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HAMMOCK BEACH ESTATES HOMEOWNER’S ASSOCIATION P.O. BOX 350668 PALM COAST, FLORIDA 32135 Minutes
of the Annual Membership Meeting Time
7:00 p.m. December 8, 2011 Place: Hammock
Community Center Establishment of Quorum Attendance
was exceptional at this HBEHOA annual meeting.
Member attendance was counted until 7:20 p.m. when it was determined
that a quorum had been established.
Forty-one (lots) were in attendance and 26 proxies were validated, for a
total of 67 voting lots. A
meeting quorum is determined by 1/3 of 144 eligible votes, a total of 48 voting
lots. Though
membership attendance was in excess of the 1/3 lot owners necessary to conduct
an annual meeting, it was short of the 2/3 necessary to vote on the revised
Covenants and Restrictions document. The
president called the meeting to order, asked for introductions and welcomed new
members. Board
members present included Bob Hamby, Sara Clarke, and Michele Austin. Association
members present included: Larry
& Vera Amuso, Larry & Alicia Anderson, John
Bonner, Amy Bosich & Dave Broederdorf,
Lou & Gloria Ciasulli, Dennis & Debbie Clark,
Harold Clarke, Robin Cotie, Rogelio Demen, Gary & Susan Fairley, Mary Farrar, Sarah Feliciano,
Tom & Edy Guggino,
Betty Hamby, Debbie Healey, Bill Jamison, John & Karen Joyce, Marco
& Madeline Kirchner, Jeffery Kissinger, Lou Luceri,
Jean Mattson, Terrence & Tammy McCue, Patricia McGinnis, Charlie & Kathi McMorrow, Dave & Marie
Miller, John & Denise Peterson, John Pope, Steve & Elizabeth Robinson,
Joe & Carol Sermarini, Steve Steele, Bob &
Donna Vandervliet, Harriet Vandervliet,
John Vergerano, Charles Vreeland, Dr. Charles & Teena Weiss, Paul & Marlene Zacharias. Proof of
Meeting Notice was mailed in advance of the meeting per legal requirement and
was also posted at the pool. The Meeting
Agenda was established per the HOA C&Rs Reading of the Minutes Larry
Anderson moved to waive reading of the minutes of the last annual membership meeting
held December 2010. Steve Robinson seconded. Motion passed. Officers Reports Vice
President Sara
Clarke reported that all lots are currently in compliance with HBEHOA Covenants
& Restrictions. Sara
Clarke also reported for the Social committee.
A record 46 people have RSVP'd to attend the HOA Christmas party to be
held at the Palm Coast Yacht Club. Secretary Changes to secretarial procedures during 2011 included discontinuance of
mailing paper HOA meeting minutes, which was replaced by emailing minutes to
members. Members
who wish to receive minutes via email should ensure that the HOA board has a
current email address. Members who do
not provide email addresses can obtain minutes from the HBEHOA website. Operations Harold
Clarke reported on behalf of Director Pete Healey, who is out of town and thus
unable to attend, that there are no new operations issues. Maintenance and contracts are well under
control. Treasurer Bob Hamby
turned the meeting chair over to Vice-President Sara Clarke so he could report
as Acting Treasurer. Copies
of the 2011 Treasurer's Report through October 31st were distributed
to all members in the annual meeting package, as was the proposed 2012 HOA budget. Bob
Hamby made a motion to adopt the 2012 budget. Dennis
Clark asked if the 2012 HOA dues would remain the same as current dues. Bob
Hamby replied that there was no increase for 2012 under the proposed budget – annual dues
remain at $225. Additional
legal expenses and a new retention pond treatment contract should not cause
expenses to exceed expectations. The
pond treatment cost increase is minimal, and HBEHOA should be reimbursed for
legal fees when existing issues are resolved. Harold
Clarke seconded the motion. The 2012
budget was approved. Sara
Clarke returned chair of the meeting back to Bob Hamby. President's
Report Bob
Hamby reported that HBEHOA has been operating short of one officer all year due
to the resignation of the treasurer in January.
He reminded members that all have an obligation to help conduct business
to keep the HOA successful. Bob
Hamby proposed the appointment of three Election Supervisors - Paul Zacharias,
Fred Black and Larry Amuso. Dr.
Charles Weiss moved to approve the appointments. Joe Sermarini
seconded. The motion passed. Four
board positions are vacant at the end of 2011.
Three are for 2-year terms and one is a 1-year term. Secretary Michele Austin's term is unexpired. Three
HOA members have volunteered to run for 2012 office. They are Sara Clarke, Sarah Feliciano and
Larry Anderson. Bob Hamby asked each
candidate to address the membership. Candidate
Larry Anderson asked members to stop and think about everything the board has
accomplished over the years – efforts that aren't visible to members. Past boards resolved water run-off issues and
got our community roads turned over to the county after 4 years of hard
work. It's very important to continue to
have a viable neighborhood to keep property values up and maintain eligibility
for building permits. Candidate
Sara Clarke's goal is to ensure that every neighbor's best interests are the
HOA's priority. She asked Debbie Healey
to thank Pete Healey on behalf of the board and the membership for all his hard
work and his contribution toward successful HOA operations over the past two
years. Candidate
Sarah Feliciano told members that she is very happy to be a part of this
wonderful neighborhood and will do her best to serve on the board. President
Bob Hamby advised that Elizabeth Robinson had recently contacted him to volunteer to fill the remaining board vacancy
as a write in candidate, due to the recognized need for a 4th
candidate. Bob asked if any other
members were interested in volunteering as write-in candidates. Jeffery
Kissinger nominated himself for board office, expressing concern that the
current board is inefficient. Fred
Black moved that write-in nominations be closed with the two additional
write-in candidates. Dr. Charles Weiss
seconded. The motion passed. Bob
Hamby announced at 7:52 p.m. that he would recess the meeting temporarily so
people could retrieve their ballots from the Election Supervisors if desired
and vote for a write-in candidate. Ballot
resubmission was closed at 8:03 p.m. The
Elections Supervisors were duly sworn in to count ballots. The
meeting was recessed again at 8:04 p.m. for counting of the votes. At 8:41 p.m. the meeting was reconvened. Election
Supervisors' Spokesman Paul Zacharias summarized the vote counting and cross
checking procedures, and reported the vote count as follows: 87 total
ballots were counted Larry
Anderson received 79 votes Sarah
Feliciano receied 74 votes Sara
Clarke received71 votes Elizabeth
Robinson eceived 41 votes Jeffery
Kissinger rceived 11 votes Pete
Healey receied 1 vote Stephanie
Revell received 1 vote Phil Tribble receved 1 vote Though
the C&Rs voting results are invalid due to less than 2/3 of membership
casting votes, unofficially it was reported that 38 voted in favor and 43 voted
against the proposed revisions to HBEHOA Covenants & Restrictions. Mike
Joyce questioned why 87 votes were counted when there are 67 attendees. It was explained that some members mailed
votes but did not include the attendance proxies. Thus the votes count as absentee votes. Unfinished Business Bob
Hamby briefly discussed the importance of revisions to the HBEHOA Covenants
& Restrictions document because the existing document empowers the
developer with control of the HOA. He
suggested that the incoming board continue to work toward approval of a new
document. It was
suggested that a red line version of the revised document be provided to
members so proposed changes can be easily identified. Fred Black pointed out that a red line
version has been posted on the HBEHOA website for the past four years for
review by all members. Paul
Zacharias suggested that revisions be voted on by Section, rather than trying to address the entire
document at once. Bob
Hamby pointed out that part of the difficulty in revising the C&Rs is that
the existing document is unclear as to whether majority vote required for
changes is 2/3 or 3 /4 of membership. Joe Sermarini suggested a member forum on the HBHOA website
regarding proposed changes. Jeffery
Kissinger said that the primary focus of the revisions should be on getting the
developer out of the picture, which aligns with current and past HOA boards'
primary objectives. Paul
Zacharias asked whether it was permissible to keep a C&R committee meeting
open over a period of months to discuss C&R revisions, rather than closing
each meeting. Larry
Anderson thanked Bob Hamby and the board members for their service and hard
work on C&R revisions. Sara
Clarke explained that the board's goal this year was to finally get the
attention of HOA members, which was desperately needed because, despite years
and years of work on this issue, many members were still unaware that revision
of the C&RS was an important matter which requires full membership action. New Business County
storm water representative Craig Coffee had committed to be in attendance at
our annual meeting to discuss the ongoing issue of HBHEOA ponds and canals as
part off the area's storm water management
district. This morning Mr. Coffee said
he could not attend. Bob
Hamby reported that during an October 25th county workshop regarding
housing developments north of Malacompra, administrators were instructed to finally
devise a water management plan for the area.
Some neighborhoods currently have no drainage system whatsoever, whereas
Sea Colony has a fully operating system.
HBEHOA is in the middle, with a canal that is functioning and properly maintened, but which is a part of a larger system. Our canal is part of the system's backbone,
and our HOA could be assessed for overall improvements to the system based on
the portion of the canal that runs through our development. HBEHOA's canal is a subdistrict
within the storm water district. Bob Hamy mentioned that it is important to maintain a
membership on the committee. Legal
Issues: Mr.
Kissinger continues the use of his property as a short term rental, the
argument being that he may allow anyone to use his house for any length of
time, as long as he doesn't charge rent.
Time deadlines for mediation expired without a response from Mr.
Kissinger. HOA attorney Dennis Bayer
requested a non-jury trial and awaits notification of a court date. Mr.
Irwin continues his effort to remove the perpetual easement at the northeast
boundary of HBEHOA. Mediation was
unsuccessful. A lawsuit has not been
filed. Mr. Irwin's attorney requested a
full review of all HBEHOA historical files, which will take place at Bob
Hamby's house Monday December 12th.
Without a lawsuit, the case is in limbo. Bob
Hamby suggested that the association empower the next board to invite non-HOA
members, including all Armand Beach residents, to attend HOA meetings regarding
the north easement and to contribute financial support toward legal fees. Paul
Zacharias made the motion. Steve Robinson
seconded. Motion passed. HOA
members requested more in-depth discussion on the status of the easement. Larry Anderson cautioned about further
discussion during a public forum, which could endanger the board's position. Other Business Newly elected
board members were instructed to meet briefly after adjournment of the annual
meeting. After it
was determined that there was no other business to address, Larry Anderson
moved to adjourn the meeting. Steve
Robinson seconded. The meeting was
adjourned at 9:12 p.m. Addendum to the Annual Meeting
Minutes The newly elected board, including Sara Clarke, Michele Austin,
Larry Anderson, Sarah Feliciano, and Elizabeth Robinson decided upon 2012
officers as follows: President – Larry Anderson Vice President – Sara Clarke Secretary – Michele Austin Treasurer – Elizabeth Robinson Director of Operations – Sarah Feliciano The new board determined that the first HBEHOA board meeting of
2012 would be held January 24th at 6:30 p.m. |