February 23, 2009
Bay Club
7pm
Board Members Present:
Charlie Moore, Dave Grahek, Larry Howard, Mary Lou Sholl
Board Members Absent:
Ron Buzzeo, Kathy Lawson, Bill Lord
Others Present:
Tomi Moody-CAM; Chris Harris-Treasurer; Barb Curran-Outgoing Secretary;
Mia Ramsden-Incoming Secretary
Residents Present:
19
Open Forum/Question & Answer Session
Dan Bergbauer stated last year the BOD
issued a report in June and a letter in October dealing with the
enforcement of the covenants as they related to the BOD/BOG golf issue.
Since these documents impacted the rights of residents Dan
inquired why they were not reviewed with the HOA attorney beforehand.
Charlie Moore indicated the BOD seated at the time did not feel
their findings warranted formal review.
Charlie indicated he, himself, participated in some of the
discussions and he said they were confident that the report which was
made and the letter which was distributed were consistent with the
covenants. Dan felt the
membership is being shortchanged and requested the Board review the
matter and get the HOA attorney involved so the matter can be resolved
once and for all. Dave
Grahek indicated it was his recollection that the HOA attorney did
communicate with an attorney in
Call to Order
President Charlie Moore called the meeting to order at 7:00 p.m.
Establishment of Quorum
A quorum was present.
Change of Agenda
President Charlie Moore indicated there
will be a discussion under New Business concerning current procedures to
enforce delinquency policy associated with the use of amenities in
Cypress Landing.
Minutes
Charlie Moore asked for a motion to
accept the previous minutes.
Mary Lou Sholl moved and
Presidents Comments
None.
Committee Reports
Bay Club Operating CommitteeChair
Mara Graves indicated in January 2009 the committee performed an
inspection of the building and identified areas needing attention and
forwarded the list to Scott Moody.
The finish of the top of the bar has been worn down to bare food
due to normal wear and tear and the bar will be resurfaced and
refinished. During the 5-6
days the epoxy/polyurethane will be drying, the bar will be closed.
A kitchen inventory was done in November 2008 and nothing needed
to be replaced. At that
time it was apparent more storage areas are needed.
As a result, cabinets will be constructed in the Washington Room
(labor to be performed by one of CL residents) and possibly the
Chocowinity Room, as well as a wine glass cabinet in the bar.
The major assets inventory was completed just this morning and a
sub-committee was formed to review replacement of the furniture in the
Bay Club. There was a
slight delay in beer shipments last week due to the weather, but that
was momentary. In the
future, however, because we are considered a small account, beer might
only be delivered once every two weeks, resulting in a storage problem.
BCOC also raised the bartender gratuity for private parties (18% to 20%
for one and from 20% to 25% for two).
The sound system was fixed.
There were two resignations on the BCOC, Doug Smith and Ingrid
Butler.
President Charlie Moore asked if the Board members had any questions of
the BCOC. There were none
and the BCOC report was accepted.
B&G
Sink
Hole Status
Chairman John Reiner indicated B&G
received a quote from HML in the amount of $17,500.55 for the
repair/replacement of the
Charlie Moore asked the Board if they
had any questions before the recommendation was put to a vote.
Mary Lou Sholl had a question relating to some verbiage on the
back of the form, which John addressed and Larry Howard questioned what
would happen if we dont do anything?
John responded it would then become a safety issue, as there are
now two sink holes present.
As there were no further questions,
President Charlie Moore indicated he would accept a motion to accept the
B&G recommendation to expend approximately $17,500 to replace the storm
water drain on
As there were no further questions, Charlie Moore requested a vote to
replace the storm water pipe at a cost of $17,500.
A vote was taken and the motion was carried unanimously.
(Attachment 2)
2nd
Phase of the Bay Club HVAC Ductwork Repair
There are air-flow problems in the
ductwork which effects the circulation of air in the bar area and the
area adjacent to the
As there were no questions by the BOD or comments from the audience,
President Charlie Moore requested a vote on the motion to have C/A
perform the work as outlined at a cost of $2,700.
The motion was carried with a unanimous vote.
(Attachment 3)
Grill
Patio
John Reiner stated there are two grills
located inside the screened porch area adjacent to marina lounge.
The Fire Marshall indicated the two grills should not be stored
under the building as it poses a potential fire hazard and should be
moved outside the marina.
To comply with the Fire Marshalls request, B&G would like to build a
patio area on which to place the two grills at a cost of $2,000.
It was noted the grills are used by residents and after some
sailing activities by the Yacht Club members.
As there were questions concerning the cost of this project vs. the
actual use of the grills, President Charlie Moore indicated he will take
the B&G recommendation for this item under advisement and add it to list
the BOD has been provided by the Long Range Planning Committee and work
the LRP in order to come up with a prioritization of the project and a
mechanization by which to present it to the entire community.
(Attachment 4)
Diseased
Tree Removal/HOA Common Area
Last fall B&G identified 26 trees which
were diseased and/or dying.
Recently the
After a discussion of the tree types, specific location of the trees and
possible replacement, President Charlie Moore asked if the BOD members
were in favor of removing the trees at the request of B&G.
The cost of $3,900 would come from Major Capital Maintenance
Fund. The motion was
carried by a unanimous vote. (Attachment 5)
Election & VotingChair
George Badey indicated the E&V Committee has been reviewing the current
election and voting procedures used at CL for the past year and have
come up with some considerations for the BOD to consider.
They would like the BOD to consider removing voting for HOA
officers at the annual meeting, that the vote could take place prior to
the meeting via the mail or possibly the internet, thereby eliminating
BOD nominations on the floor. This will require a change in the By-Laws.
The Committee also wished the BOD to consider a new policy which
would provide residents an opportunity to participate with the BOD in
the planning for and approval of changes to the covenants, by-laws,
projects that require special assessments and projects that would
significantly change Cypress Landing.
This policy would create a Review and Comment Period prior to any
official voting whereby a meeting organized by E&V is held with the
residents relative to the specific issue for the purpose of exchanging
information. All residents
would have the opportunity to comment regarding the proposed action
within the allotted time. A
summary of the meeting would be posted on the internet.
It was felt these measures would greatly reduce the time, money
and efforts involved in the voting process, permit residents to more
easily change their vote as well streamline the process in general.
President Charlie Moore asked if there
were any questions the BOD would like to make of George relating to the
Review & Comment Policy.
Larry Howard asked if George was aware that the CLMHOA Election Board
Subcommittee chaired by Ron Buzzeo has included the Review & Comment
Policy on their agenda.
George was not aware of this.
Charlie Moore stated that the Review &
Comment Policy, while commendable in spirit, is not executable in the
context of the association being organized and run in some semblance of
order with the organization rules which have been imposed upon us by the
state, which is Roberts Rules.
He felt it is not appropriate to hold an association meeting that
it not properly announced, for which there is no agenda, any minutes
kept or no opportunity for the Board to have a chance to interact with
or respond to. Once an issue/assessment/item has been identified, it is
the obligation of the board to make their intentions made far in advance
and respond and listen to association input from the members.
Charlie said we have meetings every month and these monthly
meetings provide the perfect venue where we can vet and listen to any
comments the association may have.
President Moore then requested comments
from the audience. At this
point various questions, issues and thoughts were expressed.
One member felt what we have now does not work.
John Moore, a member of the E&V Committee and in the audience,
said something needs to be done in the way our covenants and by-laws
require us to conduct business.
The past two unsuccessful ballot issues are indications of this
need. Residents wanting to
change their ballot vote could not do so.
Additionally, John felt the monthly Board meetings are not the
appropriate venue for these informational meetings as the monthly
meetings are attended by few residents.
More broad-based communication is needed and that more work
should be done on the part of the BOD with the membership before
something is proposed.
In conclusion, President Charlie Moore
stated the specific recommendation tonight at the board meeting has to
do with the Board accepting the Review & Comment Policy.
At this point, Tomi Moody-CAM stated the proposed Review &
Comment Policy would provide a process which would be consistent from
year to year and from board to board.
Not only would this policy provide a specific time period but
would provide a consistency which is lacking now.
Dave Grayhek indicated it is apparent
from all the comments and input from E&V Committee members and residents
in the audience, this is too important an issue to consider with only
four board members present.
The recommendation should be postponed to permit more
investigation and analysis on the issue, even if it means the policy is
not in place prior to this years annual meeting.
In light of this, President Charlie Moore requested that the E&V
Committee consider withdrawing their recommendation until such time that
the board has more time to consider it and, hopefully, at a meeting
where more board members are present.
Chair George Badey said they would withdraw their recommendation
for reconsideration at a later time.
Charlie Moore indicated this item will be on the March meeting agenda.
George went on to say he hoped that members of the BOD would meet
with their committee.
In closing, President Charlie Moore stated the Board has previously
considered and discussed the ramifications of what the E&V Committee is
proposing as well as some of the significant implementation issues.
He certainly does not want meeting attendees to feel the Board is
deliberately creating unnecessary delay.
Prior to any policy change, the BOD needs to be certain the
change will ensure consistency and reliability over time.
Charlie Moore confirmed with a resident that the E&V Election &
Voting memo and the document covering the Review & Comment Policy will
be made part of the board meeting minutes.
(Attachment
6)
Finance
2008
Audit Contract
On
behalf of Chair Mike Bickel, Scott Fagin made the recommendation to
award the contract to prepare the 2008 Annual Financial Audit to Wilson,
Jones & Company.
As there were no questions by BOD or the audience, President Charlie
Moore asked the Board to accept this recommendation?
The motion was approved by a unanimous vote.
(Attachment
7)
Resurfacing
of the Bay Club Pool Dressing Rooms from the Major Capital Maintenance
Reserve.
The previous recommendation was made to
utilize the Reserve for Capital Improvements for this project.
Again, following no questions from the BOD or the audience, the motion
was passed with a unanimous vote.
(Attachment 8)
2010
Budget Schedule
The Finance Committee has proposed a
schedule to permit timely completion of the budget.
The Finance Committee is requesting the Boards approval and
commitment to participate in the budget activities.
No questions were raised.
As a result, the motion was passed unanimously.
(Attachment 9)
Safety & Security Committee
Security
of Storage Lots
Bernie Dougherty, Co-Chair reported
there was an attempted break in at Storage Lot 6 on February 6, 2009 and
the Sheriffs Office responded.
To date no one has reported anything stolen or damaged.
Sheriffs deputies now include exterior perimeter of lots during
patrols. As all residents
are informed by the HOA that all storage lot users sign a waiver of
liability, Bernie is asking the BOD to what extent does the BOD and the
S&S Committee, have responsibility for the security of the storage lots
and contents?
It was felt the cost of the various
safety and security measures should be weighed against the actual value
of the items lost/stolen.
At this time it was felt the Sheriffs patrols are a good start and that
if additional measures need to be taken, they will be considered on an
as-needed basis.
Tomi Moody-CAM, indicated the HOA is
having a company come in and professionally repair the fence where it
had been cut. (Attachment 10)
Nature
Path paralleling Old Blounts Creek Road
Bernie indicated a member of the S&S
Committee expressed concern about the potential fire hazard from natural
debris on the ground adjacent to the Nature Path.
The current contract with Landscaping Unlimited covers the nature
trail itself, but not the adjacent areas and there is sizeable debris on
both sides of the trail. It
was noted B&G doesnt do anything relating to the Nature Trails.
It was generally felt nothing additional
should be done on the Nature Path.
Since we already have S&S looking at the trails, Landscaping
Unlimited working on the trail itself and the Environment Committee
creating markers denoting points of interest, we have sufficient amount
of attention being given to the trails and the possible potential fire
hazard concern.
Charlie Moore said should the drought worsen and it is felt that more
attention should be given this area, the situation will be addressed on
an as-needed basis.
(Attachment 10)
Excessive
Speeding within
At the request of S&S Committee, the
Sheriffs Office will add marked vehicles to the current unmarked
vehicles patrolling throughout Cypress Landing.
Sheriffs Office reported a number of vehicles have been observed
driving well in excess of the posted speed limit.
Additionally a radar trailer has been deployed on main
thoroughfares within the community.
There was an incident where a resident tail gated the unmarked
car and actually attempted to pass it.
Larry Howard asked what the next step would be should residents
continue to speed. Bernie
responded that we could consider speed bumps, which would involve the
DOT.
Bernie went on to say that the Sheriffs Office
could begin to deploy radar units and issue citations, noting that our
streets are state-owned and, as a result, the Sheriff did not need our
permission. (Attachment
10)
Treasurers Report
Treasurer Chris Harris reported we are a
solvent community. We have
over $1,000,000 we are accounting for.
We are struggling to invest our CDs in high rates and need to do
a lot of shopping around.
There are 28 delinquent assessment accounts; 17 home owners and 11 lot
owners (3 of whom are also delinquent for lot mowing) for a total
(including fees) of $20,330.
This is much better than last year when we had 44 delinquent
accounts during the same period of time.
Relative to Profit & Loss, Net Income is $8,160 vs. a projection
of $97, our Income was $980 over budget projections and our expenses
were $7,083 behind budget projections.
(Attachment 11)
Community Association Manager Report
Tomi Moody-CAM reported the previously
approved Bay Club Tile restoration project will commence in mid-March
and the Pool Bathhouse Floor Refurbishment project will start April 1st
after the pool deck is resurfaced.
Tomi asked if the final warning letter for those home/lot owners
where an attempt is being made to make some payment toward the
assessment could be deferred another 30 days.
Those letters to homeowners who have made no effort to contact
Tomi would be sent out the end of February.
Tomi asked if a Board member could accompany her during the
upcoming community inspection some time this week.
Additionally she would like appreciate receiving Board input
relative to creating an email policy which is consistent with the
Board/Community vision. It
is getting harder and harder to determine those groups which should be
included and those groups which should be excluded.
Relative to the HOA Office, on January 29th a
committee chair orientation was held with the various committee chairs
and on January 30th records were purged and year-end files
were consolidated.
President Charlie Moore indicated the Board had previously discussed
Tomis request to defer the final lien letter (for those lot/property
owners who have made an attempt to make their assessment payments) just
prior to the meeting and it was their decision to enforce current policy
and procedures and not to defer the letters.
A discussion will be coming shortly in the meeting concerning how
we enforce this policy.
(Attachment 12)
Unfinished Business
Status
of Pool Drains
Larry Howard reported this issue relates
to new federal requirements regarding the suction and drains for safety
purposes. As this involves
both State and Federal entities, there is a lack of clarity relative to
the enforcement of the requirements.
Currently the enforcement will fall to Beaufort County Health
Department. As of tonight
we will be replacing the two drain covers in the main pool.
In the wading pool we will be replacing the drain cover and the
collar which goes around the cover and gets screwed in.
The drain covers cost $700 each and it is uncertain what the cost
will be for the wading pool drain collar.
Additionally, Larry reported, we will only use one of the two
pumps which will ensure we do not exceed the new suction rates as
stipulated by the new federal requirement.
The covers have been ordered and will be installed by opening day
of the pool. The funds will
come out of pool budget. At
this point it is believed the new requirements will be effective this
year but enforceable by 2010.
However, this may change as more information is received.
Tideland
Electric Research Findings
Charlie
Moore stated Jim Kloiber was to have been present to report his research
(at the request of the BOD) to determine whether Cypress Landing
residents who are currently with Tideland Electric can request to become
hooked up with Progress or vice versa, residents with Progress could
transfer to Tideland. The
bottom line is no.
Homeowners cannot elect to change their utility company.
Environment
Committee Charter Revision
President Charlie Moore related about
two months ago the Environment Committee submitted a recommended
revision to their Charter.
For various reasons the Board is getting to this recommendation now.
The Board has accepted the charter as presented and Charlie had
anticipated going over the changes with the meeting attendees, but now
realized this might be the first time the Environment Committee Chair,
who is sitting in the audience, is hearing about this because the board
liaison to the committee had not been around.
As this was the case, Charlie Moore indicated this item will be
deferred to the next Board meeting.
New Business
CLMHOA
Secretary Resignation and New Appointment
President Charlie Moore indicated after
six years in the CLMHOA Secretary position, Barbara Curran has submitted
her resignation Barbara and the Board reluctantly accepts her
resignation. After sending
out an email request for interested residents to contact the HOA office
and Barbara canvassing residents herself, one resident has been
identified, Mia Ramsden, as Barbaras replacement.
Mia was welcomed and Barbara was thanked for her time and
commitment to the Board. At
the next meeting Mia will be appointed in writing as an officer of the
Association and accept Barbaras resignation.
Procedures to Enforce
Delinquency Policy Associated with the use of
President Charlie Moore stated the
current policy stipulates those residents who are delinquent in their
assessments are not considered residents in good standing, and, as such,
forfeit the right to use community amenities, such as the two pools,
fitness center, tennis courts, trailer parking facility and Bay Club.
The policy further states the only action necessary is to post a
list of delinquent accounts which provides the lot number in the
vicinity of the
In discussions with the BOD, several
alternatives have been identified.
One of which is to include the last name of the party associated
with the lot and post the list on the bulletin board associated with the
amenity. This could be
accomplished at the tennis courts, the bar, the pool and the fitness
center. It would be up to
the individual residents or users of the amenity to be certain the
policy is enforced.
At this point Charlie Moore asked for
Board comments on this issue.
Larry Howard stated he does not wish to list the names as he does
not want to embarrass or shame residents.
He is in favor of sending certified letters.
Dave Grahek indicated, as Treasurer of a country club for 17
years, they found posting names to be effective.
Posting the names was not done to embarrass anyone but to ensure
the amenities were enjoyed by those residents who followed the rules vs.
those who did not. Dave
went on to say currently we have a delinquent family member who is using
the Iris Lounge and we have another delinquent family member who has
items in the storage lot.
We need to ensure our by-laws and covenants are enforced as written and
the BOD needs to know who is delinquent.
Mary Lou Sholl agrees with Larry Howard that no specific last
name should be provided.
However, she agrees with Dave Grahek in that if a board member sees a
delinquent family member using an amenity, the board member should
discreetly take the family member aside, indicate the amenity is not
available to them and ask them to leave.
At this point Charlie asked for comments
from the audience. Some
residents felt names should be published and some did not.
Some members felt the residents of Cypress Landing have the right
to know who are delinquent as this does affect amenity usage.
One member felt the delinquent names should be published on the
Cypress Landing web site.
All in all, many different points of view were expressed, some strongly.
Some residents asked how far the BOD and HOA should go if
delinquent residents continue to use the amenities.
For instance, do we consider calling in the Sheriffs Office?
Current policy stipulates the liens are filed effective March 1st.
At
such time could we not ask the respective residents to remove the items
from the storage lots or Scott could be authorized to remove them?
Tomis main concern related to those
areas which are not staffed, like the fitness center.
How do we enforce this policy?
Do the bartenders call Tomi when they see an unauthorized
resident in the bar?
Additionally Tomi indicated this year
there are 8 families attempting to pay down their assessment.
If we are going to make a policy change relative to posting
names, Tomi would like to see the delinquency grace period be extended
from the current 60 days to 90 days.
This is recommended by CAI.
Charlie Moore concluded the discussion by indicating he brought this
issue up so the Board could discuss this among themselves and hear the
general consensus of the residents in the audience.
No member of the board is prepared to make a motion concerning
policy tonight. As a
result he withdrew his initial comment in trying to make a motion.
Between now and the next Board meeting the Board will come up
with a revised policy statement we can act on and discuss
The question was asked of Charlie if the Board will act on the two
examples of delinquent residents using CL amenities (storage lot and the
bar), speak with them and ask that they decline from using the specific
amenity involved? Charlie
said the board has an obligation to enforce the policy as it currently
exists. If specific
delinquent residents are known who continue to use the amenities,
Charlie Moore indicated he will speak with them.
Announcements
March Board Meeting......................
March 30, 2009......................
7
ALL MEETINGS ARE OPEN TO THE
COMMUNITY
Adjournment
President Charlie Moore asked for a
motion to adjourn the meeting.
Larry Howard so moved and Mary Lou Sholl seconded the motion to
adjourn. The meeting
adjourned at 8:50 p.m.
Respectfully submitted,
Barbara Curran
Barbara Curran, Secretary Cypress
Landing Master Homeowners Association Board of Directors
Attachments:
1.
January
19, 2009 Minutes
2.
Sink Hole
Recommendation by B&G
3.
Estimate
from C/A for 2nd Phase of the Bay Club HVAC Ductwork Repair
4.
Grill
Patio Recommendation by B&G
5.
Tree
Removal from HOA Common Area Proposal
6.
Election
& Voting Memo-4 re Election & Voting Revisions and Review & Comment
Policy
7.
Finance
Committee Proposal for Awarding 2008 Audit Contract
8.
Resurfacing of the Bay Club Pool Dressing Rooms from the Major Capital
Maintenance Reserve.
9.
2010
Budget Schedule
10.
Safety &
Security Committee Report
11.
Treasurers Report
12.
Community
Association Manager Report