MINUTES ANNUAL MEETING

HAMMOCK BEACH ESTATES HOME OWNER’S ASSOCIATION, INC

December 3, 2009
Hammock Community Center, 7 PM

 The Secretary registered the attendance as members arrived for meeting; collected, and certified the ballots and proxies. The proxies and signature attendance accounted for a fifty-two member quorum.

The Board of Directors invited Milissa Holland, Chair of the Flagler County Commission, to address the Association membership with regard to Flagler County’s position on accepting the maintenance responsibility for our community roads. In lieu of Ms. Holland, Mr. Craig Coffee of the County Administrator’s Office made the presentation to the membership. President Anderson introduced the speaker and limited the presentation and discussion to thirty minutes. Mr. Coffee basically informed the audience that the county will maintain the roads in our community, but the $42,000.00 in the bank will be used to make minor repairs to the existing roads, once the legal procedures are surmounted. It is the position of the County that once the issues surrounding drainage are resolved with the St. John’s County Water Management District county maintenance of the roads can be approached in real terms. He assured the audience that the county will maintain the roads. The presentation lasted, with questions from the body and responses until 7:40pm.

 

  1. Roll Call and certification of Proxies: A quorum of fifty-two (52) lot owners by attendance and proxy was established (Forty-five is required).
  2. Proof of Notice of the Meeting: The Secretary announced that the meeting was announced by letters to each resident; by e-mail, on the web-site, and at the pool bulletin board.
  3. Adoption of Agenda: Steve Robinson moved that the agenda as presented be accepted. Sara Clarke 2nd. The motion passed.
  4. Reading and Approval of minutes of last Annual Meeting: The president asked that the minutes from the annual meeting of 2008 be accepted as presented. Joe Sermarini so moved.  Sara Clarke 2nd. The motion passed.
  5. Officer Reports:
    1. President- Mr. Anderson, since he is leaving office, commented that a number of people have worked diligently on behalf of the Association; for example, The Roads Committee, Robert Hamby, Harold Clarke and Frank Carelli has given many hours in pursuit of road solutions. He further recognized the Architectural Review Committee for its work; Alicia Anderson, Gary Fairly and Bob Hamby; the C& R Committee, and it sub- committee the Finning Committee, Frank Carelli, Edythe and Tom Guggino, for its perseverance in resolving the on-going issue. He thanked the Beautification Committee John Bonner, Paul Roland, Harold Clarke, Sara Clarke, Alicia Anderson & Larry Amuso for their work on improvement of the pool area and extended gratitude to those who donated money and items.  Lastly he thanked all the residents for tending to their properties. He concluded by mentioning it was a very busy year much was accomplished and thanked the entire community for their cooperation. 
    2. Vice President- Sara Clarke a member of the C& R Committee recognized the Fining Committee for their work and diligence in resolving the on-going issue of the up-keep of a residence. The fines totaling $3,000.00 have been imposed and if not paid lien procedures will go into effect. The $3000.00 represents three different violations. Certified mail and regular mail correspondence has been sent giving thirty days to comply for one phase of the fines. The certified correspondence has been returned.
    3. Secretary- Larry Amuso reported it was a good year and will keep writing.
    4. Treasurer: Treasurers Report and adoption of 2010 Budget- Steve Robinson presented the Treasurer’s report (see attached) and informed that the owner of lot#71 refuses to pay dues since it is an unbuildable lot. A lien has been placed against the property. He also reported that one residence is under foreclosure and dues should be forthcoming once the procedures are complete. President Anderson presented the 2010 proposed budget (attached) and described various aspects. Paul Zacharias brought up the cost involved in the Irwin situation. President Anderson suggested that if it continues and a suit is filed a countersuit will be implemented for frivolous pursuit. He continued that we initially tried to settle this without the use of lawyers, but Mr. Irwin had a conversation with Steve Robinson in which he told Steve that he has put aside $50,000.00 to attempt to vacate the walkover easement. Furthermore, we advised him there were only certain things we could do in regards to the use of the walkover, since some of his concerns were not under the purview of this Association.

Steve Robinson, in regards to our lawyer Dennis Bayer, pointed out that his fees are very reasonable and he is thorough in his work.

Bob Rohr pointed out that he did correspond with Mr. Irwin and he advised the problem is with the seller of the property and the realty that handled the sale. The problem is not with HBEHOA and he should reimburse the Association for its expenses.

Paul Zacharias moved that the proposed budget be accepted as presented. Robert Hamby 2nd. The motion passed.

    1. Operations: Review of 2009 activities and 2010 plans-Michelle Austin reported that the Walkover was completed at a great savings. Bids ranged from $7,000.00 to $20,000.00. The job was completed for seven thousand and the materials used were of higher grade than what was used previously. The dry pond has been completed at a cost of $9000.00. Weed killer has been sprayed on the mulch paths and other areas by Pres. Anderson and the mulch was spread by volunteers. The bathrooms at the pool are cleaned regularly. However, there is one unresolved necessity and that is the pool deck resurfacing. It is budgeted for 2010.
  1. Committee Reports
    1. Architectural Review-Alicia Anderson reported there were two applications, one for refurbishing and one for landscaping. Both were approved.
    2. C&R Review Committee-No report
    3. Beautification Committee-No report
    4. Fining Committee-No report
    5. Road Committee:  Presentation of the Association’s legal review of the GEDECO/Flagler County agreement on acceptance of the maintenance responsibility of our community roads. (See presentation at the beginning of these minutes) The BOD has sent the records and documentation regarding the agreement between Gedeco and the County to the Associations attorney for review and requested recommendations on the Association’s legal position in this matter.  A meeting is scheduled for next Tuesday to clarify the road status.  The meeting is between the Association attorney, BOD members and Al Hadeed, the Flagler County Attorney.
  2. Election of Board of Directors:  The President acknowledged that there were no write-in candidates on the ballots received. He asked if there were any nominations from the floor. None were forthcoming. He asked for a motion that that the candidates on the ballot slate be accepted as members of the Board. Paul Zacharias so moved. The motion was seconded by Joe Sermarini. The motion passed. Consequently, the new members of the Board are Sara Clarke, Robert Hamby, and Peter Healy.
  3. Adjournment: The meeting adjourned at 8:25PM

ADDENDUM: The new Board met immediately after the Annual meeting. The Board positions are as follows; President- Robert Hamby, Vice-President- Sara Clarke, Treasurer-Steve Robinson, Secretary-Larry Amuso, and Operations- Peter Healy. The Board set the next meeting for Thursday January 14th @ 7:00pm at the home of Sara Clarke, 75 Solee Rd.

 

ADDENDUM #2 On Tuesday Dec. 8, 2009 Larry Anderson, Steve Robinson,  Larry Amuso, and HBEHOA’s Association Attorney Dennis Bayer met with Craig Coffee of the County’s Administrative Office and the County Attorney Al Hadeed. The meeting basically was a reiteration of the presentation made by Craig Coffee at the annual meeting. In this instance the same promises were made to which Al Hadeed raised no objections. Consequently, HBEHOA representation walked away from this meeting feeling assured promises will be kept.