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HAMMOCK BEACH
ESTATES HOME OWNER’S ASSOCIATION, INC. P.O. Box 350668 Palm Coast, FL.
32135 Thursday, December 6, 2007, Beginning at 7 P.M. Hammock Community Center, Malacompra Road Peggy Steele, Secretary registered attendance as members arrived for the annual meeting, certifying proxies and providing appropriate number of ballots if required. Paul Zacharias, President called the meeting to order at 7:00PM. 1. Calling the roll and certifying proxies: Paul said that we needed at least 45
members and proxies to meet a quorum.
Peggy said that we have 52 members, making a quorum in order to conduct
business. Paul asked that those present introduce themselves starting with Board members: President, Paul Zacharias, Secretary, Peggy Steele and Operations Manager, Joe Bowen. The following homeowners, all invited by notice enclosed with the minutes and by posting of a notice on the HBE website, were present: Larry Amuso, Larry Anderson, Michele Austin, John and Betty Bonner, Lou Ciasulli, Frank Carelli, Dennis Clark, Sara and Harold Clark, Dorothy Drexler, Zaida Esposito, Betty Hamby, Gary Fairley, Jean Mattson, Jim Morelewicz, Joe and Carol Sermarini, Jean and Renate Sherwin, Phil Tribble, Ron and Harriet Vandervliet, Robert and Donna Vandervliet, Marlene Zacharias and George and Hana Vrany 2. Proof of Notice of the Meeting: Paul for proof of notice of the annual meeting. Peggy Steele, Secretary, offered as proof of notice of the meeting, a letter written to Paul Zacharias stating that members were notified of the annual meeting in the following ways: In a letter announcement of the annual meeting and agenda, mailed to the membership on November 13, 2007 and Posting on the same date, the meeting notice and agenda on the HBEHOA website. It should also be noted that the date for the annual meeting has also been on the website for several months. 3. Reading and approval of minutes of the last annual meeting, December 7, 2006 and last special member meeting on August 2, 2007. Paul asked Peggy if she received any requests for changes to the minutes from the annual meeting last year. He asked if any member had any additions or corrections to the annual meeting from last year. With none, Paul asked for a motion to waive reading of the minutes . With no further discussion the motion was made, seconded and approved without objection. Paul then asked Peggy if she had received any changes to the minutes of August 2, 2007. Peggy said she had not received any corrections. Paul asked for a motion to forego reading and approve the minutes from that meeting. With no further discussion, the motion was made, seconded and approved without objection. NOTE: Paul said that at the first meeting of the new board in January the minutes from the November 8, 2007 Board of Directors meeting will be subject to review and approval. 4. Reports of officers and committees and member questions: Paul said that the membership will have an opportunity to ask questions about any concerns that they might have after a quick summary from Board members about the status of projects being worked on by different committees. *Operations: Joe Bowen thanked all those who helped with the work on the walkover and path. He said that within a couple of years the entire walkway will probably have to be replaced. Joe said that the grass growing around the 2 wet ponds will be taken care of before the end of the year. Joe further said that he has not had to spend the amount allocated in the budget. Joe asked if there were any questions. A question from the membership about replacing the pool pump was asked. Joe said that the pump had to be replaced and as a result, electrical work had to be done. The bill has for the electrical work has not been received but Paul said that less than an hour was spent on the repairs. Lou Ciasulli asked if there would be money put into the replacement account such as the walkover. Paul said that there is money in the 2008 budget for deferred replacement reserve. Paul asked Lou if he had looked at the 2008 budget which was mailed along with the dues notice for 2008. ( the report that was handed out was a summary of the 2007 budget). The new board will make the choices as to where the allocated money is used. Paul said that the end of the year financial statement will be sent to the membership. *Finances: In the absence of Fred Black, treasurer, Paul corrected a” typo” on the report that was handed to the membership. Paul briefly reviewed the financial report handed out. He said that the cost of mailing was a very expensive item in the budget as most mailings are heavy and there were three extra mailings this past year due to special member meetings. If members can receive the minutes on e mail it would save quite a lot of money. Phil Tribble asked how to receive the e mail. Paul said to go onto the website and send an e mail to any board member listed saying that you would like to receive the documents through e mail. Frank Carelli said he is willing to deliver the minutes to members living in HBE to help save on postage. Frank will talk to the secretary for the new board as the secretary is responsible for the mailing of documents to all membership. * C&R enforcement: In the absence of Debbie Clark, Vice President, Paul said that any reported violations have been corrected with a phone call or a upon receipt of a note stating the violation. No further action has been necessary. Lou Ciasulli asked about the violation of a car parked in the driveway with an out of date, out of state license plate and has been there for 6 (?) years. Paul said the new board can address this with the owner. Lou also said that there is tar paper all over the back of the house. Paul said that the owner has been working on that portion of the house. Sara Clarke said that if the outdated and out of state license plate faces the street it is a county violation. *Architectural Review: Paul said that he has been acting as a contact point for the ARAC, giving the proposals for approval to a committee. Jim Morelewicz, a committee member was present. Jim, Jennie Bingol and Bill Jamison are the committee members. If Paul receives a notice from a member of the ARAC recommending approval, he passes the application for approval to other board members for their approval. If all members are in agreement after reviewing the proposal, approval is granted. Paul expressed concern over approval of new construction and recommends that the new board consider the alternative of having a professional approve plans that have been submitted for approval. This would require assessing a fee to the person constructing the new home. Paul said that Bill Jamison has indicated that he will be unable to serve on the ARAC next year, and he does not know if Jennie Bingol will continue to serve. Paul thanked Jim and the other members for serving on the ARAC. *Secretarial Matters; Paul asked Peggy if she had any issues to discuss. Peggy said that things have gone smoothly this past year. Mailings have been costly. She asked that the new Secretary contact her and she will “unload” all leftover materials for use in the coming year. *C&R Review Committee: In the absence of Fred Black, Paul asked those who served on the Committee.( Sara Clarke, Frank Carelli, Larry Anderson ) if they had any information to share with the membership. Paul said that the document showing the proposed revisions is on the website--go to “Whats new” and click on “architectural review matters.” . Paul said it is up to the new board to decide what process to take to bring the amendments to a vote. The committee will wait until the new board is in place before discussing the revisions. Paul thanked those who served on the committee. He also thanked Bob Hamby (absent) for printing the documents and to Bob Rohr (absent) for his help in the revisions being made. Paul said that he has learned in the past few years that the language used in the C&Rs matters. It sets the tone in the community, and it gets to very specific things--hanging on a single word which can be interpreted in different ways by different people. (ie “appurtenances , dogs per house or per lot) Bob Rohr sent a letter to the Board stating that he would not like to see a vote on the entire package--it cannot be a “take it or leave it” deal. He feels that any vote should be by individual section or issue. Paul said that decisions are left to the new board to work through.. *Pool area beautification committee: Paul said that there is $2000 allocated for pool beautification in next year’s budget. Paul thanked those who served on this committee-Sara Clarke, Alicia Anderson (absent) Hana Vrany, Betty Hamby, Jean Mattson, Renate Sherwin and any others who helped with getting the fence replaced. Sara said that Bob Hamby helped to mark the parking area. John Bonner helped Sara and Harold clean out behind the shrubs. Paul said that it is nice to say that this is our community pool. Thank you all! *Record keeping and website enhancement: Paul said that the file cabinet will be passed on to the new Board. Most of the files have been organized. There are some issues to consider about enhancement of the website. Paul thanked Joe Sermarini, who maintains the site, for the improvements that have been made so far. Paul said that work will still be done to get the site as user friendly as possible. Paul will provide the new board with Joe’s procedures for putting new items on the site. At
this point, Marlene Zacharias asked Paul why he is talking to only the other
side of the room. Paul said “thank you
dear” for bringing it to his attention.
He then asked Peggy to strike “thank you dear” from the record. Peggy told Paul that this would be
highlighted! *Paul said that he has spoken with the attorney about the lawsuit against the Ginn Corporations where our association had been erroneously included and named in the suit. The attorney for those suing told Paul that he has filed a motion with the court to eliminate us from any involvement in this litigation. He will send a copy of the filing and we will receive a copy of any court action when it has been completed. 5. Old
Business: * Status: Lot 70-71 Paul said that he has not heard anything new about the conservation easement on the lots. He asked Jean Sherwin if he has heard anything, as his lots abut lots 70 and 71. He said that nothing has been decided as yet. * Status: North-south drainage canal ---HCCC Committee : Paul said that Frank Carelli and Bob Hamby are representing HBE on the committee which includes members from Marineland Acres, and Sea Colony to the north, as the canal flows through both subdivisions. Frank said that the committee has not yet had a meeting. *Status: Road repair and maintenance: Paul said that Bob Hamby gave a detailed report at the last board meeting and that there is nothing significant happening right now. *Status: Dry Pond--possible change from HBEHOA ownership to easement: Paul said that he hoped to have a letter from our attorney about options to be considered before any decision is made. She was not able to complete the letter because of some issues that came up within the past couple of days. The letter will be sent to the new board. Paul summarized the proposal of the change, saying that because Rosenbaums are members of HBEHOA, there will be closed meetings between the new new board and our attorney. Per our attorney, there is no requirement for a member vote as we are not giving away anything, only changing the status—she is sending a letter to the Board explaining her position. The issue that will come up is the question of “consideration”. What would be appropriate--Attorneys will advise and decisions can be made. In response to a question, Paul said that HBE owns 28% of the total size of the two lots. Frank Carelli asked about Rosenbaums owning the lots and if HBE owned the easement, would HBE be responsible for maintenance on that portion of the lots. Paul said that we have and will continue to have responsibility for the dry pond, granted to us by St. Johns Water Management. Gary Fairley asked if a copy of the letter would be available to members of HBEHOA. Paul said that the letter would not be public while negotiations were in progress,,,attorney-client privilege. Phil Tribble, an attorney, confirmed that this was the appropriate approach. Betty Hamby asked about Stan paying for our attorney--she said she thought that if we were paying for our attorney, the membership would be kept informed about all that happens throughout this process. Paul said that it has cost HBE nothing getting us to this point. Sara Clarke asked about a vote being required from the membership as to whether the ownership of the dry pond should be changed to an easement. Paul said that the advice that the attorney will give will say that a vote is not required. When an agreement is reached and the time comes for a vote by the board of Directors, that vote will take place at public board meeting. The membership can voice its concerns at this meeting. 6. New Business: Paul said that there was no new business provided and asked if anyone had any issues that should be discussed. Dennis Clark said that he is participating in the Scenic A 1 A committee and that as requested, Stajo has removed the signs at the intersection of A 1 A and Armand Beach Drive as they were in the right of way of Armand Beach Dr. Frank Carelli asked about Armand Beach Dr. being a public street. Dennis said he does not know who owns the street, but the signs were in the public right of way. Paul asked Dennis about his role in the planning committee with Flagler County. Dennis said he has just been appointed a “Futures Committee” which will deal with the comprehensive plan for the growth of Flagler County. Dennis said his role is to represent homeowners associations. It will be a long process as no one has a list of all associations in Flagler County. He said that he will put information on the web and try to inform as many people as possible. Paul commended Dennis for becoming involved in this huge task. 7. Election: Paul said that we have 4 candidates for 4 openings on the Board of Directors. Under the rules that were adopted for the election we have to allow for write-in candidates If there are no write ins, then we can vote through a show of hands. Paul asked Peggy if there were any write names on the absentee ballots other than the names that were already on the ballot Peggy said that there were no write in names received.. Paul asked if there was anyone who wanted to include a write-in name on the ballot. If so, they should raise their hand and we will proceed with an actual vote counting process. If no other names are given we will approve the slate of candidates. No one in attendance indicated that they wanted to include a write-in candidate. With no other candidates, Paul gave each of the candidates a chance to speak before a vote is taken. The candidates introduced themselves and told the membership why they wanted to serve on the board. Paul asked for a motion to approve the slate of 4 candidates. Motion was made and seconded and the slate of candidates: Larry Amuso, Larry Anderson, Michele Austin and Sara Clarke, was approved. Closing comments: Paul said that Joe is ending a 7 year stint of serving on the board. Peggy is ending 5 or 6 years and Paul is ending a stint of 3 years . Joe and Peggy both declined to comment. Paul said that whoever becomes secretary will learn just how much work is involved . He thanked Peggy for getting everything done and presented her with a bouquet of flowers. Paul thanked Joe for all the work he has done involving the grounds and pool and a bouquet was presented to Joe in appreciation for Kathy relinquishing Joe for time spent on HBE projects. Paul thanked the Fred Black and Debbie Clark for their service on the Board. He noted that one thing that has become evident is that most of the association members want to be free to enjoy their lives and do not want to get involved in an organization that has a lot of conflict and bickering. Paul said that perhaps the detailed recording of such conflicting comments in the minutes of board meetings while keeping people informed has turned them off to participating with their neighbors in our association. Paul said that he hoped that association members would still answer the call to help on projects or participate in social events even if they may be turned off from participating in the administrative decisions of the association Paul asked for any last items. Frank said that the next bar bbq will be Memorial day. Jim Morelewicz thanked Paul for his leadership for the past 3 years and thanked the outgoing board members for the job that they have done. With no other comments, the meeting was adjourned at 8:15 PM Respectfully submitted, Peggy Steele, Secretary, HBEHOA :
After several complaints, may we again remind you to clean up after your
dogs! Thank you annual meet dec62007pzps ADDENDUM HAMMOCK BEACH ESTATES HOME OWNER’S ASSOCIATION, INC. PRIMARY MEETING OF THE NEW BOARD FOR 2008 THURSDAY, DECEMBER 6, 2007 The meeting came to order at 8:18 PM. Members present and elected to positions as follows. President Larry Anderson Vice President Sara Clark Secretary Larry Amuso Grounds and Maintenance Michelle Austin
Treasurer Fred Black not in attendance.
The next meeting will be at 7:00PM on Thursday January 10, 2008 Meeting adjourned at 9:10PM
Laurence Amuso, Secretary |