Summerplace Improvement Association, Inc.
PO Box 700160, Wabasso, FL 32970-0160

MINUTES 2012

Home MINUTES 2012

SUMMERPLACE IMPROVEMENT ASSOCIATION, INC
Board Meeting
December 10, 2012
Minutes

Attending
Board President Walter Garrard, Vice-President Bart Heikes, Directors Mary Beasman and Chuck Pickard and SIA members Jean and Frank Etzel, Lil Miller-Fox, Carol and Phil Glades, Marianne and Frank Mannino, Bill Powers and Dave Wolfram.
A meeting of the Summerplace Improvement Association, Inc. Board was held on Monday, December 10, 2012 at the home of SIA Board President Walter Garrard who called the meeting to order at 4:00 p.m.
Secretary’s Report
Secretary Mary Beasman called the roll of the Board. She advised the minutes of the SIA annual meeting held on November 17, 2012 would be available shortly and requested assistance from Lil Miller-Fox in reviewing the directions to access the Summerplace website which members had asked be included with these minutes.
Treasurer’s Report
Treasurer Janyne Kenworthy was unable to attend the meeting and in her absence, President Walter Garrard presented the Treasurer’s Report as follows:
To date, 37 SIA membership annual dues payments have been received along with 18 assessment payments for repair of the damage caused by Hurricane Sandy to the three Summerplace dune crossovers and stairs.
A payment of $1,500 has been made toward the $3,000 cost of replacing the East Pebble Path dune crossover and stairs which were swept away by the hurricane.
A bill of $3,465 remains outstanding for legal counsel pertaining to the encroachments into the SIA common property and right of way by the property owner at 1801 East Shell Lane. Unfortunately, the Board was forced to retain counsel due to the threat of litigation and the serving of a subpoena in this situation between the property owner and the County. This bill will be paid in small monthly payments beginning after the first of the year. The Board will try to negotiate a discounted settlement amount during 2013.
Walter informed the Board that Janyne Kenworthy has resigned as Treasurer. The Board recognized Janyne and gratefully acknowledged her 17 years of service to SIA. In the next few weeks, Jayne will work with Sue Harvey, who has accepted the position of Treasurer. Sue has over 25 years in accounting and financial management. Most recently Sue was Controller of Indian River Habitat for Humanity before moving to the Boys and Girls Club of IRC where she is currently employed as Controller. Sue and her husband Roger have lived in Vero Beach since 2004 and are Summerplace property owners of 1880 East Pebble Path, where they will begin construction on their home in early 2013.

Maintenance Report
Maintenance Chair Chuck Pickard reported that pepper trees had been cleared along the fence adjacent to the Quickel property on East Barefoot Place. Chuck will follow-up on the large pile of debris from this work that has yet to be picked up. He noted that yard waste is required to be cut into 4-foot lengths for Wednesday pick-up and with a major amount of yard waste, it is best to set it out for pick-up over several weeks.
Phil Glades requested that members of the Maintenance Committee look into the continuing water leak outside the Lauer property on East Pebble Path. He expressed concern this could be a percolation problem as the septic tank on the property is located in the area where there is water seepage.
President’s Report
Walter advised that the court reporter mailed her report last Friday, December 7, 2012. This report records, verifies and certifies the membership vote at the SIA annual meeting on November 17, 2012, approving existing SIA by-laws and covenants as required per state statute. Pending receipt of the report, members of the SIA By-Laws Committee will send the report and documents to the State of Florida Department of Community Affairs for approval. Then the revived SIA by-laws and covenants must be recorded in Indian River County.
The by-laws committee will initiate the review of existing SIA by-laws and covenants as required every 30-years by state statute. Review of the documents will include updating as necessary to concur with state statues and federal law.
Walter reported that, together with Dave Courage and Chuck Pickard, he attended a meeting of the Sebastian Inlet Commission last week and spoke with Indian River County Coastal Engineer James Gray. Mr. Gray indicated that dune restoration due to damage caused by Hurricane Sandy was currently planned for north of Summerplace within 2 miles of Sebastian Inlet. Additionally, some dune restoration will be done at Wabasso Beach, including replacement of sand washed away by the storm when sea water swept behind the seawall at 1801 E. Shell Lane.
Mr. Gray advised that during the construction of the seawall in 1996, the county conducted a survey of all beachfront properties. Based on this survey, the county set an erosion control line designating individual beachfront property limits extending east between 50-70 feet, depending on the property. However, Mr. Gray stated this does not permit beachfront property owners to build anything other than tear-away stairs by FDEP permit in this area; nor can individual beachfront property owners restrict the public from the 50-70 foot section of the beach in front of their property.
Action Items
SIA Board Vacancy: Walter announced that James Kenworthy has resigned from the Board. Chuck suggested that it was advisable to maintain a geographical balance on the Board and appoint someone from the East side of Summerplace to serve out James’ term. The Board concurred with this. Following discussion, Bart Heikes made a motion to appoint David Wolfram of East Shell Lane to the Board. Chuck seconded the motion which was approved by a unanimous vote of the Board and Walter welcomed Dave to the Board.

Architectural Review Committee Vacancy: Walter suggested that Tim Lauer of East Pebble Path be appointed to replace him as a member of the ARC. A motion to appoint Tim to the ARC was made by Bart and seconded by Dave and approved by a unanimous vote of the Board. As President, Walter will appoint the chair of the committee.
Beach Access Stair Replacement: Walter met with the contractor for the three Summerplace beach access areas and provided the following information regarding the repair and replacement necessary due to the damage caused by Hurricane Sandy:
East Shell Lane: Several stairs are gone from this beach access and the remaining stairs are twisted. Repair can be accomplished using salvage wood, but the hardware has to be replaced as the current hardware is not stainless. Walter advised the cost to accomplish this would be $2,500 which was the original bid from the contractor. Concern was expressed that this beach access, as well as the one on East Barefoot Place had been further compromised following Hurricane Sandy by an employee of the contractor who loosened the bolts on these structures. However, it was determined the recent strong winds and excessively rough surf on-going for over two weeks were the primary factors in causing the additional damage to these structures. Frank Etzel requested that the warning tape be kept on the East Shell Lane beach access to prevent the possibility of liability if there was an accident by someone trying to use the stairs.

East Pebble Path: Walter reminded the Board that $1,500 of the total $3,000 has already been allotted for the replacement of this beach access which will be the same design as the dune crossing and stairs that were swept away. Phil Glades noted materials have been on site and asked why construction had not started as the contract had been approved for the East Pebble Path beach access. A start date of November 19, 2012 was announced at the annual meeting and Phil stressed the importance of having the beach access completed within the next two weeks. Chuck explained it has not been possible to work on the beach due to the combination of rough surf for over two weeks and the recent excessively high tides with the full moon.
Phil and Carol have researched retractable aluminum stairs as an alternative to future repair or replacement of our wooden beach stairs. Retractable aluminum stairs from Alumindock do not require any beach pilings and attach to a cantilevered wooden dune crossing off of the beach access. Estimated total cost would be approximately $4,000 with stairs, cantilevered crossing, and lifting gallows, with an additional charge of $550 for shipping. Carol will research whether there is a local fabricator who manufactures these at a lower cost.
Chuck suggested retractable aluminum stairs were an attractive option for the future. However, in addition to the cost, it would have to be determined where the stairs could be retracted at each beach access. This would require a permanent legal easement to raise the stairs on property owned by individuals. The consensus was the current wooden dune crossovers and stairs needed to be repaired or replaced as soon as possible, but it would be worthwhile to pursue the possibility of replacing these with retractable aluminum stairs as necessary in the future.

East Barefoot Place: Walter reported that the property owner at 1802 East Barefoot Place remains concerned about the community use of the dune crossover and stairs adjacent to his property. The owner continues to claim the 6 feet of HOA beach access is designated only for passage to the beach and that the dune crossover and benches at the end of the East Barefoot Place beach access should not be part of this access and, therefore, the dune crossover should not be replaced. In an email to Walter, the owner insisted his privacy is invaded by those who lounge, talk or use cell phones on the dune crossover and stated the dune crossover should be removed to prevent community members from sitting or standing there.
The owner has proposed that he is willing to bear the expense of constructing new stairs to the beach at the end of East Barefoot Place with a crossover deck below the level of the seawall.

After discussion, Chuck made a motion that SIA, Inc. proceed with the planned repair of the East Barefoot Place beach access, keeping the dune crossover at the seawall level, but angling it to avoid any encroachment onto the property at 1802 East Barefoot Place, while still allowing for easy access to and from the beach. The motion was seconded and passed unanimously.
Walter indicated the repair to the East Barefoot Place beach access would cost $1,500 based on using salvage materials except for possibly one piling that would have to be replaced. Permits have been issued for all three beach accesses and following the meeting, Walter will call the contractor to have work proceed immediately beginning with East Pebble Path, then, East Barefoot Place and East Shell Lane. Pending any problems with construction or the weather, each beach access will require 4-6 days to complete.
The discussion moved onto a situation last summer when teenagers from outside of Summerplace illegally built a crude structure on the beach in front of 1802 East Barefoot Place. Additionally, they parked their cars on East Barefoot Place and used the beach stairs to get to and from the beach and the dune crossover for gathering and partying. None of this is permitted and residents of East Barefoot Place called the sheriff who dealt with the teenagers and the structure was torn down.
Walter will advise the property owner at 1802 East Barefoot Place that this situation was out of the ordinary in Summerplace and is not apt to occur again. Should anything similar happen in the future, the sheriff should be called immediately to take care of the situation.
Unfinished Business
Chuck reported that the bank has subcontracted the clean-up of the Tabor house and property on West Shell Lane.
Walter is working with Wells Fargo to secure the annual dues and interest of approximately $708 owed on the Bierman Property on East Barefoot Place. Bart noted the house is now on the market for $369,000.
New Business
Walter advised work has started on the repair of the seawall and will include removal of the graffiti. This project should be completed in 4-5 weeks.
It was noted that the encroachments into SIA common property and right of way at 1801 East Shell Lane are being addressed. By order of the County, these encroachments must be removed by the property owner by January 28, 2013.
Additionally work continues on the Graff home on East Shell Lane. Dave informed those present there had been a break-in at the construction site last week, but the perpetrators were unable to gain access .to the house.

With no further business, the meeting adjourned at 5:00 p.m.

Respectfully submitted,
Mary Beasman, Secretary

Meeting of the Summerplace Improvement Association Board of Directors
November 17, 2012
The newly elected SIA Board of Directors met at the home of David Courage following the general meeting on November 17, 2012. Present were James Kenworthy, Bart Heikes, Walter Garrard, Chuck Pickard, David Courage and Mary Beasman.
The purpose of the meeting was to elect SIA officers for the coming year. After a brief discussion of possible candidates, a vote was taken and Walter Garrard was appointed SIA, Inc. President. Several Board members suggested that the president might like to select a vice-president. Bart Heikes was asked and agreed to serve as vice-president with the approval of the board.
A list of volunteers was brought from the general meeting and will be used to fill committee positions. Janyne Kenworthy was asked to continue her duties as treasurer until a new treasurer can be found and trained.
President Garrard asked the SIA Board their feelings on calling regular meetings or if there were any pressing issues the board needed to address. All agreed that meetings should be held only as needed to deal with SIA matters.
With no further business, the meeting was adjourned.
Respectfully submitted
Mary Beasman, Secretary
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SUMMERPLACE IMPROVEMENT ASSOCIATION, INC
Board Meeting
November 17, 2012
Minutes
The annual meeting of the Summerplace Improvement Association, Inc. was held at 11:00 a.m. on Saturday, November 17, 2012 at the home of Dave Courage.
The meeting was called to order by SIA, Inc. President Dave Courage who welcomed those present and extended an invitation to attend the return of the SIA neighborhood picnic following the annual meeting – this time as a social with adult beverages. Dave indicated no membership dues monies were used for the picnic which was sponsored by the SIA board with the social hour and adult beverages paid for by generous individuals, including Bart Heikes, Frank Mannino and Phil and Carol Glades. Dave thanked Patty Garrard and Lorraine Pickard for hostessing our Summerplace picnic.
Dave advised there were two important membership votes on the agenda. He introduced court reporter Patricia Bormett, who would verify and certify the vote approving exiting SIA by-laws and covenants as required per state statute.
Calling of the Roll
Secretary Mary Beasman, assisted by Phil Glades, 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 Dave Courage.
A motion was made, seconded and passed unanimously to approve all minutes since the last annual meeting.
President’s Report
President Dave Courage began his report by welcoming new SIA members: Roger and Sue Harvey, Michael and Sheena Hoover and Robert and Julia Jaffe.
Dave recognized and thanked SIA Board members Chuck Pickard, James Kenworthy, Bart Heikes, Mary Beasman, Walter Garrard and Treasurer Janyne Kenworthy, whose dedication helped make possible the many good things in Summerplace during the past year.
In addition, Dave extended appreciation to the following who gave time and effort to the SIA during the last year:
• Phil and Carol Glades who organized and prepared the annual meeting mailing and hand delivered this material to full-time residents in Summerplace
• Janyne Kenworthy who has 17 years of service to Summerplace and generously volunteered to copy more than 3,000 documents that comprised this year’s annual mailing.
• Lil Miller-Fox for creating and maintaining the SIA website (Information on accessing the SIA website is included at the end of the minutes.).
• Frank Mannino, chair of the SIA By-Laws Committee. Dave noted Frank is also the local chair of the St. Baldricks Association, a group of men who secure donations to shave their heads with proceeds benefiting children with cancer. This event will take place in March at Captain Hirams and those interested in supporting this worthy cause should contact Frank for more information.
• Haidee Williams who resigned from the SIA Board this year and who Dave noted knew more about Summerplace than anyone. For over 25 years, Haidee was a leading member of the Board and was a mentor to Dave during the 7 years they worked together on the Board. Her Board commitment included serving as Secretary and on the Nominations and Architectural Review Committees. In a recent conversation with Dave, Haidee reminisced that when she joined the Board, Summerplace was mostly vacation homes and this continued until recent years when more full-time residents began moving to the community. She summed up her service on the Board saying “It’s all about being a good neighbor.”
Dave presented the Treasurer’s Report, calling attention to the financial statement that was distributed with corrections to typos and minor math errors. Dave reviewed the legal expenses during 2012 that consisted of:
• $5,000 for the final payment of legal fees incurred in the Joel Graff/SIA issue regarding Mr. Graff proceeding with construction without final approval from the Architectural Review Committee as discussed at last year’s annual meeting.
• $3,465 for legal counsel pertaining to the encroachments into the SIA common property and right of way by the property owner at 1801 East Shell Lane. Dave emphasized that the Board did everything possible to maintain the opinion that this was strictly an issue between the property owner and the County. Unfortunately, the Board was forced to retain counsel due to the threat of litigation and the serving of a subpoena in this situation.
Following a question regarding the encroachments into SIA common property and right of way, Dave advised the issue was addressed at a hearing of the County Code Enforcement Department where the property owner was found to be in violation of the County construction code. By order of the County, these encroachments must be removed by the property owner within 120 days, which will be up on January 28, 2013.
At the conclusion of the discussion, a motion was made by Frank Etzel and seconded by Phil Glade to accept the corrected financial statement. This motion was approved by a voice vote of the members present.
Committee Reports
Architectural Review Committee: Chair Walter Garrard reported this year there have been renovations or new construction on every street in Summerplace:
• The Hoover residence on West Shell Lane a gate was constructed matching the existing SIA black vinyl wrapped perimeter fence.
• On East Shell Lane new construction continues at the Graff property and privacy fencing and plantings were added to the Cyr yard.
• The Lenhardt residence on West Barefoot Place is undergoing major renovations
• The Jaffe property on East Barefoot Place is undergoing modifications. Walter noted the interior and deck plans were approved by the ARC. In addition, the property owner submitted plans to the committee for an ocean front fence, but did not wait for approval. Instead this fence was erected based on permit approval from the Department of Environmental Protection.
• On East Pebble Path the newly constructed Lauer residence is completed and renovations and fence and deck were completed at the Micallef property.
To date, the ARC is aware of the following new renovations and construction for 2013:
• Renovations are planned for the Hoover residence at 1961 West Shell Lane and for the Quickel residence on West Barefoot Place.
• Construction of the Harvey home will begin on East Pebble Path.
Maintenance Committee: Chair Chuck Pickard noted the Summerplace roads are prone to potholes that require filling after rain storms. He thanked Dave Courage and Walter Garrard for taking care of doing this over the summer months. Chuck advised the cutting back of growth long our roads and sidewalks is usually done twice a year, but so far, this has been done only once this year. As 2012 has been a significant growth year, a second cutting will be needed soon.
Chuck reviewed the additional on-going annual maintenance of:
• the repair of signs and replacing reflectors, both done at no charge to SIA;
• repair of the dune deck gates as necessary due to kids swinging on these;
• and having a blade smooth the roads to prevent the expense of adding shell filling – this will be scheduled in the near future.
Chuck reported that Hurricane Sandy caused major damage to all three of the SIA dune decks and stairs:
• The East Pebble Path beach dune crossover and stairs were completely swept away by the storm.
• At East Barefoot Place both the beach crossover and stairs sustained extensive structural damage, closing access to the beach.
• East Shell Lane lost stairs at the bottom of the beach stairs when these were swept away by the storm, but the rest of the structure did not sustain any significant damage.
Following the storm, SIA sought three bids for the necessary repairs. The original contractor of the beach dune crossovers and stairs presented the best bid and commenced work on the East Barefoot Place beach structure. He was able to salvage wood and lumber from the damaged crossover and stairs to repair the storm damage. The bottom beach stairs at East Shell Lane will be replaced after the wind and ocean swells abate.
Chuck advised the expense of completely replacing the beach access on East Pebble Path will be discussed under new business. In answer to a question regarding how soon this work could be started, Chuck stressed the importance of handling this project within the budget. The early payment of those annual dues received to date, makes it possible to work out a contract within a week with a construction timeline of four days once work is started.
A question was raised about the recent graffiti on the southern part of the sea wall and Chuck explained responsibility for repair and upkeep of the sea wall is the purview of those individual property owners along the sea wall. Currently, Michael Flax, property owner at 1801 East Shell Lane, is working with his fellow property owners along the sea wall on the procedure to accomplish the repair of the wall to ensure the integrity of this structure. Removing the graffiti will be part of this project.
Several of those present asked about the blue tape that had been placed on the repaired East Barefoot Place beach crossover indicating “Property Line.” Dave advised the blue tape was placed there by direction of the property owner at 1802 East Barefoot Place. After purchasing this property in June 2012 and stating his understanding of the SIA ARC building requirements, the owner has since maintained these guidelines do not apply to him, however he did submit plans for approval from the Architectural Review Committee. See ARC report above.
Following Hurricane Sandy, the property owner claimed the 6 feet of beach access is designated only for passage to the beach and that the dune crossover and benches at the end of the East Barefoot Place beach access should not be part of this access and should not be replaced in the new construction. In an email to Walter, the owner insisted his privacy is invaded by those who lounge, talk or use cell phones on the crossover and stated the crossover should be removed from his property to prevent community members from standing there. Additionally, he demanded the seating bench seats be removed saying these encroached onto his property. Mark, our contractor took three inches off the back of the bench along the property line to remove the encroachment.
The blue tape marks the portion of the crossover the owner claims is on his property In a second email to Walter, the owner asserted he owns 50 feet out to the high water mark on the beach and because of this, congregation on the crossover in front of his property was not allowed.
Walter advised he is looking into how Florida addresses these issues with property owners who own property along state beaches.
By-Laws Committee: Walter recognized Frank Mannino as Chair of the SIA By-Law Committee. In the upcoming year, Frank will lead the review of existing SIA by-laws and covenants as required every 30-years by state statute. The pending review of the documents will include updating as necessary to concur with state statues and federal law. There are no amendments to these documents at this time.
In order to begin this review process, copies of the current SIA documents were delivered to all property owners with the annual mailing. Approval to revive the existing SIA by-laws and covenants as they are, is required by a quorum of property owners present at the annual meeting, and the vote must be legally verified and certified.
Dave explained the vote would be conducted by a calling of the roll with the voice vote of each individual property owner present verified and certified by court reporter Patricia Bormett. Following the vote, property owners would sign the voting roll signifying their vote.
The calling of the roll commenced and property owners present at the meeting unanimously approved the reviving of the existing SIA, Inc. by-laws and covenants and then, signed the voting roll to signify to this vote.
Unfinished Business
There was no unfinished business.
New Business
Dave reported the cost of repairing the damage caused by Hurricane Sandy to the community’s three beach viewing decks and beach stairs will total $7,500. An assessment of $138 per individual property is required to repair the East Barefoot Place and East Shell Lane structures and to replace the East Pebble Path deck and stairs swept away in the storm. Dave noted the last assessment to repair hurricane damage had been in 2004 and was $400 per property owner.
The assessment for the necessary repairs to the beach viewing decks and stairs is restricted to funding extraordinary expenses. A motion was made, seconded and passed unanimously to approve the assessment of $138 per property owner for repair/replacement of the viewing decks and stairs.
Dave encouraged all SIA members to forward a check for this assessment to Treasurer Janyne Kenworthy as soon as possible.
Dave advised the Board has estimated a cost of $2,500 in order to revive the SIA, Inc. by-laws and covenants. This amount includes the expense of having the court reporter Patricia Bormett attend the annual meeting in order to verify and certify the vote of individual property members approval to revive the existing SIA by-laws and covenants as they are, as per state statute.
Dave asked if there was further business from those present. Phil Glades thanked the members of the SIA, inc. Board, especially Dave, for their work on behalf of the community during this transition leadership year.
President, Dave Courage appointed Inspectors of the Election to leave the meeting in order to count votes. The following Directors were elected for 2013:
Mary Beasman
Walter Garrard
Chuck Pickard
Bart Heikes
James Kenworthy
The meeting adjourned at 11:55 a.m.
Respectfully submitted,
Mary Beasman, Secretary
Summerplace Website:
• To access the site, type in: www.SummerplaceFlorida.com.
• Once on the site, click on the word “follow” on the home page.
• Set up a login and password for WordPress.com to ask that all new postings for the SIA site be sent to
your email address.
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SUMMERPLACE IMPROVEMENT ASSOCIATION, INC
Board Meeting
October 3, 2012
Minutes
Attending
Board President David Courage, Vice-President Walter Garrard, Mary Beasman, Bart Heikes, James Kenworthy and Chuck Pickard
A meeting of the Summerplace Improvement Association, Inc. Board was held on Wednesday, October 3, 2012 to prepare the agenda for the SIA annual meeting on November 17, 2012. The meeting took place at the home of SIA Board President David Courage, who called the meeting to order at 10:03 a.m.
Dave opened the meeting with an overview of the upcoming SIA annual meeting on November 17, 2012. The annual meeting will include an update to SIA members on the welfare and direction of our community, as well as the election of the 2012 SIA
Board of Directors.
The Board discussed the agenda for the annual meeting and reviewed the list of documents to be sent to all SIA members prior to the meeting. These consist of:
1. Cover Letter to the Membership
2. Voting Certificate
3. Election Ballot
4. Voting Proxy
5. Invoice for 2013 Membership Dues
Additionally, Dave announced that this year, following the annual meeting, there would be a picnic and social hour for all members of our community. The Board enthusiastically endorsed this event. An RSVP will be included in the mailing inviting all SIA members to join this neighborhood gathering.
Additional New Business
Dave reminded the Board that in the initial discussion of the by-laws at the January 14, 2012 planning meeting of the Board, it was decided that during 2013, the SIA By-Laws Committee will review and as necessary update the by-laws prior to the Unit II covenant expiring in 2014. Both the Unit I and Unit II covenants will be addressed at the same time. The By-Laws Committee’s review will be responsible for ensuring the SIA by-laws and covenants adhere to state statutes.
Dave noted the appointment of Frank Mannino as Chair of the By-Laws Committee had been approved by the Board at that time.
Following discussion of the responsibilities of the By-Law Committee, the Board approved the appointment of the following as members of the Committee: Walter Garrard, Bart Heikes and Bill Powers.
Old Business
Repair of the Sea Wall: Dave advised the Board that further research on the responsibility for repair of the sea wall determined the sea wall is the purview of those who own property along the sea wall. Dave recommended Michael Flax, property owner at 1801 East Shell Lane, work with his fellow property owners along the sea wall on the procedure to accomplish the repair of the wall and ensure the integrity of this structure.
Bart Heikes made a motion seconded by James Kenworthy and Chuck Pickard that Dr. Flax handle this process to commence as soon as possible.
Update on the Bierman and Tabor properties: Dave informed the Board that the former Bierman property at 1880 East Barefoot Place was purchased on September 18, 2012, by Wells Fargo Bank. The bank has engaged a realtor who recommended specific repairs be made to the house before it is put on the market in order to facilitate the sale of the property. In the meanwhile, as one of the property owners, the bank will be responsible for the payment of annual dues on the property.
In January 2012, SIA, Inc. gave 30-day notice to Mr. and Mrs. Tabor of 1950 West Shell Lane for unpaid annual dues, late fees and interest in the sum of $1,002.00 for the years of 2010, 2011, and 2012. These remained unpaid and SIA, Inc. placed a lien on the property for the past due amount of the annual dues, interest and late fees noted above, as well as for attorney fees. This property is now in foreclosure and the association is tracking this foreclosure process and will file with the county court to secure payment of these unpaid amounts.
Architectural Review Committee
Walter Garrard, Chair of the SIA ARC, advised the Board that the committee received and viewed plans by Mr. and Mrs. John Lehnhardt for construction at 1991 West Barefoot Place. The SIA ARC recommended approval of the plans with the stipulation that the size of the dry wells be increased by 50%.The ARC recommended the Board approve this project which it did by a unanimous vote. Dave will send a letter to Mr. and Mrs. Lehnhardt informing them of the Board approval for this construction.
With no further business, a motion was made and seconded to adjourn the meeting.
Respectfully submitted,
Mary Beasman, Secretary
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SUMMERPLACE IMPROVEMENT ASSOCIATION, INC
Board Meeting
May 30, 2012
Minutes
Attending
Board President David Courage, Vice-President Walter Garrard, Mary Beasman, Bart Heikes, James Kenworthy, Haidee Williams, Chuck Pickard and SIA member Peter Worthy.
A meeting of the Summerplace Improvement Association, Inc. Board was held on Wednesday, May 30, 2012, at the home of Board President David Courage, who called the meeting to order at 10:04 a.m.
President Courage noted for the minutes that there was a majority of SIA Board members present at the meeting convened for the purpose of discussing the request by Michael Flax that the SIA issue a letter of no objection to an after-the-fact permit from the County for existing construction by Dr. Flax that is an encroachment on SIA common property; and to address his attorney’s recent threat of litigation against the Association.
Dr. Flax is the property owner of 1801 East Shell Lane. His request results from the citation he received from the Indian River County Code Enforcement Department for his construction of a gate, a north column and fencing on the public right-of-way without a building permit and contrary to the permit issued by the County.
Overview
Dave opened the meeting with a review of the minutes from the September 5, 2011, SIA Board meeting in which the Board considered the initial request by Dr. Flax for approval of his construction that infringes on Association property. At that time, the Board ascertained that no record of approval for this construction existed and stated that the Board did not have authority to approve private construction on Association property. A letter was sent on behalf of the SIA to Dr. Flax advising him of these matters.
Dave noted the Board’s decision in September 2011 was based on a review of the following legal documents:
• The SIA By-Laws, Article 4, Section 5 which states: “The Board of Directors shall not, however, have the power to sell, mortgage, or voluntarily encumber any real estate owned by the Association….”
• ”The 2010 Florida Statues 720: (2) (a): “Except as otherwise provided in this section, there shall be no material alteration of substantial additions to the common elements or to real property which is association property, except in a manner provided in the declaration as originally recorded or as amended under the procedures provided therein. If the declaration as originally recorded or as amended under the procedures provided therein does not specify the procedure for approval of material alterations or substantial additions, 75 percent of the total voting interests of the association must approve the alterations or additions. This paragraph is intended to clarify existing laws and applies to associations existing on October 1, 2008.”
Haidee Williams, who was a member of the SIA Architectural Review Committee at the time Dr. Flax submitted building plans prior to construction for approval, advised the Board that the gate, the north column and the fencing that encroaches onto SIA common property and the public right-of-way were not in the building plans Dr. Flax submitted to the ARC. Subsequently, the ARC was never made aware of the intent to construct the gate, columns and the fencing now infringing onto SIA common property and the public right-of-way. As a result, these were never approved by the ARC in their review of the building plans submitted by Dr. Flax.
Prior to discussion of Dr. Flax’s current request, Dave reviewed an overview of the subsequent actions by Dr. Flax in this matter following the Board’s decision in September 2011, rejecting his initial request for approval of the unauthorized construction onto Association common property.
During discussion, the Board made note that in addition to proceeding with the construction of the gate, north column and the fence that infringes on SIA common property and the right-of-way without disclosing this construction in the plans submitted to the ARC, Dr. Flax had built these without securing the required permit from the County necessary for constructing such fixed items.
In addition, Dave advised that, with the Board’s approval, he had sought legal counsel from Attorney Sandra Rennick and that with the threat of litigation against the Association by Dr. Flax’s attorney, Ms. Rennick advised there are two major points to consider:
• SIA could possibly prevail in this lawsuit. In which case, the Association could be awarded legal and attorney fees.
• If the SIA Board issues a letter of no objection to an after-the-fact permit from the County, the Association could be sued by a SIA member for not enforcing the SIA deed restrictions.
The Board discussed the ramifications of approving Dr. Flax’s code violations. Peter Worthy indicated approval would significantly encumber the SIA’s ability to protect the interests of SIA property owners in dealing with issues of this nature in the future.
Further, the members of the Board repeatedly referenced the SIA By-Laws and the Florida Statues upon which the initial decision in September 2011 was based to deny Dr. Flax’s request for approval of his construction that infringes on Association common property.
Following discussion, the Board unanimously agreed that the By-Laws of the Association and the Florida State statues do not give the Board the authority to grant Dr. Flax a letter of no objection to an after-the-fact permit from the County for his existing construction that is an encroachment onto SIA common property and the public right-of-way.
Additional New Business
Dave informed the Board that Dr. Flax had sent a letter to SIA members with homes and property along the Summerplace sea wall indicating that the wall is in need of repair. In his letter, Dr. Flax estimated the repair would cost approximately $52,000 to $55,000. Further, the letter stated each of these members was responsible for payment of $6,500 toward the cost to repair the sea wall and should send a check in this amount directly to Dr. Flax.
Upon being contacted about this matter, Dave advised these homeowners that the procedure for repair of the sea wall is to establish a SIA Sea Wall Committee. James Kenworthy indicated an important first step would be to secure authorized bids for the repair of the sea wall. Once the SIA Sea Wall Committee reviewed the bids and determined the final cost of the repairs, assessments for the sea wall repair would be sent to the effected home owners and payments deposited into a SIA Sea Wall Maintenance Fund. This Fund would be overseen by the Sea Wall Committee and the Treasurer of the Board. Funds would be dispersed by the Treasurer only as work proceeded on the sea wall and receipts were received for the work done.
Old Business
After meeting with Dave and Walter in March regarding the Summerplace properties currently in arrears of annual dues, Attorney Warren Dill has sent Dave a letter regarding Florida’s Marketable Record Title Act (MRTA). The Board considered this information in regard to the SIA covenants.
Following discussion, Bart Heikes made a motion seconded by Chuck Pickard authorizing Mr. Dill to conduct a standard review of SIA documents as these relate to MRTA.
The Board unanimously approved this motion.
Maintenance Committee
• Chuck Pickard noted the attractive new fence at the end of E. Pebble Path on the Lauer beach-front property. This fence, approved by the SIA Architectural Review Committee, was hand-constructed to contour along the slope of the property and joined to the beach access.
• Walter Garrard indicated that the E. Shell Lane stairs to the beach are regularly used by kids at Wabasso Beach as a place to sit, thus blocking beach access for SIA residents. Chuck suggested this is a constant problem that occurs and adding a chain and/or sign at the bottom of the stairs is now warranted.
• Chuck reported the large tree limb over hanging W. Shell Lane and interfering with trucks using the street has been removed
With no further business, a motion was made and seconded to adjourn the meeting.
Respectfully submitted,
Mary Beasman, Secretary
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SUMMERPLACE IMPROVEMENT ASSOCIATION, INC
Board Meeting
April 28, 2012
Minutes
Attending
Board President David Courage, Vice-President Walter Garrard, Mary Beasman, Carol and Phil Glade, Bart Heikes and Chuck Pickard
A special meeting of the Summerplace Improvement Association, Inc. Board was held on Saturday, April 28, 2012 at the home of Board President David Courage, who called the meeting to order at 10:10 a.m.
President Courage noted for the minutes that there was a majority of SIA Board members present to discuss the meeting he and Walter Garrard had with Attorney Warren Dill on March 20, 2012 regarding the following:
• Summerplace properties in arrears of annual dues
• The consideration of filing a lien against current delinquent properties
• Review of late fees and interest charges on SIA annual dues.
Overview of Meeting with Attorney Dill on March 20, 2012
Dave reported that with prior approval from the SIA Board directors to seek legal counsel regarding Summerplace properties currently in arrears of annual dues, Walter met with Attorney Warren Dill of Sebastian, Florida, on March 20, 2012. Attorney Dill specializes in real estate law and Walter noted that Mr. Dill was very thorough in providing information on the options available to SIA regarding the defaulted dues.
In advance of this meeting, Mr. Dill briefly reviewed the SIA covenants and indicated that these were somewhat outdated, but it appeared the Association was operating within the law. Dave and Walter advised Mr. Dill that with the understanding that the Association was in compliance with the law, the SIA Board did not wish to incur the expense of updating the covenants at this time.
In addition, Mr. Dill noted that the SIA was required to file an annual HOA business report with the state by May 1, 2012. Dave confirmed that SIA Treasurer Jayne Kenworthy had completed and updated this information for 2012 and had filed it with the Secretary of State last month.
Summerplace properties in arrears of annual dues
Following the March 20, 2012 meeting with Dave and Walter, Mr. Dill researched the two SIA properties in arrears of annual dues and provided the following information:
• The Bierman Property on East Barefoot Place was foreclosed upon in 2009. After researching the foreclosure information on this property, Mr. Dill counseled that with the notice of the foreclosure compliant from SunTrust Mortgage, SIA would only receive one year’s of dues, no matter how long the property is in arrears before the bank takes ownership. It would cost SIA more to place a lien on this property than would be receive and thus, would not be cost effective to file a lien.
• The Tabor Property on West Shell Lane is in arrears of annual dues since 2009 and as a result has also incurred late fees and interest for a total of $1,250 owed to SIA as of January 1, 2012. Mr. Dill reviewed the mortgage foreclosure compliant on this property and noted that “a default was entered against this Association on February 23, 2012.” However, this information was sent incorrectly to the Summerplace Homeowners Association, Inc. located in St. Lucie County. As a result of this error, SIA may still be in a position to eventually recoup some of the owed monies.
• Mr. Dill advised that under law, a special Board meeting is required to file such lien and at the meeting a motion must be made and approved by the Board to authorize the SIA president to sign the lien and record such in the public records of Indian River County.
Dave informed the Board the cost of filing a lien on the Tabor property would be $310. This would include attorney fees of one and one-half hours at a rate of $200 per hour to prepare the lien document, plus a fee of $10, payable to the Indian River County Clerk of Court, to record the lien. The lien could result in the SIA, recouping only one year of annual dues ($250) or in the best case, at some future time, the SIA would receive the total past due assessments, interest incurred at an annual rate of eighteen percent (18%) and attorney fees.
In a letter to Dave, dated March 23, 2012, Mr. Dill noted the lien would remain in the public records until such time as the bank takes title of the property. The bank will be obligated then to pay the annual dues. When the property is sold, a title search should discover the lien as well as the fact the SIA was not named in the foreclosure and SIA should be paid past dues, interest and attorney fees per the lien. Mr. Dill indicated  there is no assurance that SIA will receive anything in excess of the one percent (1%) of the mortgage amount or one (1) year’s annual dues, but these is a good possibility SIA would realize the full lien amount.
A Board discussion followed regarding the feasibility of placing a lien on the Tabor property. Following this discussion, Chuck Pickard made a motion to file this lien and authorize the SIA president to sign the lien and to record this document in the public records of Indian River County. Walter seconded the motion. The Board approved this motion unanimously. Dave will follow-up accordingly with Mr. Dill to draft the lien.
Late fees and interest charges on SIA annual dues
In his review of the SIA, Inc. covenants, Mr. Dill advised that he “could not find any authority for the Association to charge a $50 late fee.”  Under the law, the maximum allowed on those annual dues in arrears is a late charge of $25 per year with an annual interest rate of 18% (1.5% per month). To add this late fee information to the Association’s covenants will require a meeting of SIA property owners and a majority vote of a quorum of members present. The Board agreed to table this for now in order to give Dave time to clarify with Mr. Dill whether this issue could be addressed in the October mailing to property owners in advance of the annual meeting.
Collection of annual dues and handling of delinquent accounts
Dave requested the Board consider implementing new procedures for the collection of annual dues and the handling of delinquent accounts. The suggested revisions include:
• Making annual dues payable in full by January 1st.
• Outstanding accounts would be in arrears on February 1stand a letter would be sent advising any delinquent property owners that a late fee and a 1.5% monthly interest fee is accruing effective February 1st. Further, these owners would be advised that if payment in full is not received in 45 days, the SIA Board will meet to consider filing a lien on the property.
• After the 45 day period, if payment in full is not received, a second letter will be sent to the delinquent property owners with notice that after 30 days, the Association will file such lien.
Dave noted the periods of 45 day and 30 day notices are required by law before filing a lien. Establishing these new procedures, will help alleviate future situations similar to what we are experiencing with the Bierman and Tabor properties.
The Board agreed these revisions are important and discussed how best to amend the current SIA, Inc. bylaws to reflect these new procedures. It was decided this information would be included in the October mailing and sent with a ballot to all property owners. Walter suggested the wording of this confirm that the Board recommends these new procedures and seeks the approval of members to amend the bylaws in order to implement these changes. Carol and Phil Glade will assist in drafting the specific language for this amendment and Mr. Dill will review the specifics of the amendment prior to the mailing in October.
Committee Reports
Architectural Review Committee
• Carol Glade advised that a preliminary request had been filed with the County to erect a 125 foot stealth tower on the property located at the corner of A-1-A and Route 510. The 1985 amendment to the Deed Restrictions gave the owners of lots L and M (now called the Orchid Island Trading Company) permission to build their current building with a permanent open space easement granted to the SIA of 40 feet along Shell Lane. It also restricted any other construction on these lots. Carol clarified this understanding with the County and that the proposed stealth tower would be in violation of these deed restrictions.
• Carol noted that had she not been made aware of the initial request to the County, the next step in the permitting process would have been notice of a public hearing regarding the placement of the tower. Carol stressed the importance of everyone being attentive to any notices affecting the Summerplace community and bringing these to the attention of the ARC as soon as possible.
• Phil requested the Board consider expanding the ARC. Current members of the committee are co-chairs Phil and Carol, Walter, Bill Powers and Haidee Williams. Following Board discussion, Dave nominated David Wolfram to become a member of the ARC. David has been a member of the Summerplace community for 30 yrs and now resides here permanently. Bart Heikes seconded the motion and the Board unanimously approved the appointment of David Wolfram to the ARC.
Maintenance Committee
• Chuck indicated there are two landscaping projects that require an expenditure of approximately $100 to take care of: trimming out the beach access on East Shell Lane leading to the beach and the removal of a large tree limb that interferes with truck traffic on West Shell Lane.
• Another area in need of attention is the north side of Route 510 from A-1-A to Seagrape Drive which is heavily overgrown and with tree that threaten several power lines. In addition, Chuck has identified significant growth of Brazilian pepper trees along this stretch.
The state is responsible for maintaining this section of Route 510 and Dave will contact the state road department to handle this and also bring it to the attention of the office
• of State Representative Debbie Mayfield. Bart advised that because of the power lines along this route, it may be necessary to involve FPL as well.
With no further business, a motion was made and seconded to adjourn the meeting.
Respectfully submitted
Mary Beasman, Secretary
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SUMMERPLACE IMPROVEMENT ASSOCIATION, INC
Organizational Board Meeting
January 14, 2012
Minutes
Attending
Board President David Courage, Vice-President Walter Garrard, and Secretary Mary Beasman, Board members: Bart Heikes, James Kenworthy, Chuck Pickard, And Haidee Williams, Committee chairs: Carol and Phil Glade, Frank Mannino
The organizational meeting of the Summerplace Improvement Association, Inc. Board was held on Saturday, January 14, 2012 at the home of Board President David Courage, who called the meeting to order at 10:06 a.m.
President Courage stated the purpose of the meeting was to finalize organization and specific responsibilities of the SIA Board Committees.
Finance Committee
The meeting began with the financial update from the Finance Committee prepared by Treasurer Janyne Kenworthy and presented by President Courage in her absence. The SIA currently has $11,771 in cash. Of that amount, a total of $8,611 is restricted to the payment of expenses incurred and road deposits held at the end of the previous fiscal year. The expense payable of $6,111 represents the balance due in legal fees incurred in 2011 to address the construction of a home on East Shell Lane owned by Mr. Joel Graff who had proceeded with building without a final letter of approval from the Architectural Review Committee. An additional $2,500 is owed for road deposits. That leaves a balance of $3,160 in available cash.
To date, 2012 SIA dues totaling $9,000 have been received from 36 members. The dues for the remaining 38 members, which total $9,500, are outstanding. Outstanding dues are payable by January 31, 2012.
Treasure Kenworthy’s report noted that dues from one member remain unpaid for 2011, in spite of repeated follow-up to collect this. Following discussion, the Board authorized President Courage to send a letter by certified mail to the SIA member in arrears giving 30-day notice that if the 2011 dues and accrued interest are not received by January 31, 2012, the SIA will place a lien on the property.
Communication Committee
Committee Chair Bart Heikes shared the good news that Lil Miller-Fox has established a website for the SIA, Inc. Haidee Williams provided details on this website which will include both the SIA Deed Restrictions and By-Laws.  Additionally, minutes from today’s meeting and subsequent Board meetings will be posted once completed and future Board meetings will be announced via the website.
The Board expressed thanks and appreciation to Lil for her forward thinking and assistance in establishing the SIA website which will significantly advance communication among the membership.
Haidee advised that members connected to the internet, including those who are not full time residents, can access the SIA website online as follows:
• To reach the site, type in: www.SummerplaceFlorida.com   Once on the site, click on the word “follow” in the upper left hand corner of the home page.
• Set up a login and password for WordPress.com to ask that all new postings for the SIA site be sent to your email address.
• Any questions on the SIA website can be entered in the comment section and either Lil or Haidee will answer it and/or post it on the site.
Additionally, the Board decided that a bulletin board will be constructed on the corner of East Barefoot Place facing A1A. This will allow members in residence to get updates either online or on the bulletin board.  Chuck Pickard and President Courage volunteered to construct this bulletin board.
Bart suggested that once the minutes from Board meetings are completed, copies would be given to the SIA’s street captains to distribute to members on their specific streets. Extra copies of the most recent Board minutes would also be available at subsequent meetings.
By-Laws Revision Committee
President Courage reported to the Board that attorney Sandra Rennick confirmed the Restrictive Covenant for Unit I was established in 1960 and automatically extended for successive periods of 10 years, currently until 2020. The Restrictive Covenant for Unit II was enacted in 1964 and automatically extended for successive periods of 10 years, currently until 2014.
President Courage recommended that the revision of the by-laws be revisited next year prior to the Unit II covenant expiring. This would allow both the Unit I and Unit II covenants to be addressed at the same time.
Following discussion, Chuck Pickard made a motion that the revisions of the by-laws be addressed during 2013 and in the meantime, the By-Laws Revision Committee provide on-going updates to keep the Board informed of issues to be discussed in the revision process. Haidee Williams seconded the motion with the request that a list of these issues be reviewed by the Board before engaging an attorney to assist with the revisions to the by-laws.
The motion was passed and Frank Mannino, Chair of the By-Laws Revision Committee, will lead this effort with the committee.
Architectural Review Committee
Committee Chairs Carol and Phil Glade commended the work done to remove the pepper trees on the Cyr property per the Board’s recommendation. This has improved the appearance of the SIA corner of E Shell Lane and A1A. Board members noted that pepper trees have spread throughout SIA and agreed it is critical to remain vigilant in removing this.
Phil noted the Architectural Review Committee has not received any new construction requests to date.
Maintenance Committee
Committee Chair Chuck Piccard noted he has a pepper tree poison available to assist members in ridding their properties of this invasive species.
President Courage thanked the committee chairs for their work in organizing the SIA Board committees for the upcoming year.
New Business
President Courage advised the Board he has received a request from the county to attend a County Code Enforcement Board evidentiary hearing on January 23, 2012 where the county is scheduled to rule on a code violation at the Flax property on East Shell Lane and encroachment on the private right-of-way. The Board agreed that there may need to be a next meeting following the county hearing.
With no further business, a motion was made and seconded to adjourn the meeting.
Respectfully submitted
Mary Beasman, Secretary