Sunshine
Property Owners
Board Meeting
May 13, 2005
CALL
TO ORDER:
The meeting was called to order
by Dave Taney at 7:00 p.m. All Board of Directors are present with the
exception of Pastor Na. With 6 out of
the 7 we have a quorum. Dave then called
upon Kathleen DeStefano for the minutes from our last meeting.
MINUTES OF 3/17/05: Kathleen
handed out the minutes to everyone. She
asked if there are were any corrections or additions; please let her
know, as
the minutes were typed up by another person.
Everett Stauffer made a motion that we accept the minutes as
written;
Lew Morello seconded the motion. It was
passed unanimously.
TREASURER’S
REPORT:
Irma Martin
handed out a copy of the report and explained all of the figures to the
Board
of Directors. Bill Andrew asked a
question regarding the MBR account and what the contract amount was. This was explained to him by Everett. At this time Sam Mrakovich asked why the
ballot was taken out of the MBR account, as other ballots had not been. Dave answered him, telling him that this
particular ballot dealt with nothing but the MBR and so that account
was used
to pay for it. Sam stated a by-law
regarding the sending of ballots and wanted it noted that he voiced his
objections to the MBR account being used.
It was duly noted. Everett made a
motion that
we accept the treasurer’s report; Kathleen seconded the motion. It was passed unanimously.
OLD
BUSINESS
M.B.R.C.
Status Report: Sam Mrakovich stated that he had heard from
Mr. Hanna
regarding the
punch list that is needed for the MBR Project to be finished. Mr. Hanna stated that he should have it out
that day. Nothing showed on Wednesday,
Thursday and I am still waiting. Sam said Dave Hanna offered apologies
about
trying to get caught up. Bob and I did a
walk down the road last week and things are pretty dried out. In the parking area down below there was a
lot of muddy material deposited on the road, just above the 200 foot
line,
which is drying out considerably. The
water in that vicinity just seems to be sitting there and not flowing
down into
the salt water. I was able to speak to
D&R and learned that their jurisdiction stops at the mean high tide
line. Their concern is silt coming onto
the beach,
but the 200 foot critical area is the County’s.
I went through all the paperwork we received from the County and
it
seems, to me at least, that we can do any kind of maintenance that we
want on
the existing features. If we had any
changes then we are subject to permits. Everett – They told us that if we want to
build that parking lot up or do anything or clean ditches, we have to
get a
permit. Sam - It says we
can maintain what we have there, which is the
parking area. It even talks about
dredging ditches and cleaning existing ditches.
So, I think we should redo that paperwork. The
permit is a $50 item and we get to this
point I think we need to get back to the County, as D&R does not
have the
final say on that. That would be the
next step, as I see it, following the resolution of this project with
Olympic
Excavation.
Dave
– Are
you going to work with the County to get that permit Sam?
Sam – Yeah,
I’ll get with them. Dave – It
would make sense if we are going to get that permit.
Sam – I
think so because that is one thing I can see that would require a
permit for
sure and that I would like to change the
channel a little bit on the west side to pull it away from the bluff. Dave –
Where are we with Kevin Booren, as far as getting the work done
that needs
to be done; as far as finishing up the
project and the
road
cap. Sam – We are waiting
for Dave Hanna’s report on finalizing the
punch list. We would call a meeting and
decide on what the final punch list would be for him to take care of. At that time also, I want to touch basis with
him and see if he is still willing to do the crushed rock cap for the
price
that was stated. So, we are just waiting
for Dave Hanna’s report. Also, I would
like to request the appointment of Jim Conquest to the Beach Road
Committee, to
get our number back up to 10. Everett – I don’t see any reason to add any members. Sam - Volunteers
are not that easy to come by. Why not,
let me ask that question? Kathleen
– When will he be back? Sam
– In
about a week. Lew – My
question is this, this close to the end do we need to make
additions or subtractions to the committee?
Bill – We are close to the
end aren’t we? Kathleen – I
think we should table this until the next meeting,
until we can meet the man and talk to him; see what he has to say. Bill –
For a committee isn’t it usual to have an odd number to prevent any
ties? Dave – Actually,
that is debatable Bill. The reason I say
that is the Beach Road
Committee and a lot of the committee’s the way they are set up if they
are an
even number, then I, being an ex-officio member, breaks any ties. It sounds like everybody is in favor of
holding off until the next meeting and ask Jim to be here.
I personally have no objections to Jim. Kathleen
– I make a motion that we table the addition to the MBR Committee
until we
can we meet and talk to him. Lew
seconded the motion. The motion was
unanimous and was tabled to the next meeting.
M.B.R.
Project
Bills: Dave – As Irma pointed out, I
didn’t realize that she had gone to the extent she had, so most of that
has
already been covered. But, the bottom
line is for the original contract; all the bills have been paid and are
currently up to date, with the exception of the hold back, and that
depends
upon the completion of the project punch list and the presence of a
warranty
bond, which hasn’t been presented yet.
It is kind of in Kevin Booren’s hand now. Sam
has a copy, with other copies floating around;
all the Board members have a copy of the contract.
As soon as we receive from Dave Hanna his
report, and that’s put together with an agreement from Kevin as to
giving us a time
line to finishing the punch list, we will then cut a check to Kevin,
with the
Board’s approval, to pay the $11,917.07 some odd dollars that are due
for the
rock wall. Sam - Why is
the rock wall tied into this project? Dave –
The best answer I can give you for that is that is what I see as
appropriate. Nancy Drake – How
much has the Board paid a lawyer and where is
that on the budget? Dave – We
haven’t paid a lawyer anything yet. Nancy – Well, how much is our lawyer bill
going to cost in regards to your dealings with the other lawyer? Lew – The
lawyer knows more about legalities than David does; and he seeks advice
when he
doesn’t know something. Dave –
The actual cost is about 3 or 4
hours of time, so a few hundred dollars.
Nancy
– All right, thank you. Dave
– Lew’s answer is probably the
best answer. We wouldn’t have had any
lawyer expenses if we hadn’t gotten involved with, how do I want to put
this, I
think Kevin Booren is being coached from the other side, as to which
direction
to go in some cases. Let’s put it this
way, it is resolved; there is nothing at this point.
Nancy
– I
want to go on record we wouldn’t have had any legal (there was a lot of
chair
pushing, noise at this point and I was not able to understand what Nancy was saying
on the
tape). Dave – duly noted. That
answers Sam’s question, I guess. Les,
you had your hand up? Les – If
the Board continues to push
for this project, are there any procedures in place to prevent the
inappropriate charges such as we paid for the contractor hitting that
sewage/drainage pipe? Everett –
Yes.
I talked to L & I, and they sent us information. When this project is done, we can go back and
ask Kevin Booren to reimburse for that.
Or, we willmake
a claim against his
insurance, is what L & I said.
Absolutely it is his responsibility.
L & I said that since he didn’t call he is absolutely liable
for
hitting the pipe. Dave – My
suggestion has been that we owe him $11, 917.07 for the
rock wall, and when we pay that it is my intention to deduct the $1,100
in
sewer repairs that we have already paid.
The relocation, which is $4000, is probably legit, as we would
have had
to do that. But, if he had called and
went through a locater service we wouldn’t have had to do the emergency
repair,
which is about $1,100. We feel it is
appropriate to deduct that. (At this
point there were a few people talking over each other regarding the
rock wall
and it is hard to distinguish all of the voices.) The
$4,100 that we approved for the crushed
rock cap, obviously we are not going to pay for it until it is done. That has not been started yet, so that is
still to come. And, the hold back is
clearly spelled out in the contract how that works, so when we get to
that
point we will do it accordingly, with what the contract says. But, if you stop and think, like Irma was
pointing out, we have $17,000 to work with.
If you take say $12,000, deducting $1,100 for the sewer line
repair,
that’s $11,000; take $11,000 and add $4,000 to it that’s $15,000; add
this hold
back to that which is $9,000; you have $24,000, you have a $7,000
short-fall. Nancy – Excuse
me, but on the last ballot we
won the right to borrow money at 1½%. So
you have no problem paying these bills. Dave – That’s correct. But,
we still have to have the money from
somewhere. Nancy – That’s
right and you can get it
now. Everett –
And we will get it when the job is
done. Nancy – You
are so wronging the property
owners. Everett –
No we are not. When the job is done we
will pay the
bill. Dave – Where is the
money going to come from Nancy?
Lew – The loan. Dave –
Who’s going to make the loan? Nancy – You know you are being
a--------. Dave – Just
answer my question, where is the money going to come
from? You obviously know, so (someone said the board said they had it.) Nancy
– You people made a deal, Everett sat there in a Board meeting
nodding,
they made a deal before the meeting, they got a 1½% loan
available, that they
have set up before the meeting; it was voted on; then it went out to
the property
owners and it was passed. So you’re just
giving us Everett – And it will be paid. (People
talking over each other, hard to understand.)
Nancy
– In the meantime we have a young contractor under duress and
stress,
trying to keep going. While you Everett – If he would come finish the
project, then he would get paid. Nancy – You are ruining the name of SAPOA
for a contractor’s Dave – Well, I’ll
be honest with you; I am not too concerned with the contractor. My concerns are not with contractor. I have absolutely no sympathy or concern for
him. Kathleen – We said
we had 2 or 3 people that we may be able to
borrow the money. It was not set up
yet. It has not been done yet. And, it can’t be done until the bills are all
in. Dave
- The bottom line is we have the funds to pay the rock wall, which
is not
an issue until we get the punch list back from Dave Hanna.
Nancy – No, that’s not the way it goes. Dave –
Well, that’s the way it is going to go.
Kathleen - Punch lists have
to be done first. That’s every
contracting that has ever been done, every construction job, you get
the punch
list and then the bills are paid after.
I know you are shaking your head no, but it is true. My husband is in construction, I know. Everett – We did
pay him when it wasn’t
deserved, it wasn’t in the contract, so he can wait for this one. Lew – Not
to mention the fact that there is no use in even looking for a loan
until we
know exactly how much we are going to have to borrow.
(Nancy
interrupts Lew) When are you going to
let me finish my sentence? Nancy – You’re insulting me. Lew – Yes
mam, I am. We don’t know how much we
need until we get all of the advance payments and we get the bill at
the
end. Then we’ll go after the money. Nancy – You know
what the property owners Lew – What’s next on the
agenda?
Dave - We
will pay the bills when the bills come in; the bills that are approved. And we don’t need any extra money until it is
time to pay the payback, because if you take the $9,000 away from
what’s due,
we have those funds. So, until we need
to pay the holdback, we don’t need to borrow any money.
Summer Newsletter: Dave -
We are working on that and getting it ready to go.
If any body has anything they want to put in
it; Sam if you want something in writing in the newsletter I need it by
the
middle of next week probably; if you get together with Cecelia maybe
and put
something together. One of the issues
that should be addressed in that newsletter, that I am getting
questions on, is
when and if people can go down the Muscle Beach Road.
I’m not talking about necessarily driving, but foot traffic. Sam – Well,
I guess there’s not a problem with foot traffic so much.
I hate to see any kind of disturbance until
the contractor is done. Dave –
I don’t disagree with that, but
we need to put something in the newsletter to what access, if any, do
we
have. Bill? Bill –
I’m just not comfortable with that.
I don’t think you can start opening that up to traffic until the
road is
ours. We have to pay for the road as we
may be blamed for things that were not necessarily done by us. So, I think that road has to be bought. Lew – Maybe
something to the effect of foot traffic if the contractor is not
present. Dave –
There hasn’t been any construction there for a month and people are
saying,
well gee the weather’s nice now can I at my leisure walk up and down
the
road. Bill – I think you
are giving the contractor an opportunity to say
you guys are causing all the damage.
(Several people talking) It is
not our road yet.
2005-2006 Budget: Dave –
The next item on the agenda is the 2005/2006 budget.
That needs to be started very work on
soon. We need to get that out so that we
have time to get a ballot out and back in 30 days, prior to the July
meeting. So we probably have to have
that out before the first of June or at least by the first week of June. Keeping that in mind, we have to have that
budget approved at the Board meeting prior to sending it out. So we probably need to schedule a Board
meeting for early June. Do any of you
have any conflicts of the first week of June that you know of? If not, I will pick a Monday or something;
first Monday of June and schedule that. Everett – I think the Detention Pond can go
down to a $300 or $400 budget item. With
the expenses, we are going to have about $2500 in reserves for that,
and that
should be enough. Dave – Along
that same line, the annual meeting we talked about
once having a meeting on a week night, without a potluck.
What are your thoughts on that for July? Everett – I think it would be appropriate for
the membership that we try that. Dave – I am thinking like late
July. The last 2 weeks of July,
midweek. We will work around the
Airport’s meeting and the Lavender Festival.
I will call and see what room is available, what dates are
available and
pick a date then.
Director
Elections: Dave – Sara has been
filling the unexpired term of Dan Abbott, so will need to run for
election in
July. If you do decide to continue you
will have to run for election at the July meeting.
And, we need some other candidates. Nancy
you talked about once heading that. Nancy – You mean a nominating committee and
election committee set up. I did
volunteer to be on the nominating committee.
Dave – Are you still
willing? Nancy – Yes.
Dave – Anybody else? Nancy – Cecelia volunteered. Dave – Neil? We are asking
you to commit for Cecelia
to be on the
nominating committee. Neil – Okay,
I will commit for
her. Dave – There is no
limit for the nominating committee, but I think
3 is an ideal number. Bill – It
is hard to get volunteers
around here. Kathleen – We
are going to have to get volunteers because next year
you are not going to have a Board, if you don’t get volunteers. (Many people talking at this point.) Nancy – I really
want to see the property
owners get a fair shake. Dave
– Do you know of a third person
Nancy? We will start asking for names at
the next Board meeting. Kathleen
– Or, you can call me as I am
suppose to head it. I would be the
chairman of that committee, so you can always call me and give me names. Dave –
Okay, there’s the third. Lew
– That makes it really Kathleen – I have to head
it, it is in
the by-laws. Dave – There
is 2 committees involved a nominating committee and an
election committee. The nominating
committee you don’t have to be a part of.
The election committee you do because you are the secretary. Nancy - Your
by-laws state that a nominating
committee is supposed to have 1 Board member and 2 members at large. Dave –
Well, there is Kathleen, you and Cecelia.
That is 3.
Open
Comments:
(There were several
people
talking at the same time.) Irma
– I have a comment about the
newsletter that we are sending out.
Should we try to get a list of people that want to receive it by
e-mail,
so we don’t have to send out so many? Dave – When the by-laws were written,
all they say is that you have to send out 4 newsletters a year. They don’t specify how or what means you use
to send it out. Like ballots, as an
example,
have to go first class mail. It spells
that out. But, newsletters don’t
necessarily have to go first class mail; in fact we send them bulk mail. It doesn’t say you can’t use email and I
don’t think email really existed at the time those by-laws were written. We can ask and it would sure simply
things. I would bet that 50% of our
residences have email. The average
newsletter is about $260, and that would cut it in half if that was the
case. I will put it in there.
Lew – They
could submit there email to our secretary?
Dave – We have a SAPOA web
site; all they have to do is submit there email address to the SAPOA
website
and we can go from that. That would be
easy to do. The only problem I can see is
that people tend to change email servers occasionally.
And if they don’t notify you when they
change, they won’t get one.
Meeting Adjournment: Lew Morello
made a motion that the meeting be adjourned.
It was seconded by Kathleen DeStefano.
The meeting was adjourned at 7:40 p.m.