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HAMMOCK BEACH
ESTATES HOME OWNER’S ASSOCIATION, INC. Annual Meeting, Thursday, December 8, 2005, 7:00 p.m. 1. Peggy Steele, Secretary, and Anita Rohr, registered attendance as
members arrived for the annual meeting, having them sign the 2005 Annual Meeting Roster,
certifying proxies, and providing appropriate number of ballots. 2. Paul Zacharias, HBEHOA President, called the meeting
to order at 7:10 p.m.. He asked that those present introduce themselves. He started with the Board: Paul Zacharias, The attending homeowners were: Larry Amuso, Alicia & Larry Anderson, Fred Black, John and
Betty Bonner, Frank Carelli, Lou Ciasulli, Robin Cotie, Tom & Edythe Guggino, Norman and Dorothy Humphreys,
Mike and Karen Joyce, Sandor Kadar, Lou Luceri, Manuel Lugris, Charles McMorrow,
Barbara and Tom Mullaney, Bob and
Anita Rohr, Richard Royere, Joe and Carol
Sermarini, Robert Thomason, John
Vegerano, George and Hanna Vrany,
and Charles Vreeland, Counting those present and proxies, a
total of Forty-seven lot owners
were accounted for which is a sufficient number for a quorum . (45 lot owners were needed for a quorum 1/3 of 147) 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 mailed to the member- ship on Nov. 20, 2005 and emailed the same day to
those members who have requested that the Board communicate such notices to them via email instead
of postal mail, by posting on the same
date the meeting notice and agenda on the HBEHOA website and posting
on the same date, the meeting notice on the Community Bulletin Board. The date set for the annual meeting has
also been shown on the website for several months. 3. Paul asked members for a motion to forego the reading of the minutes from last years
annual meeting, which was held Dec. 2, 2004. the motion was approved
unanimously . Paul asked members for a
motion to approve the minutes of last year’s
annual meeting as
written and distributed. 4. Paul discussed the procedures adopted by the Board of Directors at the
October board of directors meeting as amended
at special Board meeting on December 5th. Paul said that the members who volunteer to
be the vote counters
promise not to divulge how any member voted.
Paul said that volunteers should be aware that while the counters are doing their
job behind the curtains, we would proceed with the meeting. Four members volunteered:
to accept the volunteers,
the motion was made and accepted with no objections. The volunteers each promised they would not divulge any vote other than
their own. 5. Election of Directors:
Paul asked that the candidates give a short statement about themselves
and why they would like to serve on the board. The candidates for the two year term made
their statements, beginning with Joe
Bowen, followed by Frank Carelli , Peggy Steele, and Paul Zacharias. Paul asked that the candidates for the one year term give their
statements, beginning with Paul asked for questions for the candidates as to
their opinions about issues concerning the community. The question was asked to each candidate as to
their opinion about the building of the pavilion. The candidates were willing to
respond to this issue, even though it would be voted upon at the
meeting. All candidates except Frank Carelli, stated that they
supported building the pavilion. Mike Joyce asked the candidates as to how they
would handle the issue of builders who did not keep their construction sites looking
respectable or who did not take steps to keep dirt from their sites from
blowing onto other
properties-- a particular problem for an oceanfront construction site when
the winds blow off the ocean.
noted that some
communities require bonds from builders as leverage if they do not keep sites
maintained. Frank Carelli said that
the best way to handle an issue was for the Board to impose a fine on the lot
owner and cause the lot owner to pressure the
builder. Paul said that what is needed
is a memorandum of understanding
between the
association and all builders in HBE, that presents a reasonable set of
expectations for the
builder to follow that respect the community while recognizing the normal
practices used in home construction. Harold Clarke asked why a letter was sent to
certain members by the developer supporting a slate of candidates.. Paul said that the developer, as an
association member, was exercising his right of free speech to support candidates he
preferred, an action that any member could have done. Paul assured members that neither he, nor to his
knowledge any other candidate shown in the letter, had accepted any money or
made any commitments or promises to the
letter writer. The other candidates
indicated agreement with that statement.
. Paul asked for ballots to be marked and put in the ballot
box.. After voting was completed,
there was a short break for Paul to instruct
the counters on the procedures for counting the ballots. Members enjoyed some
refreshments while Paul was talking with the
ballot counters. 6. Discussion and voting on pavilion
proposal: Paul said that we would
not take any action on any significant expense unless there that project was
put to a vote. He said that the survey
of members that was collected showed that there was enough interest from
members to put the construction of a pavilion at the pool to a vote at the
annual meeting. Paul asked for members for any question regarding the
pavilion proposals, noting that there would be an opportunity for members to
express their views on the project prior to the vote. Ÿ
Bob Rohr asked
the board how this would be paid for and how the vote would be taken. Bob said it would take 74 votes to pass the
project. Paul said that the board
could go ahead with the building of the pavilion on its own initiative as an
enhancement of the community. Paul
said that this is not the way we are going to approach this, but with this
vote we will know what the majority of members choose. We have done everything possible to
communicate with all members, and every member has had the opportunity to
vote. Lou Luceri
said he did not receive his e mail.
Peggy said that she remembers Lou being on her outgoing email
list. Paul said that the way the email
is being sent will be improved to make it more recognizable as coming from
the association and hopefully more “user” friendly. Ÿ
Bob Rohr made a
motion that the discussion for the pavilion be tabled until the next annual
meeting, stating there were discrepancies with the voting procedure. The motion was seconded and a vote was
taken regarding the tabling of the discussion for the pavilion. The motion
did not carry. Ÿ
Frank Carelli said he has a letter from an attorney stating
that any improvement
to common grounds must carry with a 50% of all homeowners. Ÿ
Mike Joyce noted
that elections are won and lost on the basis of those who vote. The requirement for positive votes from a
certain percentage of lot owners, essentially counts a non-voting lot owner
as a “no” vote. This is the tyranny of
the uninvolved and is not consistent with a democratic voting process. Ÿ
Paul discussed
ways of paying for the construction of a pavilion, if approved.,
as described in the proposal. With no further questions, Paul
initiated a 20 minute debate period where those in favor and those opposed to
the pavilion would have 10 minutes each to present their views. Paul flipped a coin that determined that “pros” would
speak first. Ÿ
Ÿ
Karen Joyce said
she thought that an enhancement would add to property values and would hide
the restrooms and the pool area as it stands is an eyesore to the community. Ÿ
Norm Humphreys
said he thought it would be an asset to the community. Ÿ
Carol Sermarini
said she that it was time to stop going after the developer about the issue,
time to move on and that a pavilion would enhance the community. Ÿ
Jean Sherwin
said that a center like a pavilion would be an asset. Ÿ
Dennis Clark
said, in his view, the pool grounds area is an eyesore and not up to the
standards of the rest of the community--a pavilion would help improve the
appearance of the area and serve to enhance property values. Those against the
construction of a pavilion were then given the floor. Ÿ
Bob Rohr said
the cost of utilities, maintenance, taxes, etc. should be considered. There will also be extra costs to furnish
the pavilion with tables, chairs, fans, etc.
He does not think the costs will be worth building a pavilion. He said that utilization and participation
has not been great with any function that has been given, whether it be at the pool or elsewhere. The size of the pavilion proposed would not
be big enough to accommodate all members.
He said that there would be nuisance problems, graffiti problems,
destruction, etc. Bob said that any
improvement at the pool should be the responsibility of the developer. Ÿ
Frank Carelli said he was not totally against the pavilion, but
he wanted it built with a choice of design from the members. Ÿ
Lou Luceri asked about a landscape design at the pool. Paul
said that we are taking the vote for a pavilion before moving forward so that
we know whether to plan landscaping with or without a pavilion present. Ÿ
Richard Royere said that the developer promised a clubhouse and
he should be forced by legal action to build it and pay for it. Robert Thomason concluded
the discussion and said he was speaking as an undecided voter. He said that he has postponed voting on the
pavilion until he heard the discussion.
He feels that the board has done a lot of research on this project and
has presented it well. He hopes that
the board will act upon the majority of those who have cast their votes, as
those who have not cast any vote will never express their opinion. Paul asked that members cast
their ballot. 7. Reports of Officers and Committees: After a
short break for voting and refreshments, the meeting continued with reports
from officers and committees. Because
some Board members had summarized their actions in specific areas when they
gave their nomination speeches, Paul decided to not ask for presentations but
instead to open the floor for member questions or suggestions: Operations: Ÿ
Lou Ciasulli is concerned that $15,000 was spent on the pool
and nothing on the beach walkover. He said that the issue of the walkover
should be reviewed,
that we should get an estimate and proceed with rebuilding. He is concerned that the final budget for
2006 shows that
lesser amount has been budgeted for the walkover. Paul noted that the lesser amount presumed
that replacing some wood on the walkover was a project that could be done
with volunteer labor Ÿ
Harold Clarke
suggested that preventative maintenance be done on the pool fence. Paul said that the operations director
should work this into a schedule for next year. Ÿ
Paul said that
we have a list of volunteers to do a lot of the maintenance work around the
common grounds. Robert Thomason
suggested that
perhaps the work should
be planned in combination with a
picnic. Ÿ
A question was raised
about the status of the dry pond. Paul said that St. Johns Water Management
would be contacted about the pond. He
feels that it is not functioning as it should. Treasurers report: Paul discussed the treasurers report in the
absence of Dorothy. We are right on
target with the budget. He said that
the our insurance expense is less because insurance company will not insure
the restrooms at the pool . If the pavilion is built the restrooms
would be covered along with the pavilion.
We will keep the reserves in the $13,000 range. C&R enforcement: Other Matters: Ÿ
Paul said that
the new street signs have arrived and will be put up shortly. Barbara Mullaney has told Paul that the county will
correct the E-911 database to change Ÿ
The next board
will take a look at how the Architectural Review Committee (ARC) is to
function and decide how to proceed.
More formal procedures are required, including open meetings, if the
ARC operates as an independent group under delegated authority from the Board
rather than as an advisory/review committee that makes recommendations to the
Board. Volunteers will be needed for
the Architectural Committee and also the Fining Committee. The fining committee has never had to act
because Sara has been able to get violations corrected by a phone call or a
letter. Ÿ
Paul said that
there is a problem getting a quick notice to members who do not use a
computer and would like suggestions from any member in that situation as to
how we can communicate more effectively with them. The best way for the Board to communicate
with most members is
through E mail or posting on the website.
Paul thanked 8. Old business/New Business: After being told that the election
committee needed a little more time, Paul opened discussion of the final two
agenda items, old and new business, so that the meeting could conclude
following presentation of the election results. No old business was brought up. Paul asked if there was any new business to
discuss. Bob Rohr said he heard rumors about fountains
being placed in the ponds. Paul said
that in the survey that was sent to members, there was some interest in
fountains, but the board has not taken any action on this matter. Specifically, possibility of fountains has
not been discussed by and no one has sought out any information on them. Paul noted that people’s preferences vary
on the merits of fountains--some like the sound of running water and others
like the tranquility of a quiet pond. 9. Results of Election and Pavilion Vote: After the election committee received a
thank you round of applause from the membership, Anita Rohr as spokeswoman
for the committee reported the results.
Board
of Directors Election Eighty-five (85) lot owners
voted in person or by absentee ballot.
The results were as follows: Two Year Terms: Peggy Steele
- 79 votes; Paul
Zacharias - 77 votes; Joe Bowen - 55 votes;
Frank Carelli - 31 votes. Peggy, Paul and Joe are elected. One Year Term: Karen Joyce
- 51 votes; Karen and Sara are elected. The current board thanked
all who voted and Sara gave appreciation to Jean Sherwin for getting involved
in the association even though he had just moved in and asked him to consider
serving on a committee. Pavilion
Vote Anita reported that seventy-one
lot owners voted in person, by absentee ballot, or by proxy. The vote was 36 in favor of constructing a
pavilion and 35 votes against. Paul
said nothing more will be acted upon until the next board meets in January. ___________ Paul asked again if there
was any other new business. Fred Black
asked that drivers keep their speed down especially along Paul asked for a motion to
adjourn. Anita made the motion to
adjourn, Sandor Kadar
seconded the motion, and the membership voted unanimously to adjourn. The meeting was adjourned at 9:35 PM. Respectfully submitted, Peggy Steele, Sec.
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