Meeting of the Summerplace Improvement Association
Board of Directors
November 16, 2013
The newly elected SIA, Inc. Board of Directors met at the home of David Courage following the annual meeting on November 16, 2013. Present were Mary Beasman, Walter Garrard, Bart Heikes, Chuck Pickard, and Dave Wolfram and Martha Powers, following her appointment to the Board.
The purpose of the meeting was to elect Board officers for the coming year. After a brief discussion, Dave Wolfram suggested the current officers of the Board continue to serve for the upcoming year. A vote was taken to retain Walter Garrard as President and Bart Heikes as Vice-President of the SIA Board of Directors.
The Board discussed the importance of increasing community participation on the Board. It was agreed to accomplish this by expanding the Board to include the SIA member who had received the next highest number of ballot votes among the candidates for the Board of Directors. Based on this, Martha Powers was appointed to serve on the Board for 2014 and upon accepting this appointment, joined the Board for the remainder of the meeting.
Bart informed the Board that earlier this month following receipt of the annual mailing, an SIA property owner contacted him to request a reduction in their annual assessment. This request was based on the property owner’s contention that the house on the property was built in the middle of an “oversized lot, “not a double lot which the assessment was based on in all previous years.
Walter indicated as originally platted, the lot in question is a double lot. He noted SIA, Inc. governing documents prohibit any change from the original number of 74 lots platted in Summerplace. This prevents any adjustment to annual assessments, which as established in the governing documents, is assessed per lot, not per property owner.
When increasing the annual assessment, the Board discussed the option of offering property owners, on as-needed basis, the opportunity to pay this year’s assessment in two equal payments. The Board agreed Walter would follow-up with the property owner regarding this. If the property owner takes advantage of this payment option, Walter will confirm this in writing to the property owner, copying Sue Harvey as SIA Treasurer.
With no further business, the meeting was adjourned.
Respectfully submitted
Mary Beasman, Secretary
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SUMMERPLACE IMPROVEMENT ASSOCIATION, INC
Minutes of Annual Meeting
November 16, 2013
The annual meeting of the Summerplace Improvement Association, Inc. was held at 10:00 a.m. on Saturday, November 16, 2013 at the home of David Courage.
The meeting was called to order by SIA, Inc. President Walter Garrard who welcomed those present.
Calling of the Roll
Secretary Mary Beasman called the roll and announced a quorum to be present either in person or by proxy and certified all proxies for voting. Proof of Notice was presented to President Walter Garrard.
A motion was made, seconded and passed unanimously to approve all minutes since the last annual meeting.
Walter welcomed new SIA members: Bob and Trish Acevedo, Mark and Marti Caskey, Barbara Collar, Craig and Terry Colligan, Beth Darragh, Andy and Bobbi Dietrich, Steve and Donna Klubes and Bob and Billie Thompson.
Walter recognized and thanked SIA Board members Mary Beasman, Bart Heikes, Chuck Pickard, Dave Wolfram and Treasurer Sue Harvey for their time and commitment to our community.
Summerplace Sewer Feasibility Study: Walter noted that David Cox of David Cox Consulting, LLC, Representing Indian River County Utilities, had requested the opportunity to make a presentation at the annual meeting regarding the feasibility study to add Summerplace to the County’s sewer system. However, the study has not yet been completed. It is anticipated that the study will be completed within the month and the County will hold a public presentation to report the findings.
There were numerous questions about the County installing sewer lines in our Summerplace community. Because the SIA roads are privately owned by the SIA, it appears that unless the County gets a writ of Eminent Domain they must get approval from the SIA membership approval to put in sewer lines.
Following the discussion, the membership unanimously voted that the Board could not decide the issue of sewer lines in our association and that a decision concerning sewers must be put to a vote of the entire SIA membership.
Treasurer’s Report
Treasurer Sue Harvey summarized the SIA financial statements distributed with the annual mailing. She noted Walter had made a loan to carry SIA through the end of the fiscal year when 2014 SIA annual dues would begin to be received. Sue noted 23 members had paid their annual dues to date, enabling SIA to repay Walter.
Discussion followed regarding the expenses incurred that required the loan. Walter advised he would address this in detail in his President’s Report.
At the conclusion of the discussion, a motion was made and seconded to accept financial statement. This motion was approved by a voice vote of the members present with a single nay vote.
President’s Report
Walter expressed appreciation to the following members who gave time and effort to Summerplace during the last year:
• Dave Courage who has been a right hand to Walter regarding the responsibilities of the office of SIA President and for his work with the Maintenance Committee on the upkeep of our community common property areas and roads.
• Phil and Carol Glades who are a font of knowledge on our governing documents and once again, helped organized and prepared the annual meeting mailing, hand delivering this material to full-time residents in Summerplace. In addition, Walter recognized Carol for her service on the Nominating Committee and Phil for his work with the Maintenance Committee.
• Bart Heikes for his work with the Maintenance Committee on our common landscaping and private roads.
• Tammy Lowe for the colorful beach signs discouraging littering on our beach and Ron Lowe for his work with the Maintenance Committee.
• Frank Mannino, Chair of the By-Laws Committee, who handled the process of reviving the SIA, Inc. Special thanks and gratitude to Frank for managing the extensive paperwork and forms and for working with the state on behalf of SIA, Inc. to complete this process required by state statute.
• Lil Miller-Fox for her service as Chair of the Nominating Committee and for serving on the Architectural Review Committee, as well as posting board meeting minutes on the SIA website and maintaining the site on behalf of SIA. (Website address: SummerplaceFLorida.com).
• Chuck Pickard for his service as Chair of the Maintenance Committee and his ongoing attention to the maintenance of Summerplace common property, including our roads.
Walter extended gratitude and appreciation to all those who help with the business of SIA. He noted that because of this, Summerplace is unique among Indian River County HOAs with private roads maintaining our community with annual dues under $1,000.
2013 Update
Annual dues: Walter advised the increase in the SIA annual membership dues from $250 to $600 per Summerplace lot is based on the following:
– Increasing costs for basic road maintenance and the trimming and upkeep of landscaping in common areas, all of which has been cutback in the past 2-3 years due to lack of funding.
– The Board’s decision to establish a contingency fund to help lessen assessments for future road repairs and repair of storm damage to SIA beach stairs and dune crossovers.
– To meet legal costs incurred to defend the Association’s common properties from misuse and encroachments, as well as to protect the property value of each SIA member and preserve the quality of life that we enjoy in our community.
Discussion followed in which several long-time members of SIA, Inc. stated the annual budget has been underfunded for decades. It was noted the increase dues to $600 annually per Summerplace lot works out to $50 per month.
•Legal Issues: Walter informed the members present that the property owner at 1802 E. Barefoot Place had demanded a mandatory mediation with the SIA Board of Directors in regard to the property owner’s contention that SIA members who access the beach via the SIA Barefoot beach pathway, the dune crossover and stairs, invade his privacy by using them for anything other than walking through to the beach or returning. Congregating, sitting on the benches, reading, or standing to observe the sky or the beach are not allowed according to this owner. Following the mediation on September 4, 2013, the property owner declared the mediation an impasse.
Subsequently, the property owner has demanded a second mediation to address his assertion that the E. Barefoot Place roadway does not built as deede. In addition, the property owner is stipulating removal of the cul-de-sac island at the end of the E. Barefoot Place based on his claim that the cul-de-sac impedes egress and ingress to and from his property. Further, the property owner is demanding the removal of the SIA signs at the A-1-A end of said roadway, based on the argument that the signs similarly obstruct his entering and exiting the roadway. This second mediation will take place next month.
In answer to questions regarding the mediation process, Walter explained Florida state statute requires mandatory participation in mediation. Further, the state requires details of the mediation be kept confidential by the participants.
Following discussion, a motion was made and seconded supporting the SIA, Inc. Board’s handling of the issues with the property owner at 1802 E. Barefoot Place. The motion was passed unanimously by a voice vote of members in attendance.
In addition, a second motion was made and seconded stating the SIA membership is on record regarding the importance of defending our governing documents, ARC guidelines, deed restrictions and warranty deeds. This motion also was passed unanimously by a voice vote of members in attendance.
•SIA Committees: Walter announced there are several openings on SIA committees and encouraged members interested in serving on one of these committees to contact him.
–Architectural Review Committee: Walter listed the following Summerplace construction projects that were completed during 2013:
– Mark and Marti Caskey at 1880 E. Barefoot Place: restored the balcony and exterior painted
– Craig and Terri Colligen at 1930 W. Shell Lane: new roof and interior renovations, with plans for exterior improvements including new windows and replacing the existing wood with hardy board
– Andy and Bobbi Dietrich at 1801 E. Barefoot Place: restored balcony and exterior painted
– Michael and Sandra Flax at 1801 E. Shell Lane: extensive exterior repairs including new roof and siding, with interior renovations underway
– Roger and Sue Harvey at 1880 E. Pebble Path: construction of a new home
– Bob and Julia Jaffe at 1802 E. Barefoot Place: extensive interior and exterior projects on-going.
– John and Kathy Lehnhardt at 1991 W. Barefoot Place: addition of a new master suite
– Matt and Corine Quickel at 1980 W. Barefoot Place: added pool, deck and fencing to the yard.
– Matt and Corine Quickel at 1920 W. Shell Lane: complete exterior and interior renovations to save the original cottage.
– Bob and Billie Thompson at 1961 W. Barefoot Place: Interior renovations, new windows and new roof
Several concerns were expressed regarding construction vehicles blocking roadways and driveways. Walter advised calling the sheriff or Board members.
–Maintenance Committee: Committee Chair Chuck Pickard reported on the following major projects:
– The yearly cutting and trimming along the SIA roads and cul-de-sacs was recently completed.
– The roads were bladed this year instead of having shell added due to lack of funding for this. In general the roads are in good shape with only a couple of areas still requiring some work.
– All bolts were tightened on the three SIA beach stairways with kickers and braces added to all the stairways for extra protection from storm damage.
– The Barefoot stairway lost approximately 3 inches of sand and the stairs at Shell lost 5 inches of sand during the recent storms. Chuck recommended waiting several weeks before adding steps to these stairways to see if the sand returns.
–Nominating Committee: Walter advised that going forward the SIA Nominating Committee will remain in place throughout the year. This will allow the committee additional time for discussion with those interested in becoming candidates for the SIA Board of Directors. SIA members wishing more information on the nominating process and/or serving on the Board should contact Nominating Committee Chair Lil Miller-Fox.
New Business
• Discussion of legal assessment: A general discussion was held on how best to provide SIA, Inc. members with information regarding possible future assessments for legal purposed. Options including calling a special membership meeting to discuss and approve any proposed legal assessment or sending a mailing to the membership with the details of the necessary assessment for members to vote on the assessment by mail.
A motion was made and seconded giving the Board membership approval to make assessments for legal purposes. This motion was passed in a voice vote of the members present with two nay votes.
• Discussion of beach and assessments: Those present agreed that a special assessment was not necessary at this time based on the Board’s decision to establish a contingency fund to help lessen assessments for future road repairs and repair of storm damage to SIA beach stairs and dune crossovers, a special assessment for was not necessary at this time.
• Ballot Count: A ballot count was conducted and the following SIA Board Directors were elected for 2014: Mary Beasman, Walter Garrard, Bart Heikes, Chuck Pickard and Dave Wolfram.
With no further new business, the meeting adjourned at 12:10 p.m.
Respectfully submitted,
Mary Beasman, Secretary
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SUMMERPLACE IMPROVEMENT ASSOCIATION, INC
Board Meeting
September 13, 2013
Attending
Board President Walter Garrard, Vice-President Bart Heikes, Directors Mary Beasman, Chuck Pickard and Dave Wolfram.
SIA members Dave Courage, Patty Garrard, Carol and Phil Glades, Tammy Lowe, Lil Miller-Fox, Diane Wolfram
A meeting of the Summerplace Improvement Association, Inc. Board was held on September 13, 2013 at the home of SIA Board President Walter Garrard who called the meeting to order at 2:05 p.m.
Secretary’s Report
The minutes of the May 17, 2013 SIA Board meeting were approved unanimously.
Maintenance Report
Maintenance Chair Chuck Pickard noted that while the SIA streets are in fairly good shape, the heavy rain earlier in the week has caused some erosion. Further discussion of the roads was deferred to discussion of the 2014 SIA Budget.
President’s Report
1. President Walter advised that the County would be conducting an elevation study throughout Summerplace and surrounding area in an initial study regarding the possibility of installing sewers in the future.
David Cox of David Cox Consulting, LLC. Representing Indian River County Utilities, has contacted Walter and requested the opportunity to make a presentation to the SIA membership regarding the County’s sewer study and the different types of sewers being considered.
If a County sewer system is installed, hook-up to the sewer system would be the responsibility of individual home owners based on the following:
a. New construction would require hook-up to the County sewers system
b. Existing homes with septic tanks in good order would have the option to hook-up to the sewers.
c. Homes with compromised septic systems would be required to connect to the County sewer system.
In the discussion that followed, concern was expressed about the old water lines throughout Summerplace and the possible damage that construction of sewers would cause to these water lines. The question was raised regarding the County’s responsibility to repair any damage to the water lines that could result during future construction of a sewer system. Or who would be responsible if construction of sewers required replacing the old water lines all together
In addition, it was noted that previously, it was necessary for an HOA community to receive 51% approval of its members before an HOA could be required to link into a County sewer system. It is not clear whether a majority vote of an HOA membership is still needed in order for the County to require an HOA community to use the sewer system.
2. Walter noted that over the last several months properties within SIA are being purchased as soon as they come on the market. These recent real estate transactions include:
a. Acevedo, Bob and Trish 1800 E. Shell Lane
b. Colligan, Craig and Terri 1930 W. Shell lane
c. Darragh, Beth 1881 E. Barefoot Place
d. Dietrich, Andy and Bobbi 1801 E. Barefoot Place
e. Klubes, Steve and Donna 1990 W. Barefoot Place (Lot)
f. Lowes, Ron and Tammy 1940 W. Barefoot Place (Lot)
g. Quickel, Matt and Corrine 1920 W. Shell Lane
h. Thompson, Bob and Billie 1961 W. Barefoot Place
i. Worthy, Peter and Patricia 1941, W. Barefoot Place (Lot)
3. Action Items:
a. Nominating Committee: As SIA president, Walter will appoint a nominating committee to submit a slate of SIA Board candidates for the 2014 SIA Board. This slate will be presented to the membership for consideration in the annual mailing.
Traditionally the SIA Nominating Committee has met each fall to nominate a slate of candidates for the SIA Board. It was suggested that it would be helpful for the Nominating Committee to have more time to recommend a slate of candidates. Those present agreed and it was decided that the Nominating Committee would be appointed following the annual meeting each year, allowing them to begin the nomination process earlier.
b. Annual Meeting Mailing: The Board reviewed the documents that comprise the annual mailing. These include the agenda for the meeting, the 2013 financial report, the 2014 SIA budget, the election ballot, voting certificate and proxy. In addition, the mailing will include a copy of 2014 SIA rules and a renter registration form.
Customarily, the annual meeting mailing is sent 30 days in advance before the annual meeting to make sure all the out of town members have plenty of notice to attend or return proxies and voting info. This year, the annual meeting mailing will be mailed on October 10, 2013 to allow ample time for all SIA members to receive this by October 16, 2013.
c. Date of the 2013 Annual Meeting of SIA, Inc: The 2013 Annual Meeting of the SIA is scheduled for Saturday, November 16, 2013. Thanks to Dave Courage, the annual meeting will once again take place at his home, 1820 E. Barefoot Place, beginning at 10:00 a.m. Members are reminded to bring chairs to provide seating at the meeting.
d. Discussion of the 2014 SIA Budget: The Board held a lengthy discussion regarding the 2013 SIA budget, anticipated SIA expenses in 2014 and the 2014 SIA dues structure. Several SIA members present expressed concern that road and ground maintenance had been reduced both this year and last. As a result, on-going maintenance of SIA roads and common property needs to be addressed. The Board listened to several suggestions of what could be accomplished within the current budget year to deal with these issues. As a result, it was agreed to go ahead with annual trimming on SIA common properties. Shell will be add to the roads in 2014.
Further discussion focused on establishing a contingency fund for unanticipated expenses. Various SIA members who attended the meeting voiced support of establishing a contingency fund, noting the president had made a loan to SIA to help cover expenses through the remainder of this budget year.
In addition, several members noted that current SIA dues of $250 have remained unrealistically low for years. With even basic expenses increasing and pending capital repairs for both major road and fencing, there was a general consensus that SIA dues have not kept pace with rising costs.
The Board reviewed various options for increasing SIA dues for 2014 and following discussion unanimously approved dues of $600 for a single lot, the equivalent of $50 per month. 2014 dues for lots that are 1.5 in size would be $900 and dues for double lots would increase to $1,200.
With no further business, the meeting adjourned at 4:35 p.m.
Respectfully submitted,
Mary Beasman, Secretary
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SUMMERPLACE IMPROVEMENT ASSOCIATION, INC
Board Meeting
May 17, 2013
Attending
Board President Walter Garrard, Vice-President Bart Heikes, Directors Mary Beasman, Chuck Pickard and Dave Wolfram.
SIA members Dave Courage, Patty Garrard, Carol and Phil Glades, Peter Hand, James and Janyne Kenworthy, Tammy Lowe, Lil Miller-Fox
A meeting of the Summerplace Improvement Association, Inc. Board was held on Friday, May 17, 2013 at the home of SIA Board President Walter Garrard who called the meeting to order at 10:30 a.m, following the Board’s interview with Craig and Terry Colligan who are purchasing the cottage at 1930 West Shell Lane.
Secretary’s Report
The minutes of the December 12, 2012, SIA Board meeting were approved unanimously.
Treasurer’s Report
Treasurer Sue Harvey was unable to attend the meeting and in her absence, President Walter Garrard presented the Treasurer’s Report as follows:
• Marine Bank Cash Balance $9,354.12 ($1,500 of this is road deposits)
• There are five SIA dues or assessments which are either outstanding or require confirmation of payment. Sue will discuss additional follow-up on these accounts with Walter.
Walter reviewed anticipated SIA expenses through the remainder of this fiscal year. These include:
• $250 for monthly landscaping along Summerplace roads and swales.
• $200 monthly payment to attorney Sandra Rennick for legal fees incurred last year.
• $1500 for annual cutting and maintenance of trees
Maintenance Report
Maintenance Committee Chair Chuck Picard reported on the following maintenance issues:
1. He and Dave Courage have reviewed the condition of the SIA’s five streets. They advise there are areas of significant road erosion on East Shell Lane and East Barefoot Place as the result of rain runoff. Dave noted the former roadwork was not done to specifications which would have prevented these problems.
In addition, Dave indicated a major pond forms at the end of the West Barefoot Place cul de sac following rainstorms. Tammy Lowe suggested with the current construction at that end of West Barefoot Place, it may be best to hold off on filling this section of the street to build up the area and prevent water from ponding.
Following discussion of the road damage, Chuck and Dave recommended addressing these road issues before the rainy season causes further problems with our streets. They have sought the advice of another contractor on the work necessary to correct these road conditions and requested a bid for this work. Once received, the price to accomplish these road repairs will be sent to the Board for consideration.
2. Chuck contacted the County regarding the street signs missing from the entrances of both East and West Shell Lane. He will advise on the follow-up from the County regarding these missing signs.
3. Chuck reported he talked with Indian River County Director of Public Works Chris Mora, regarding the north intersection of A-1-A and Route 512. This intersection, often busy with cars, pedestrians, as well as those biking along A-1-A, lacks traffic guidelines to help direct cars turning north onto A-1-A from Route 512. Mr. Mora referred Chuck to the state road department where he was advised that guidelines would be added to provide an additional measure of safety to the intersection.
4. Walter inquired about a break in a section of the HOA fence on the cul de sac end West Barefoot Place, possibly due to recent construction. Chuck will follow-up on this.
President’s Report
New SIA members: Walter reported four homes have sold in Summerplace since the beginning of the year. The following are new SIA members:
• Mr. and Mrs. Craig Colligan(Terry)
1930 West Shell Lane
• Mr. and Mrs. Mark D. Caskey (Marti)
1880 East Barefoot Place
• Barbara Collar
1950 Shell Lane
In addition, Peter and Trish Worthy are purchasing the lot next to their home at 1921 West Barefoot Place.
Follow-up to Statutory Document Request: On March 21, 2013, Robert Jaffe, property owner at 1802 East Barefoot Place, requested copies of SIA, Inc. records pursuant to Florida statute720.303. Available SIA documents and records were provided to Mr. Jaffe on April 11, 2013. Walter reported that Mr. Jaffe subsequently asked for additional records and documents, with the most recent request being for the SIA documents and emails relative to the process to revive the Declaration of Restrictions of the Association. Walter sent Mr. Jaffe emails from Frank Mannino regarding this.
Barefoot Place Beach Access: An email letter from Mr. Jaffe to Mrs. Williams regarding the easement for the Barefoot Place access stairs was introduced. The Board authorized necessary legal action to protect the Association’s interests.
Action Items:
1. Architectural Review Committee Vacancy: Walter asked for suggestions of candidates to fill a vacancy on the ARC. Roger Harvey and Matt Quickel were recommended as knowledgeable and qualified to serve on the ARC.
2. Budget Discussion: Walter indicated there are several upcoming expenses that will impact the 2014 budget, including removing a large Australian pine in the cul de sac on East Shell Lane and adding new shell to each of the five SIA streets. The Board will meet at a later date to review the major budget items for next year and discuss how best to address these.
Unfinished Business
Chuck Picard requested the SIA, Inc. membership list be updated and distributed. Sue Harvey will be asked to handle this task.
New Business
Bart Heikes recognized and thanked Tammy Lowe for the attractive signs she painted and posted on the SIA beach access stairs, encouraging those enjoying the beach to help keep it clean by taking any trash with them when they leave.
With no further business, the meeting adjourned at 11:45 a.m.
Respectfully submitted,
Mary Beasman, Secretary
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SUMMERPLACE IMPROVEMENT ASSOCIATION, INC
Board Meeting
March 4, 2013
Summerplace Improvement Association, Inc. President Walter Garrard conducted an emergency meeting of the SIA Inc. Board of Directors by phone on the evening of March 4, 2013. The purpose of this meeting was to secure Board approval for the Easement and Agreement granted from Ione Williams, property owner at 1801 East Barefoot Place, to the Summerplace Improvement Association, Inc.
Through this Easement and Agreement, Mrs. Williams will grant Summerplace, Inc. use of a six (6) foot parcel of land, extending 24 feet South parallel to the seawall from the current SIA, Inc. Barefoot Place six (6) foot wide walkway and dune crossover to the beach. This Easement is granted to SIA, Inc. in perpetuity for the use of the residents of Summerplace, their tenants, guests and invitees.
The SIA Board unanimously approved the Easement and Agreement at 7:15 p.m.
On behalf of Summerplace, Inc. members of the Board expressed heartfelt appreciation to Mrs. Williams for her thoughtful generosity and kindness that will benefit residents of Summerplace today, as well as all future generations of residents in our community.
Respectfully submitted,
Mary Beasman, Secretary SIA, Inc.