Cape Royale Property Owners Association, Inc. MINUTES OF THE MEETING OF THE BOARD OF DIRECTORS OF CAPE ROYALE PROPERTY OWNERS ASSOCIATION, INC. HELD DECEMBER 11, 2009, AT 9:00 A.M. IN THE CAPE ROYALE CIVIC ROOM DIRECTORS PRESENT Pat Johnson, President James Chesser, Vice President Susan Vaughan, Treasurer Barbara Moore, Secretary Melanie McLendon, Parliamentarian Ken Clark, Director Peggy Peterson, Director IN ATTENDANCE Don Craven, Community Manager Mary Shay, Club Committee Barbara McDowell, Marina Committee Richard Masterson, Facilities Committee Bob Husmann, Roads Committee Linda Walker, Grounds Committee Dick Collier, Finance Committee Tom Bravenec, Deed Restrictions and Delinquent Fee Collections Committees Betty Fisher-Franek, Gate Committee Craig Kirk, Architectural Control Committee Virginia Shackouls, Cape Royale Utility District Elgean Shield, Cape Area Volunteer Fire Department 20 additional property owners were in attendance Joni Pursley, representing the Managing Agent, Association Management, Inc. CALL TO ORDER Due notice of the meeting having been given and a quorum present, the meeting was called to order at 9:03 a.m. The President, Pat Johnson, presided and the managing agent assisted in recording the minutes. A moment of silence was observed followed by the Pledge of Allegiance. MEMBER PARTICIPATION GUIDELINES Pat Johnson welcomed all in attendance and reminded the guests of the Member Participation Guidelines. TREASURER’S REPORT Month Ending October 31, 2009: A written report was received, reviewed and accepted. Page 1 of 12 533571250 CONSIDERATION OF MINUTES The minutes of the October 23, 2009, regular meeting were accepted as submitted. PRESIDENT’S REPORT New Attendees: Pat Johnson welcomed new attendees to the Board meeting and requested that each introduce themselves to the community. Following a brief introduction, Mr. Johnson thanked each for coming to the meeting. 2010 Election Committee: A motion was made by Ken Clark and seconded by James Chesser to appoint Frank and Anne Closs as the chairpersons of the 2010 Election Committee. The motion was unanimously approved. Security Briefing: Mr. Johnson stated that the vandalism and theft of community signs and decorations are considered serious actions. Mr. Johnson asked owners to advise kids that are witnessed doing these acts of the serious consequences of their actions. Betty Fisher-Franek asked that if this occurs, please help by detaining the kids until the Sheriff’s Department arrives. Virginia Shackouls requested that a notice be placed in the next CommuniCape to remind owners to register their golf carts at the front gate. 2009 Financial Results: Pat Johnson expressed appreciation to Committees for their outstanding jobs in keeping the 2009 expenses under control. MEMBER PRESENTATIONS None. RESIDENT COMMENTS Pat Gandy complimented Don Craven and the new Maintenance staff member on a job well done. Mr. Graves presented the Board with photographs of hurricane debris still remaining on Beachwood Way and requested that it be picked up and removed. 2010 OPERATING BUDGET Dick Collier reported that with the cooperation of the Committees, they were able to present a barely balanced 2010 Budget, with an expected excess of $2,449. A motion was made by Susan Vaughan and seconded by James Chesser to approve the 2010 budget as submitted. The motion was unanimously approved. 2010 REPLACEMENT FUND Dick Collier reported that the Finance Committee anticipates an $80,000 positive cash flow for year-ending 2009 and recommended moving an excess of $24,500 from Operating to the Replacement Fund to be used in the 2010 Reserve Budget. Page 2 of 12 533571250 A motion was made by Ken Clark and seconded by Melanie McLendon to approve the Committee recommendation to transfer $80,000 of unused 2009 budgeted funds to Replacement Reserves, pending year-end results. After discussion, a motion was made by Peggy Peterson and seconded by James Chesser to amend the motion from $80,000 to $24,500. The motion, as amended, was unanimously approved. PERSONNEL STATUS Pat Johnson recommended that Wayne Gladden’s employment status be changed from probationary employee to permanent employee. A motion was made by Melanie McLendon and seconded by Peggy Peterson to change Wayne Gladden’s employment status from probationary to permanent employee. The motion was unanimously approved. SECURITAS CONTRACT RENEWAL A motion was made by Peggy Peterson and seconded by Ken Clark to renew the Securitas 2010 contract as proposed and recommended by the Gate Committee. The motion was unanimously approved. DRAFT COLLECTION POLICY Pat Johnson reported that the current collection policy was reviewed by Association legal counsel and a draft was submitted that outlines a more aggressive approach to delinquent collections. The draft includes a revision from a three letter to a two letter process before proceeding to legal action. Mr. Johnson recommends changing wording in the draft sections 2.1, 2.2, 2.3 and adding language to suspend common area privileges to delinquent owners. A motion was made by Ken Clark and seconded by Peggy Peterson to accept the rough draft of the policy. The motion was unanimously approved. The recommended changes would be submitted to Roy Hailey for revisions to a final policy for the Board to review upon receipt. STATUS UPDATE-ACCESS EASEMENT TO LOLLIPOP BREAKWATER James Chesser reported that the Board approved the agreement with Mr. Mincks on the relocation of the access easement to the Lollipop breakwater. Mr. Mincks made the required payment and is having a surveyor come to mark the proposed easement location for the Board to review and approve. Mr. Mincks would pay for the survey and all legal documents after the Board approves the location. Mr. Chesser requested that Don Craven prepare and mail the appropriate billing, per the agreement, to Mr. Mincks for the 2010 year. 120 LAKE GROVE DRIVE CONSTRUCTION SITE James Chesser reported that the owner of the property at 120 Lake Grove Drive was previously fined for inactivity of the approved home construction. The owner is defaulting on the loan and the lender will repossess the property. Mr. Chesser recommends that the ACC and Deed Restriction Committees review and come back to the Board in January to make recommendations to the Board for future action. The POA has the right to remove the supplies and structure to return the property to a buildable state; an estimated cost to do so is between $12,000 and $15,000. Mr. Chesser advised the ACC that as no dollar amount for fines and fees was provided in July to the owner, the ACC would need to determine the amount and notify the Page 3 of 12 533571250 owner by letter. Don Craven was advised to send a delinquent letter to the owner after the expiration of the December 31, 2009, deadline. COMMITTEE REPORTS AND ANNOUNCEMENTS Club: A written report was submitted. Mary Shay stated that the Committee would be reviewing and revising rental contracts to include recommended charges for charitable organizations. The revised contracts would be submitted to the Board in January. Wildlife Management: No report was submitted. Don Craven reported that the permit for removal was requested. Pool: No report. Communications: A written report was submitted. Deed Restrictions: Tom Bravenec reported that Don Craven would be doing a report on the number of violations reported and corrected. Mr. Bravenec stated that most people are responding to the first notice sent. Delinquent Fee Collections: Susan Vaughan reported that Tom Bravenec and his Committee started the delinquent collection process, making big headway this year. There have been 34 claims filed with the JP court. Following a meeting with the Judge last week, 5 more judgments were received, for a total of 8. The Committee is working to determine collectible versus uncollectible accounts. Tracy Brown was contracted to help start the process, getting it ready to turn over to on-site staff for future delinquent collections. A full report would be available after year end results are in. The new collection policy will provide a more aggressive means to collect and will result in an on going process for on-site staff. Marina: A written report was submitted. Barbara McDowell stated that the Committee is researching a problem with the sailboat pier. Facilities: A written report was submitted. Roads: No report. Bob Husmann commented that a civil engineer would be met with to survey the roads and offer suggestions to the Committee. Gate: A written report was submitted. Betty Fisher-Franek added that there were 11 incidents in November and that the 2010 stickers had been received. Grounds: Linda Walker reported that the Committee is happy with TruGreen so far. The Committee planted 28 memorial trees with orders for 3 more. Finance Committee: No report. Trailer Storage: A written report was submitted. James Chesser stated that the Ad Hoc Committee appointed to review expansion of the area had not yet completed the study. Page 4 of 12 533571250 Parks & Recreation: A written report was submitted. ACC: No report. Ken Clark stated that the Committee is looking for a few good people. Interested parties should contact Chair Craig Kirk. OTHER REPORTS AMI: A written report was submitted. Community Manager’s Report: Don Craven reported that 2010 Assessments were mailed the beginning of the week. Mr. Craven distributed a written work order report form to the Board for the months September through December 2009. James Chesser asked that a work order be submitted to have the boards on Pier D cut right and nailed down. It was reported that Marina Manager, Carolyn Rogers, would be resigning her position with the POA effective December 31, 2009. Pat Johnson stated that Mrs. Rogers would be greatly missed. Utility District: Virginia Shackouls reported that the lift station at Forest Cove was completed and that standby fees are not yet finalized as they had received several objections. Mrs. Shackouls reminded owners to appropriately prepare their personal property for freezing weather. Cape Royale Boating Association: A written report was submitted. Civic Association: No report. ADDITIONAL BUSINESS None. ADDITIONAL RESIDENT COMMENTS Elgean Shield stated that the Cape Area Volunteer Fire Department had ordered the new rescue boat, a 22-1/2 foot Triton, after having collected about $40,000. Extra funds would be used to purchase sonar equipment for the boat. Mr. Shield thanked the community for all donations. Bob Husmann commented that the Sheriff’s Department could issue tickets to golf carts on the loop, and they should issue tickets to underage children on golf carts. John Hall stated that he would like to see Cape Royale representation on the Taxpayers Association of San Jacinto County. Pat Johnson stated that there would now be Cape Royale representation on the appraisal district board. Page 5 of 12 533571250 Pat Gandy stated that the Coldspring Terrace community has the same problem with golf carts and suggested that Cape Royale needs to have a workshop with the proper people to research and address solutions. Betty Fisher-Franek asked that property owners report all incidents to the gate; if an incident is only reported to Lacy Rogers, the gate is not made aware of it. An owner stated that he is a professional photographer and was stopped by DPS while walking and photographing. He assured owners that if he is seen walking on the road with his camera, he would not take photos of any person or their property without their permission. SCHEDULE NEXT MEETING The next Board meeting is scheduled for Friday, January 22, 2010, at 9:00 a.m. ADJOURNMENT TO EXECUTIVE SESSION On a motion duly made, the meeting was adjourned at 10:55 a.m. to executive session to discuss personnel and legal matters. RECONVENE REGULAR MEETING Following the Executive Session, the regular meeting of the Board of Directors reconvened. No additional residents or property owners were present for the meeting. On a motion duly made, the rate of pay and benefits for Wayne Gladden were approved as submitted. On a motion duly made, the requested 2009 Christmas bonuses for employees were denied. ADJOURNMENT There being no further business the meeting adjourned. Respectfully submitted, _________________________ Secretary ________________________ Date Approved: _________________________ Chairman ________________________ COMMITTEE REPORTS Page 6 of 12 533571250 Communications COMMITTEE REPORT Chairperson:____Pat Hitt____________________ November – December Report The Fall Communicape went out the first week of November and is available on line Betty Fisher has resigned from the Committee. Betty was in charge of putting out the “Snail Mail” Communicape. She has done an excellent job of sending info to people who lack internet access and will be missed. Thanks Betty I am now gathering info for the “Winter” edition. Anyone with info or pics, send to communicape@yahoo.com The plan is to have this out in mid-late January. Thanks to Don for providing updates for the “Info Board” page of the website and the monthly calendar. Check out Don’s creative color work on the December calendar! If you know anyone interested in receiving notices regarding the Communicape or other updates, have them contact communicape@yahoo.com. Facilities Committee report December 8, 2009 Facilities committee members: Singa Shield, Mary Masterson, Richard Masterson 2009 has been a rather slow year for facilities. Our finance committee requested the committees spend as few dollars as possible in an attempt to recover from expenses incurred at our Marina. Hopefully 2010 will see a renewal of cleanup- fix up projects necessary to keep our building in tip top shape. The committee has several big projects planned. Painting will take top billing in 2010. The bathrooms near the swimming pool area will get a facelift with new partitions, a new epoxy floor and trim for the walls. One of the big units (air conditioning) is scheduled for replacement. I would also like to place a new floodlight in the club parking lot. It is a very dark area and we need lighting there. The bathrooms at the marina also need some attention. They are looking rather run down. The swimming pool will need to be repaired also. The concrete cap over the edge of the pool has developed a gap in-between the pool and the cap and will need to be filled in. Facilities Chair: Richard Masterson MARINA COMMITTEE REPORT - 11 December, 2009 Chairperson: Joel McDowell As all know, 2009 was a VERY busy year for the Marina Committee. The following are some highlights for 2009: . Marine Parts Warehouse was selected to repair piers B, D, E, F (sailboat), G and I and construct new replacement piers for A, C and F (Covered). They began the work in December of 2008 and completed the work in May 2009. . D & A Electric was selected for the electrical work. Conduit and fixtures from piers A, C and F were re-used on other piers. . The dock, frame and exterior for the new Marina Store was built by Marine Warehouse. The interior Page 7 of 12 533571250 was built by Hoot Gibson. . Plumbing work for the piers was done by Calvert Plumbing. . New gasoline lines were laid and hookup of the pumps was done by Trinity. . Demolition and salvage of piers A, C and F was completed by Classic Boat Docks. The material was hauled away by Hastings Salvage and ProStar Waste. . This work was done with little interference to the boat owners. Most of the boats were only moved out of their slips temporarily while work was being done nearby. . Boat slip fees were revised so charges are now on a square footage basis of the slip. This basis is similar to the TRA charges for usage of the water for the Marina. . In October, Classic Boat docks re-floated Piers B and D. This work was done earlier than planned to prevent corrosion to the pier frames from being in the water too long. . Pilings were driven beside the narrow launch ramp (w. side) to prevent trailers from slipping off the edge of the ramp. As seen, there were many bids from many contractors that were reviewed by the committee and much work to be organized. There was great cooperation among the committee members to accomplish this work for Cape Royale Marina to be the best on Lake Livingston. Joel McDowell Parks and Recreation Committee Report Information Only: The sports-court workday went very well. We had a good group of volunteers Barbara and Donald Moore, Terry and Carl, Marilyn Collier, three Tennis players, and Cousin Jim on the Tractor. We moved a lot of dirt, back-filled the washout with heavy clay and rocks, cleared debris that was causing uneven runoff on the court, and cleaned the Tennis courts. We have a bulkhead wash-out problem on Royal Greens. Don is getting estimates to get it fixed. It is looking like it will eat the rest of the budget for 2009, but we really need to get that fixed to avoid serious problems. The winter storms have dumped a lot of debris in Royal Greens beach, Ash Park boat ramp, and Kings Point park. We will need to address cleanup in the early spring after the threat of more debris subsides. The Ramp-road at Ash Park is eroded dramatically. We discussed options with the Roads repair crew, but they are out of money for 2009. We will need to make sure we are on the work schedule for the Road Committee in 2010. The erosion of the road has dumped a great deal of dirt into the boat ramp which we will need to have removed. Part of our work crew from the sports court day came down and helped move some discarded cement into the largest ruts in an effort to slow down the erosion. Page 8 of 12 533571250 In early 2010, we will need to get bids from exterminators to treat the Tennis courts for ants. It has been suggested that a complete under slab treatment like that used for termites should do a better job of controlling the ants than surface treatment. Respectfully Submitted, Rick and Debbie Stuart FACILITIES COMMITTEE REPORT Facilities Committee members: Masterson Singa Shield, Mary Masterson, Richard 2009 has been a rather slow year for Facilities. Our Finance Committee requested the Committees spend as few dollars as possible in an attempt to recover from expenses incurred at our Marina. Hopefully 2010 will see a renewal of cleanup- fix up projects necessary to keep our buildings in tip-top shape. The Committee has several big projects planned. Painting will take top billing in 2010. The bathrooms near the swimming pool area will get a facelift with new partitions, a new epoxy floor and trim for the walls. One of the big units (air conditioning) is scheduled for replacement. I would also like to place a new floodlight in the Club parking lot. It is a very dark area and we need lighting there. The bathrooms at the marina also need some attention. They are looking rather run down. The swimming pool will need to be repaired also. The concrete cap over the edge of the pool has developed a gap in-between the pool and the cap and will need to be filled in. Facilities Chair: Richard Masterson CLUB REPORT Since our last meeting, we rented the Cape Club twice to residents for weddings. In late November, the Civic Association decorated the Club and put up the Christmas tree. In December the CRCA hosted a Christmas party in the Club. The Civic Room was used by the LGA for a meeting and the Club for their Christmas Party. The Civic Room was also used for its usual meetings, bingo, bridge and Mahjongg. This last month I had to call an electrician to replace a ceiling light fixture. Wolf Creek Air Conditioning had to be called to fix the bar cooler. They found a leak so repaired that and replaced the Freon. Everything else seems to be working well. We have ordered new partitions for the outside bathrooms. Wayne will take out the old partitions, scrape and sand the floor, paint with marine epoxy paint and then reinstall the new partitions. Good facelift for the outside bathrooms. As soon as possible I will call a meeting of my Committee. There seems to be some questions about rentals. I will report on the results of that meeting next month. Mary Shay, Chair Club Committee Page 9 of 12 533571250 REPORT OF THE TRAILER STORAGE COMMITTEE The members of the committee are John Incerta, Chairman. James Chesser is the committee’s liaison to the Board of Directors. The Committee meets as needed. The Committee can report that there are 23 people on the waiting list for storage spaces at this time. I am waiting to hear if I can expand. Each owner of a trailer assigned a space in the storage lot must put his or her name on the trailer so that we know whom to contact regarding the trailer. You signed a contract and agreed to do this, if you do not comply you will be subject to loose your spot. Read your contract. Just a reminder, Trailer Storage FEES are due upon receipt in January, if your fees are not in 30 days from that date; YOU WILL LOOSE YOUR SPOT NO EXCEPTIONS!!! Respectfully submitted, John Incerta Chairman Trailer storage 936-653-8931 Page 10 of 12 533571250 CRBA Members, Just a quick note to get a few things out to the group since the November CRBA Annual meeting. Thank You 2009 Board: A big thank you for the 2009 Board members and those in leadership positions - Dennis Raymond, Sissy and Lynn Watkins, Peter Hegedus, Richard Masterson, David Green, Del Williams, Brent and Debra Clifton, David Garcia, Paul Hoffman, and Bobby Hughes. Here are the new officers for 2010: Commodore – Jim Kincaid Vice Commodore – Dick Hoffman Rear Commodore Sailing – Danny Rose Rear Commodore Power Boating – David Green Past Commodore – Paul Hoffman Secretary – Susan Stapp Treasurer – David Stapp Page 11 of 12 533571250 Board of Governors - Del Williams, David Garcia, Richard Masterson Publicity Committee – Bobby Hughes Fog Horn Editor – Debbie Clifton Web Master - Brent Clifton CRBA Web Site- http://www.crba-livingston.com/ will be updated soon with contact information Upcoming Activities: Jan. 1 - New Years Day -Revognah: A sailing event. Danny Rose, Rear Commodore Sailing, will be getting information out on this event soon. This is always a fun event for the whole family - chasing and collecting as many balloons as possible on the lake. This is followed by .... what else but prizes, fellowship, food, and continued new years celebration! Jan. 16 - CRBA Board meeting. Jan. 23 - Annual Commodore Banquet - 6pm in the Cape Royale Club Banquet Room. Join us for an evening of food, music, fun, and fellowship with friends along with the installation of the new officers. Invitations will be mailed out in early Jan. Invite your friends and neighbors that might want to be part of CRBA. Wishing each of you a Merry Christmas and a Happy New Year, Jim Kincaid CRBA Commodore Page 12 of 12 533571250