accepted the pond, which met SJWM criteria. If it is determined that an ownership
transfer can be done, we will have to look at what’s in the best interest of
the association as we consider the terms.
The membership will be informed and their input will be considered
before any decisions are made. Fred
said that he believes the C&Rs would require a membership vote. Paul said that he believes the C&Rs only
require a vote by the Board. This issue
will also be researched. Fred said
that we are in the collecting of information phase. When we have information enough, then decisions will be made as
to what is fair if the transfer is made. 9. Required:
Approval of Nomination and Election Procedures: Peggy
said that there are 4 volunteers as candidates for the upcoming election. There is one opening to replace Debbie Clark
who is resigning at the end of this year.
Larry Amuso has volunteered to run for this one year opening. The other three openings are for two year
terms. Larry Anderson, Michele Austin
and Sara Clarke have volunteered. This
is an open nomination process, so even though there are 4 volunteers,
nominations are still open until the next board meeting on November 8, for
anyone else to come forward to serve on the Board of Directors. Paul noted that none of the current nominees are from Ocean Dune Circle and
asked Gary Fairley if there might be any one on Ocean Dune Circle who he thinks
might consider serving on the Board.
Gary said that he was not sure but he hoped that even if no Ocean Dune
Circle residents are on the Board, that our association would have a process
whereby their concerns regarding issues that only affect Ocean Dune residents
will be brought to the attention of the Hammock Beach Association before any
decisions are made. Paul said this will
be discussed in the next agenda item. Paul asked Peggy to
read the election procedures for approval.
Peggy said that for an election, there are no proxy votes, only absentee
ballots or voting in person at the meeting.
All ballots must be received before the start of the annual meeting at
7:00PM, Dec. 6, 2007. Nominations will officially be closed as of November 8,
2007. There will be 4 vote counters at
the meeting selected from volunteers in attendance. Two counters will validate the ballot and the other two will
count the vote,. Names will not appear
on the ballot, only Lot numbers. As
members check in at the meeting, there will be a roster to check off names in
attendance. The roster will also show those absentee ballots that have been
received. In the event that there is
only one nominee for each position, a motion can be made and approved by those
in attendance to waive the prescribed written voting process and to vote by a
show of hands on the entire slate of nominees.
Paul said that State Law (and our C&Rs) require that we allow
write-in candidates. Because of this law, ballots have to be sent to all
members. If there is a write in
candidate there will have to be a vote.
Peggy will amend the voting procedures to say that “if there are no
write-in candidates on absentee ballots and no additional nominees from the
floor, then a motion can be made and approved by those in attendance to waive
the prescribed written voting process and to vote by show of hands on the
entire slate of nominees.” Peggy passed the
procedures to other members of the board to review before an approval. Approval must be given at this meeting for
an election to take place. After members had time to review the procedures,
approval was given to adopt the procedures as amended. 10. Status of
C&R review project: Paul said
that Peggy has recorded at the county office, the recent amendments to the by
laws and asked her to work with Joe Sermarini to update the bylaw document as
it appears on our website. Fred said
that Bob Hamby, Larry Anderson, Sara Clarke, Frank Carelli, and Bob Rohr have
been working on the C&Rs. Fred has
prepared a chart showing the original C&Rs and the proposed changes to each
section. Fred said that the committee
proposes that any architectural review matter pertaining to lots 1-29 be
forwarded to their Sub Association for their review and recommendations before
the HBEHOA Board officially acts on the matter. That way, there will be no misunderstandings between
restrictions applying only to Ocean Dune Circle. Problems in the future should be eliminated by this
procedure. Fred said that there are
more meetings scheduled and he will have more to offer at the November meeting.
Paul thanked Fred and his committee for all the effort put into this task. Paul noted to Gary Fairley, who is an
officer in the Armand Beach Association, that his association would likely have
to vote to accept the responsibility to be part of the decision making process
when C&Rs are amended. 11. Discussion of need to contact members
regarding C&R compliance:
Debbie said that she received a complaint a couple of days ago about
stucco repair which she will take care of.
She has looked around the neighborhood and saw nothing really
outstanding that needs attention. She
said that she sees a lot of rust on buildings on Ocean Dune Circle but by the
time a letter is issued and the problem taken care of, there will be rust
showing again because of the nearness to ocean. She does not see this as an issue that needs to be dealt with. There is a problem at #2 Laurel Drive
concerning the condition of the yard
She has been communicating with the absentee owner and they are trying
to work out a solution for the yard care
The owner says that he thinks he has a renter who will take care of the
yard and Debbie asked for a date when this will happen. Paul suggested that rentals seem to be the
major issue--Debbie said that some absentee owners are the problem, whether the
place is rented or not. It appears that some absentee owners are paying for the
grass to be cut only--not full service yard care, therefore there is the
overgrown appearance and it makes the property look pretty shabby. 12. Status: Records Management and
website enhancement: Paul said that
he is continuing to keep organizing the files and update as necessary. The file cabinet will be passed on to the
new board president. He asked that
outgoing board members give him any files and records that are in their
possession to be put into the file.
Paul said that Joe Sermarini has done some organizing on the website and
they are continuing to make easier access to sections appearing on the site.
(example: BOD minutes are now in one
section with a button on the home page). 13: Other items added at start of meeting: Roads:
Paul has researched the history of road ownership and he finds that the
roads are county owned. The developer
put up money (fund) that the county is holding for road improvement. The county can use that money to improve the
roads. There is concern about the cracks in the roads throughout HBE. The
county will have to be contacted and should send a person over to go through
the area and find the spots that need to be repaired. Road work has to be budgeted yearly, so any major work will need
to be budgeted for in the upcoming year.
Fred said that Bob Hamby is working with the county to try to find an
answer to who is responsible for road repair. Harold also indicated that Bob
has marked areas in need of repair but he did not want to speak for Bob on what
has been done. Paul said that we will put all the facts together as we receive
them and come to a conclusion as to who is responsible for the roads. The Board then went
to Item 6 on the agenda. 6. Treasurer’s report: Fred
gave members a copy of the original budget that was passed last year. All lot owners have paid their dues. With 75% of the year completed, we have
spent 65% of the money that was budgeted.
Fred then distributed an Approved Amended Budget, reflecting that at a
previous meeting, the Board had approved moving $3200 from the betterment
account to deferred maintenance account and put a line item in reserve for
deferred maintenance for legal expenses.
The bottom line figures on both hand out sheets are the same. Paul asked Fred which sheet is the easiest
one to work with to develop a budget for 2008.
Alicia Anderson asked about the figures showing on the hand out sheets. Paul said that the legal expense for the
lawsuit was treated as an out of the ordinary expense and that is why the money
was moved from betterment to deferred maintenance which is in the reserve
account. Paul asked Fred how much is in
the bank now. Fred said we have $2l438.48.
Paul asked if any other board member had any questions. There being none, the board proceeded to
review expected expenditures for the rest of 2007 and then the figures for the
proposed 2008 budget. The board then
reviewed each budget item, agreeing on a few adjustments. If no more is spent on betterment or out of
reserve money, we will have $13876 to carry over to 2008. If we spend $6200 on the fence around the
pool this year, the reserve to carry over would be $7676. In the previous year we said that we would
prefer to have a target of $10000 to carry over into the next year. Paul asked,
after reviewing the budget, if we were ready to vote on the pool fence. After
some discussion, the board approved moving the remaining funds in the reserve
account for betterments to the reserve account for replacement and then voted
to use replacement funds to replace the fence. Board members will meet with
Thompson fencing to confirm all the information regarding site preparation etc.
before signing a contract. Thus in
2007, reserves were used to supplement legal fees, replace the pool fence, and
improve the pool area as a betterment. Fred gave board
members a handout sheet showing budgets and expenses from 2006 to the proposed
budget for 2008. After working with the
figures for all budgeted accounts the board approved the proposed budget, which
is included with the minutes. In 2008 reserves will be used to cover major
deferred maintenance items and betterment items. Because of increases in operating expenses and to restore the targeted
reserve account end of year balance near $10000, the proposed budget shows a
dues increase of $25, making the annual
payment $200. -----------------------
The meeting was
adjourned at 5:45 PM The next meeting will
be November 8, 2007.at 3pm at Melacompra Road Community Center. At this meeting the 2008 budget will be
approved after consideration of any comments received from the membership. Also nominations for the 2008 Board will be
closed and the ballot finalized. Respectfully
submitted, Peggy Steele, Sec.
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