GASPARILLA CONDOMINIUM ASSOCIATION
BOARD OF DIRECTORS MEETING
March 11, 2006
President Bill Leavitt called the meeting to order at 10:00 a.m. Board Members in attendance were Bill Leavitt, Joe Farrelly, Dave Hubbard, Bud Stewart and Sue Boyd. Our Management representative Robert Hernandez was also present. Notice had been posted according to Florida law.
MINUTES:
Moved by Joe Farrelly, seconded by Dave Hubbard that the minutes of the February 18, 2006 meeting be approved as printed. All in favor.
FINANCIAL REPORT:
Dave Hubbard reported that he has the preliminary report for February, 2006. We have a balance of $16,000 in the general fund, $58,000 in the reserve fund and $8,600 in designated funds. YTD we are on budget. He reported that Eugene Sullivan is making an appointment with Management Co. to complete the review for 2005. Moved by Bill Leavitt, seconded by Dave Hubbard that we accept the financial report as stated. All in favor.
MANAGEMENT
REPORT:
Robert Hernandez reported that he has had good reports on the job completed by the contractor to clear roofs of pine needles. He feels that it was fair for both sides, taking into consideration the job they did, the time to do the job and the payment. This is a new contractor and this first cleaning was a test. He also reported that he is in the process of finalizing the paperwork regarding amending documents to increase term of Board of Directors from 2 years to 3 years. This is an important vote as it is important to have the Board run smoothly with experienced people as new directors come on board. Currently 3 terms expire at one time. If all directors elected at that time are new, this could have serious affects on the operation of the Association by the Board. The Board is recommending that terms extend to 3 years and that terms expire no more than two at a time. To amend the documents, it will require a 2/3 majority vote.
COMMITTEE REPORTS:
Buildings and Grounds:
Tom
Voss read his report, a copy of which is attached to and made part of these
minutes.
The
committee has interviewed and selected a candidate for the handyman’s job.
He is well qualified and able to perform the work described in the job
description. There will be a work
order process through B&G chairman, the management representative and the
designated summer representative, Bud Stewart.
Moved by Dave Hubbard, seconded by Joe Farrelly that we approve the
contract to hire Ken Piotter as our handyman.
He is to be paid through PCM at $20.00 plus approximately 20% for admin
fee. He will be completely covered for Workmen’s Comp and
Liability Insurance. All in
favor. Dave Hubbard noted
that although this is an unbudgeted position, there is room in the B&G
budget for part of his salary. When
that is used up, remainder will be paid from contingency account.
The committee has recommended that Ken check through the workroom at
Cabana and provide an estimate of cost to replace tools that would be helpful
to community. If the committee
agrees, funds for the tools will be taken from auction account.
Robert noted that Ken’s obligations to the Association are the common
areas. If you see work that
should be done, your request should be on a work order.
The committee/manager will determine if it is an Association
responsibility and do we have the funds to do the job.
Any work that is deemed personal will be the unit owner’s expense.
The
committee is recommending that John Napolitano rent equipment from True-Value
and drain property at end of 1st & 2nd streets and pool walkway area.
John and Bruno Costa have taken grade shot elevations.
Members of the committee would rake the area and decide whether we
remove and re-sod or seed and let nature take its course.
An outside contractor has quoted $600 to remove and replace sod after
removing excess dirt.
A
discussion took place on exposure to Association and other projects on the
property. Sue Boyd read from the
Documents – Declaration 9 (E) - Limitation Upon Liability of Association.
She also read from the Liability portion of the Association Insurance
Policy under Medical Expenses Coverages – “We will not pay expenses for
“bodily injury” a. To any insured”.
As owners, we are all considered insureds under this policy.
Pending a legal opinion, it would appear that there is little exposure
to the Association for any injury to an owner while volunteering on the
property. Robert will get a legal
and insurance opinion on Monday as there is an urgency to get this job
completed. Sue Boyd raised
concern that soon the rainy season will start and unless sod is placed on the
exposed dirt, the dirt and any grass seed will be washed away.
Moved by Dave Hubbard, seconded by Bud Stewart that, pending the legal
and insurance opinion, John Napolitano rent equipment and that the drainage
project be done in house with volunteer labor.
Sod will be placed on the exposed dirt to finish the job.
All in favor.
A
representative of Ban-A-Bug walked the property with Tom to determine areas
where we have termite and ant problems. Committee
will make recommendations to Board in near future.
Landscape: Rebecca Hokkanen read her report, a copy of which is attached to and made part of these minutes. She reported that the work parties have continued to work on the Memorial Garden. They have added new perennial plants and pine mulch for the beds and bark mulch for the centre path. To date they have spent $294.22 of the $300 donated from Gasparilla Fund for this project.
The committee has walked the grounds and identified areas where new foundation plantings are needed. They have purchased $181.64 worth of plants, leaving a balance of $518.36 in the budget. Landscaper has been planting these new plants and cleaning out dead and overgrown plants behind units and in privacy islands between units.
The committee thanks the volunteers, not on the committee, for their time and effort in helping with landscaping work: Gwen John, Pat Hoyt, Pat Hubbard, Donna and Bill James, Itsy and Dale Wells, Sandy Yamarik, Paul Boudria and Wilma Katz.
Dock Committee:
Jim
McMahon reported that there has been vandalism and theft from boats and
property along the creek. Jim
hopes to have a start date soon for the dock railing.
Social:
Donna
Freeman reported that the monthly breakfast will be Sun, March 12.
Next Thurs a group will be going to Snook Haven to enjoy the banjos.
Next Fri will be the St. Patrick’s celebration.
Corned Beef Sandwiches will be $3. each, payable in advance and
participants should bring an appetizer. She
hopes to have music for the party. The
Friday following will be the monthly pot luck.
There are several things planned for April, so stay tuned……..
Gasparilla Fund: Joyce Kendall thanked the Landscape Committee for all of their hard work in the Memorial Garden. It looks super and invited everyone to take a walk and enjoy the garden.
Cabana: Pat Hubbard reported that there had been a work group. They cleaned the area thoroughly. She raised concern regarding cleanliness of the pool and feels that the contractor is not doing a good job. Four lounges are dirty (mildew) and asked what should be done. Bill Leavitt advised that he will contact the company we use and have them pick up the four lounges to be restrung and renewed.
OLD
BUSINESS:
· Pool Update – Bill Leavitt reported that the pool will be closed from March 23 at 9:00 a.m. until March 24 around 4:00 p.m. The pool will be fully operational on March 25th. The engineering firm will do a soil analysis and in approximately 2-3 weeks they will make recommendations regarding the pool. Equipment will be on site March 23/24 and plywood is to be placed on grass so there will be no damage. While the equipment is here it will be noisy and dirty around the pool area.
· Handyman: Covered in Buildings and Grounds
·
Landscape
Contractor: As
a result of numerous complaints, we
will be doing a performance review of the contractor.
We are in the process of reviewing and revising a contract that will be
acceptable to the Board, Landscape Committee and the Landscape Contractor.
Joe Farrelly solicited comments, both pro and con as it relates to the
contractor. Comments should be
passed along to a Board member within next few days.
·
Cable Contract – Joyce
Kendall reported that the committee had met with Comcast and outlined their
recommendations to the Board. A
copy of her report is attached and made a part of these minutes.
Because of the uncertainty for the future in this industry, the
committee is recommending that we sign a contract for 5 years at a price of
$31.44 per month with a maximum 6% annual interest.
If, during the course of the contract, the FCC was to mandate
unbundling channel offerings, then we could renegotiate the contract.
Joe Farrelly suggested that we ensure this renegotiation can be done without
penalty. Joe Farrelly also mentioned there is a possibility that, if
we sign a new contract now, we might possibly be able to avoid an increase in September.
Moved by Bill, seconded by Bud that we approve the Comcast Cable
contract, subject to review by the committee of both suggestions made by Joe.
All in favor.
·
Dock Railing - Dave
reported that he has signed a form authorizing the condominium to act as our
own contractor. It is hoped that
we will receive building permit within a week or two.
Robert has contacted another firm for an estimate.
We will use this as a back up in the event that we have a problem with
Sun Coast.
·
Repair Entranceway – #114
– Buildings and Grounds is recommending that tree roots be cut and replace
sidewalk, using either American Concrete (quote $250) or the new handyman.
The committee also recommends exploring the possibility of bringing in
an Arborist to review the trees on the entire property for recommendations as
to their care and maintenance i.e. which trees should be removed as they are
too close, could cause damage to other trees, etc. Sue Boyd said she was pleased to save a tree, but was
concerned that if we cut the roots and weaken the tree, what will be the
implication when the hurricane season is upon us.
The Arborist should be able to help on this question. Moved by Bill, seconded by Dave that we cut the roots and
replace sidewalk. All in favor.
NEW
BUSINESS:
·
Revise procedures to make
allowances for short term violations. They
recommended that manager and a board member speak to occupant of unit, or
place written notice in door. A
cover letter should be sent to owner by certified mail.
Notice should be timely in every case.
·
Assess Maximum fine.
·
If owner is fined and has
not paid, can board pursue through small claims court so that the fine can be
registered with land records? The committee also recognized that most people like the rules
and do not want to live in a “lawless” community.
·
Are violations existing
at levels to make it prudent for Association to consider an on site manager?
This would affect everyone financially.
·
It was noted that there
is nothing in rule book to say a person
should look elsewhere for a truck form to be completed.
As a result of these recommendations, the Enforcement Procedures were
revised, with input from all Board Directors, maintaining the requirements as
stipulated in the Florida Statues. Sue
Boyd read the revised Enforcement Procedures, a copy of which is attached to
and made part of these minutes. Sue
Boyd also read the revision to Rule # 28 and Truck Notification Form, which
was revised with input from all Board Directors.
Both of these documents are attached to and made part of these minutes.
At this point, Gary Payne spoke on behalf of the committee and said that
they were charged with one item.
The committee felt the information should remain confidential and,
accordingly, posted a letter to the community outlining their conclusion that
the fine would be imposed. The
committee was concerned about the split in the community from this issue and
also wanted to protect Janet. All
agreed that the Management Co. did a lousy job.
The recommendations by the committee would not change the outcome of
their decision in this case.
A long discussion took place with many questions/comments from the owners.
Bud Stewart noted that he was not happy when his contractor’s truck,
which did not comply, had to be parked off premises.
It was very inconvenient for him to renovate without the truck in his
drive. Sue Boyd again reviewed how the guidelines were determined
and answered the question of how to change the rule. The Board must be petitioned by 10% of the owners and then
the community must vote to change the Declaration.
Moved by Sue Boyd, seconded by Dave Hubbard to adopt the changes to
Enforcement Procedures as read. All
in favor.
Moved by Sue Boyd, seconded by Joe Farrelly to adopt the changes to the
Truck Notification Form as read. All
in favor.
Moved by Sue Boyd, seconded by Joe Farrelly to adopt the change to Rule
#28 as read. All in favor.
The Board previously adopted the use of Pine Needles as mulch as
recommended by the Landscape Committee. This
recommendation is now included in the official Landscape Plan in Rules for
Community Living. Moved by Sue
Boyd, seconded by Bud Stewart to adopt the revised Landscape Plan to include
Pine Needles as mulch. All in
favor.
·
Sue Boyd read a letter
received from Janet Dalpe stating that the fine she has been assessed is being
paid under protest. She further
states that the funds are to be used for a rose garden in memory of George
Dalpe to be completed by April 6, 2006. Bill
Leavitt spoke and said that this violation had gone through the Appeals
procedure. The mediation
committee had dealt with both the Board (Bill Leavitt) and Janet –
individually and together. It was
discussed and agreed by the Board that we would abide by the decision of this
committee. The committee kept the
information confidential and their decision was to implement the fine.
This decision was accepted – end of procedure.
Janet requested that the fine be donated to the memorial garden.
The Board agreed to her request. Bill
pointed out that the $100. is a fine, not a donation.
It is not the practice of the Board to instruct the Gasparilla or
Landscape Committees in what to plant in the garden.
Any decision will be made by both committees.
Dave Hubbard pointed out that we will have to make an adjustment to
transfer the $100. from the fund equity balance to the Gasparilla Fund
Committee account. Moved by Bud
Stewart, seconded by Joe Farrelly. All
in favor.
QUESTIONS AND ANSWERS:
Jim
McMahon took the opportunity to thank the Board of Directors for all of the
many hours and dedication spent on behalf the community.
There were no further questions and answers as they were addressed throughout the meeting.
The next Board of Directors Workshop will be on Tuesday, April 11 and the next Board of Directors meeting will be held on Saturday, April 15, 2006 at the cabana.
Moved by Sue Boyd, seconded by Joe Farrelly that the meeting be adjourned at11:45 A.M. All in favor.
Respectfully submitted,
Sue Boyd,
Secretary.