Waterlefe Master Property Owners Association Meeting Minutes

Transcription

1 Meeting Type: Regular Date of Meeting: Monday, August 30, 2010 Location of Meeting: Waterlefe River Club Time of Meeting: 6:30 pm Attending Board Members: Karen Clark, President Franklyn Dickson, Vice President Gary Corson, Director of Finances Rich Donoghue, At Large Absent Board Members: None 1. MEETING CALLED TO ORDER: by Karen Clark at 6:30 pm a. Acknowledgement of quorum b. Proof of Notice of Meeting was met 2. APPROVAL OF MINUTES June 28, 2010 MPOA Board Regular Meeting Karen Clark called for discussion of the Minutes. There being none, the Board voted unanimously to approve the Minutes. Karen announced that the Fort Hamer Bridge issue would be discussed near the end of the meeting, since the Board's attorney has indicated that the Board is not legally able to levy an assessment for the Fort Hamer Bridge. The Board has already taken some of the leftover budgeted legal funds to hire Kevin Hennessey as our attorney to represent us on the Fort Hamer bridge issue. He has been promised nothing other than the $5,000 that we paid him up front, and the Board has agreed to go as high as $10,000, which is the amount that was left in our legal fund. The Finance Committee has been asked about funding the issue for next year's budget. The Board is committed to avoiding additional assessments to homeowners. As long as the Board has a chance to make a difference in whether the bridge gets delayed or moved, we might be very interested in pursuing that. If we find out from our attorney that we don't have a chance to do that, the issues that are left are not MPOA issues; they are CDD issues. The CDD has already hired an attorney to guard our interests in the matter. 3. Election of Replacement Board member Karen: we have three candidates still in the running; two have withdrawn their names. The candidates are Dick Hall, Bill Stasiuk (not present - Herb Krasow to speak for him), and John Bowman (not present). The Board has seen all resumes. Herb Krasow spoke for Bill Stasiuk, who was away from Waterlefe. Dick Hall spoke for himself. Karen Clark read John Bowman's resume. The result of the paper ballot vote by the four Board members was that Dick Hall was elected by a majority vote. The vote tally was as follows: Dick Hall: 3 Bill Stasiuk: 1 John Bowman: 0 Dick will serve the remainder of Mike Long's term, which ends at the next election. Karen thanked Mike Long for his service to the community. 9/27/2010 APPROVED page 1 of 7

2 4. MASTER FINANCIAL UPDATE a. MPOA Financials Ben Strader: On homeowner's dues, as of December 31, we placed $31,000 in bad debt reserves. From January to July we had to add another $11,000. In July we collect $4,000. The total bad debt reserve was about $38,000 at the end of July. Uncollected debt billed out in 2010 is $22,000. Another $76,000 is approaching the write-off date, for a total of $135,000 that has not been collected. For properties in foreclosure, we are only entitled to recover 12 months of dues, or 3% of the mortgage, whichever is the smaller amount. Our collections have not been good; as a result we have written off $22,000 for the year. On a positive note, we are going to save about $50,000 from August 1 to the end of the year, due to renegotiations of our CATV contract. We have about $177,000 in the bank that we can use as our operating account. Our reserve account was underfunded by about $3,000. That amount will be made up by the end of the year. Income is about $6,000 above budgeted, but we are down on our expenses by about $11,000. We have improved dramatically from the beginning of the year, when we were down about $65,000. An audience member pointed out that 16 months ago there was a $125,000 surplus, and because of non-payment of dues, there is nothing left of that surplus. If a special assessment for non-payment of dues was needed, it would cost each homeowner about $200. Currently, six Villas and about 40 non-villa homeowners are not paying their dues. That's about 8% of the community. The Board was asked if services could be cut off for those who are not making payments. Karen responded that we cannot disrupt anything that is in group payments, such as TV and backflow preventer inspections. We can shut off entry gate clickers. The Board has made the decision not to be the first to foreclose on properties. We would wait for the bank to put a lien on the property, then we would put a second lien on the property. We do not want to force people out of their homes. Ben: The Villas are separated from the rest of the homeowners to keep the responsibility of a shortfall of dues for lawn maintenance with the Villas owners. b. River Club Financials Ben Strader: The balance sheet is highly improved. The audit and review are completed. Current assets are $195,000 and current liabilities are $60,000; a dramatic improvement from the first of the year, thanks to Vision Management. The budget on profit and loss for total company: revenue about $1,700 ahead, and overall expenses are slightly above budget. The Board accepted the Treasurer's report. 5. RIVER CLUB MANAGEMENT REPORT Bill Bower: July looked like a great month on paper, but it was due to $12,000 infusion of cash from unused year 2009 minimums. The $16,625 in unused minimums for 2010 will be billed to the homeowners on next month's River Club billing statements. We didn't meet our budget for covers. The construction part of the Tiki Bar project should be completed in about a week. It still needs flooring, the equipment, and the countertop. The rough framing inspection has been approved by the County. There will be a grand opening party. River Club carpets are going to be cleaned. Staff is getting additional training. Efforts to drive traffic will continue. Both TVs in the dining room have gone out and will be repaired or replaced. The water softener for the River Club needs to be replaced. We have an estimate of $4,000 to purchase, or a rental option for $125/month which includes service and parts. We have three bids for the fence around the pool heaters: two for aluminum, similar to the existing ones, for around $2,000, and one for a black chain link fence for $900. Bill 9/27/2010 APPROVED page 2 of 7

3 recommends improving the sight line from the pool area by adding a planting between the fence and pool. Motion by Rich Donoghue: Shall the construction of a black chain link fence to complete the enclosure of the pool pump area on the east side of the River Club building be approved? Seconded by Franklyn Dickson. Discussion: None. Vote on Rich Donoghue's Motion: The motion was approved unanimously. Rich Donoghue asked Bill what the total price for the Tiki Bar renovation was. Bill indicated that all of the cost information was not yet in, but the goal is to keep it within the budget of $32,000. River Club smoking policy Gary Corson: Management and the River Club employees had been asked to come up with a policy. Their policy recommendation was submitted to the River Club Committee. The committee voted unanimously to approve the policy. Motion by Gary Corson: Shall the following River Club smoking policy submitted by the River Club Committee be approved? Waterlefe River Club Smoking Policy For the benefit of all River Club patrons, smoking is not permitted inside the River Club building or within the screen enclosed veranda. At the rear of the building smoking is restricted to the pool deck level. Members and Guests are discouraged from smoking at the front entry to the River Club. Please extinguish and dispose of cigarettes and cigars in proper receptacles. Seconded by Franklyn Dickson. Discussion: Rich Donoghue questioned whether the only area available to smokers would be the pool deck area. Franklyn Dickson said, yes. Rich asked about smoking on the enclosed balcony. Karen Clark affirmed that it would not be allowed, citing the problem with smoke entering the dining room through the doorways, and that the smoke gets trapped by the screens, making it a problem for the employees. Gary Corson pointed out that this was not an easy thing to do, and that the River Club employees would have to enforce the policy. Gary added that the committee that worked on the policy was made up of both smokers and non-smokers. Rich stated that we are making the smokers second-class citizens by making them go downstairs to the pool area to smoke, and that they may no longer want to come to the River Club for dining. An audience member said to Rich that he would be discouraging those who don't want to be near smoke, and that she would stop coming to the River Club if there is smoke on the premises. Rich said that, for as long as the club has been here, we have had people smoking on the deck. He added that other restaurants have smoking areas outside and still get service, and that he thinks we are discriminating against smokers. Karen said that the difference is that now the balcony is screened in and that does make a difference. Vote on Gary Corson's Motion: The motion passed by a vote of For: Clark, Dickson, Corson, Hall Against: Donoghue 9/27/2010 APPROVED page 3 of 7

4 Karen Clark asked Bill Bower if we were cutting off member number charge privileges for people who are on the bad debt aging sheet, and are we making them pay cash? Bill said that we are not precluding them from using the facility, but we are not allowing them to accrue further debt on their member accounts. Ben Strader asked if we going to pursue collection on members who are behind on their River Club payments, as we are doing for those who are not paying their dues. Karen clarified that there are several people who owe large amounts on their River Club fees, and that she was asked if the Board was going to pursue them through legal means. Franklyn said, yes. Finance Committee member, Tony Tierno, pointed out that the MPOA's "Accounting Policies and Procedures Manual" delineates a process for both the River Club and the MPOA, and that policy should be followed. Karen noted that the attorney will charge $250 for each letter sent out. Tony said that in the past, the Board had gone directly to a collection agency, bypassing the attorney's fee. 6. PROPERTY MANAGEMENT REPORT Doug Egly: 127 new work orders were opened for the month; 104 closed; 23 still open; 4 are delinquent. The majority of violations are for mailbox lights. The budget for Property Management services to the other Associations, The Shores and The Landings properties, which is currently is $200/month, will increase to $250/month. The Associations have been notified. There is a need for additional microphones. We have bids for 6 wireless microphones for $2,500. Motion by Franklyn Dickson: Shall the purchase of a 6 microphone PA system at a cost of $2,500 be approved? Seconded by Gary Corson. Discussion: Rich Donoghue asked what the source of the money would be. Ben Strader answered that it would come out of the general reserve replacement fund. Vote on Franklyn Dickson's Motion: The motion was approved unanimously. Doug explained that one of the past due Member accounts was for golf, and the Member thought that he was being billed to his credit card. Property Management will work with the Member to straighten out the billing. 7. COMMITTEE UPDATE Committee Reports (Karen Clark asked that, for this meeting, committee reports only be given if Board action is required) 1.) Communications Committee Report 2.) Design Review Board Report 3.) Boat Lift Committee Report 4.) Activities Committee Report 5.) Welcome Committee Report No report 6.) Finance Committee Report - Accounting Policies and Procedures Manual Tony Tierno: The committee will make a recommendation to the Board at the next meeting for the content of the letter to be sent to homeowners regarding the annual holiday bonuses for employees. Karen Clark: The budget will be voted on by the Board at next month's meeting. 7.) IT Committee Report 9/27/2010 APPROVED page 4 of 7

5 8.) Legal Ad Hoc Committee Status Rich Donoghue: The committee charter is in the process of being drafted. 9.) CATV Committee Report Karen Clark: The savings gained through the new Bright House contract is in basic cable service. Those savings are being put into the budget in order to help avoid an assessment increase. Bright House learned, through a required audit, that they had not been charging Waterlefe homeowners for cable boxes. The FCC requires that Bright House charge for the box ($6.95 per box). An audience member said that he contacted Bright House sales and was able to have them reinstate the promotional rate that he had previously been receiving. Karen pointed out that a cable ready TV can be directly connected without the use of a cable box and will receive 100 channels at no fee other than those in the bulk contract. 10.) River Club Report given earlier in the meeting. 11.) Villa Landscaping Committee 12.) Fort Hamer Bridge Committee 13.) Strategic Planning Committee 8. OLD BUSINESS: Shores Report Franklyn Dickson: Several weeks ago the MPOA and the CDD sent a joint letter to all of the homeowners of The Shores because it was felt that those homeowners were not up to speed as to what was going on. In response, The Shores Board sent its own letter to the homeowners that, in Franklyn's opinion, was basically incomprehensible, and does not mention the meeting between The Shores, MPOA, CDD, and all of the attorneys at which a handshake agreement was reached. The Shores has begun work on the bridge on their own. Karen Clark said that the MPOA Board has received several registered letters from Shores residents stating that, if the MPOA tries to collect the fees that are outstanding, they will sue the MPOA. Our attorney said that those letters should have been directed to the CDD, not the MPOA. Franklyn explained that the agreement reached was that The Shores would pay into the CDD, the CDD would collect the funds, The Shores would give the CDD permission to do the work, and the CDD would do the work. It was agreed that the attorneys would draw up the agreement. The CDD attorney did that. It was approved by the MPOA and our attorney. It was unacceptably changed by The Shores attorney. 9. NEW BUSINESS: Ft. Hamer Bridge Funding Discussion Karen Clark: We would like to hear from both sides of the issue, how you feel about allocating budgeted funds to pay for the attorney's fees to go only as far as we are allowed to go. We are not going to take on CDD issues. If we decide to use budgeted funds, we would need some surety from the attorney that we could either influence the placement of the bridge, or could find enough problems to delay construction of the bridge to the point that it would become too expensive to build. 9/27/2010 APPROVED page 5 of 7

6 Numerous audience members spoke in favor of, and a few in opposition to, spending budgeted MPOA funds for attorney's fees to attempt to influence the bridge project. Most of the speakers expressed opposition to the bridge. Karen Clark told the audience that the CDD is working on mitigation issues including the "right turn only" plan for access and egress, noise abatement, light pollution, and golf course safety issues. Gary Corson said that committee's work has had nothing to do with property values. It's just a matter of protecting the community, and the lifestyle. Gary reminded the audience that the committee meetings are open, and urged everyone to attend the meetings, and to participate in the committee's work. Karen Clark stated that she was not even going to ask the Board members for their own personal feelings on this. She thinks the Board's mandate is to listen to the comments, filter through all the information, and make a decision. The Board was elected to do this job, and the Board will make the best decision. The Board will be discussing the issue when it comes back from the finance committee with their recommendation on how we can handle it in the budget, and how much of our monies we might be targeting towards covering expenses involved in the process of trying to mitigate, or trying to refute the present plan for the bridge. Rich Donoghue asked Ron Myers if it was correct that the current plan for the bridge is at the 30% stage and has been accepted by Manatee County. Ron believed that that was about right. Rich asked if it was URS that did the design. Ron said it was. Rich asked if the next stage was to go to 60% and if that contract had been awarded. Ron said that it was his understanding that URS has that contract. He said that the bridge design and the environmental impact study are being done in parallel, at the same time frame, and that if the study outcome is different, they may have to start over. Rich Donoghue said that the Board has to consider whether or not it has the authority to determine that it can spend the money on the bridge issue. Rich said that the second thing that has to be considered is the precedent that we are setting for doing this, because there is a road coming on the south side of our property that Lennar is supposed to build from Lennar to Upper Manatee River Road, which will probably end up with a traffic light, because the farmhouse at that corner is commercial property. If we are going to throw this much money against the bridge, then, when the south road comes, the people over there are going to say that they have the lights, and noise, and they will want the Board to fight that road, fight the traffic light, and fight the gas station that will be on the corner over there. Every one of those things needs to be considered when we are discussing this. The Board is trying to make an interpretation about whether or not it is in the community interest where we can charge all of the residents of Waterlefe, the Condos and the rest, for a bridge over here that they may or may not agree with. Karen Clark addressed Rich's issue. She said that Bud Carrey was the original challenger to the Board's idea of doing an assessment. Our attorney said that he was right that we can't do an assessment. Our attorney gave us a preliminary OK, and said we do have the discretionary power as a Board to make the decision to make it a budget item. Bud Carrey still has some concerns about that authority, and Karen sent his letter back to our attorney for further review. Rich Donoghue clarified the content of the letter from Kevin Edwards (the Board's lawyer). It said that, if the Board made a decision that it is in the community interest, then the Board can add it to the budget. The lawyer didn't say that we could add it to the budget; the lawyer said that the decision is ours. He is just giving advice. Franklyn Dickson said that this is a very difficult decision for the Board, and, as we go through the next few months, to feel free to talk to Board members about your feelings. 9/27/2010 APPROVED page 6 of 7

7 Franklyn asked of the audience: Let's assume the Board doesn't go ahead and pursue this, how many of you would be willing to put up money for a private group to fight this thing? (There was no acknowledgement of the results of the show of hands.) Rich Donoghue added that he is concerned about the safety issues involved with access and egress from the back gate, but that the issue is whether or not we can legally basically tax the community for the bridge, and then tax everybody for the road on the south side, and then whatever else. Rich feels that we need to partner with the County to try to get what we want on mitigation and stoplights and the rest of it. Karen Clark encouraged everyone to contact the Board with their thoughts on this issue. 10. ADJOURNMENT: There being no further business, a Motion by Rich Donoghue to adjourn was seconded by Franklyn Dickson, and the Motion passed by a unanimous vote. The meeting was adjourned at 8:43 PM. 9/27/2010 APPROVED page 7 of 7