SEMINOLE LAKES POA BOARD MOTIONS 2001 to present
excluding motions for minor expenditures
2011
February 14: Seminole Lakes Roads: Fred Eyrich reported that several directors are receiving complaints regarding the sealcoating of the roads last August. Fred Eyrich advised he spoke with the Florida Rep for Nyera, the manufacturer for Paveshield, the product used to sealcoat. It is possible that the weather conditions, water table, and drying and curing time between coats may have caused the Paveshield to disappear along the road edges and also cause the staining on the driveways. Fred Eyrich moved, and Linda Huber seconded to have a letter sent to D & G Sealcoating & Striping to arrange an inspection of the problem areas and develop a plan to remedy. Bill Murphy stated there is a 15 month warranty and expects complete satisfaction from the vendor. The specifications did not call for the second coat to the edge of the road and that may be a contributing factor. The motion passed unanimously.
January 10: Al DiSessa moved, and Bill Murphy seconded to transfer the operating surplus into the reserve funds. Discussion followed regarding the pros and cons of this proposed action. Al DiSessa preferred not having the monthly fee increase and decrease each year. Linda Huber did not agree the fee would have to increase automatically following a decrease. Bill Murphy agreed with Al DiSessa and felt the looming inflation would cause a significant increase in replacement costs in the reserve items. Bob Toth stated that the reserves were properly funded and we are following the Florida Statue requirements for annual funding, which is reflected in this year’s budget. One owner asked if the Reserves were properly funded and Al DiSessa said yes they were. Another resident stated that if the Reserves were properly funded at this time, they would prefer to have a monthly reduction now and the audience agreed with applause. The vote was called, and the motion failed 2 "yes" votes to 3 "no" votes (Linda Huber, Bob Toth, and Fred Eyrich).
Investment Proposal: Al DiSessa gave an overview of the various CDs and money market accounts housing the reserve funds in four different banks. Interest income has dropped significantly in recent years due to the drop in interest rates. Al DiSessa recommended a new approach to garner the best interest rates possible and minimize the need to run from bank to bank to maintain account levels under the FDIC limits. Al DiSessa moved, and Bill Murphy seconded to open an account at Merrill Lynch, start moving reserve monies into FDIC insured Merrill Lynch accounts, and establish an investment committee to develop a written investment policy to recommend to the Board. There was considerable discussion. Comments included the following: suggest modification until investment committee is in place and has made recommendations; what is Al DiSessa’s relationship with Merrill Lynch (he has a personal account there); check with other firms in the area; look at terms and conditions of the agreement; etc. Bill Murphy suggested amending the proposed motion to first establish the strategic investment committee to bring information to the Board. Al DiSessa modified his motion as follows: move to establish an investment committee made up of residents with some experience in financial investments and the Treasurer (there was discussion on the size but ultimately no limit was specified as part of the motion), to research various local investment firms, to help formulate an investment policy of where and how to invest the reserve monies, and to report back to the Board. Bill seconded the motion, and the motion carried.
2010
November 8:
Access Control Pay Increase for 2011: Linda Huber advised the access control staff had not had an increase since 2008. Linda Huber moved, and Bill Murphy seconded to approve a 4% increase for one Supervisor and a 3% increase for all others. The approximate cost is $2,800 and has been budgeted. The motion carried.June 14:
Road Sealing Project: Bill Murphy reported that he researched both D&G Sealcoating and Char-Lee, their proposed bids, including materials and application procedure. He also researched the previously suggested rejuvenator but did not feel it would be beneficial. Although $5,000 more than Char-Lee, he felt it was the better bid. They will do routine cracks and hole filling. Bob Toth moved, and Fred Eyrich seconded to approve the $40,000 bid from D&G. The motion passed unanimously. A schedule would be developed and shared with the owners.May 10:
Front Entrance Irrigation Repair: Bob Toth advised there was a serious irrigation break on May 1st at the front entrance. The sprinkler control box failed causing the irrigation pump to run continuously. The pressure broke some two inch sprinkler lines. Jay Huber obtained two bids. Quality Irrigation Services submitted the low bid of $681.75. Greenscapes was $100 higher. Bob Toth moved, and Linda Huber seconded to approve the $681.75 bid from Quality Irrigation. The motion carried.Access Control Gate Repair: Linda Huber reported a lightening strike on April 26th hit the front entrance gate power source. Sunstate Gate came out, and installed a backup battery power source, ordered the replacement equipment, and installed it on April 28th. The total cost of materials and labor was $664.00. Linda Huber moved, and Fred Eyrich seconded to approve the purchase. The motion carried.
April 12:
Stop Signs: Fred Eyrich advised *four replacement stop signs were needed. Fred Eyrich moved and Linda Huber seconded to approve the purchase of four stop signs at a cost of $179 each. The motion carried. *Amended at May 10, 2010 Board Meeting to three stop signs.February 8:
Proposal for Common Area Mulch: On behalf of Jim Marchky, Bob Toth presented the request for 300 bags of red mulch at a cost of $2.00 per bag for the common areas. The landscape committee, with volunteers, will put the mulch down to save on labor costs. Bob Toth moved, and Linda Huber seconded to purchase the mulch at a cost not to exceed $650 with tax. It was noted the mulch does not include toxic chemicals and may even be purchased at a lesser cost. River rock was suggested, however, river rock is known to have a negative impact on the plants. The motion carried.Boundary Fence: Fred Eyrich presented two bids (Michael Cole: $570 and Greenscapes: $1500) to clean around the downed boundary fence and re-erect the fence near the front entrance. Fred Eyrich moved, and Nick Cole seconded to approve the bid from Michael Cole at a cost of $570. Some owners present expressed their concern about Michael Cole. The Board responded that he would not be paid until the project was satisfactorily completed. The motion carried.
Resident, Developer, & POA Carp Purchase: In order to minimize the weed and algae growth, it is beneficial to maintain sterile carp in the lakes. As a three part project: several owners, the developer, and the POA will be sharing the cost of introducing carp into the lakes. At a cost of $481.50, Bob Toth moved, and Nick Cole seconded to purchase 50 carp for lakes A and E for the POA. Proper allocation of the fish between the two lakes will be addressed. Owners participating in the adopt-a-fish program were thanked. The motion carried.
Telephone Binders: June Toth advised the POA was in need of some new telephone binders due to new owners requiring them and just general deterioration. June Toth conveyed that Buffalo Graffix offered the best price combined with the personalized insert cover page. Joe Ring moved, and Fred Eyrich seconded to approve up to $900 for the 100 three-ring binders with inserts. The motion carried.
Lake G Shoreline: Bill Murphy reported that there was erosion under the cart path near Lake G. Two bids were obtained one from Abbott ($570) and Taylor Contractors ($1200) to repair. Bob Toth moved, and Joe Ring seconded to approve the bid from Abbott’s to repair. The motion carried.
Pavement Repair at Guardhouse: Bill Murphy discussed two quotes (Taylor Construction: $2785 and Sunland: $1950) for a pavement repair near the guard house. Bob Toth moved, and Linda Huber seconded to approve the $1950 bid from Sunland contingent upon getting specific details noted in the contract. The motion carried.
2009
December 14:
Fence Resolution: Linda Huber gave a report on Becker & Polikakoff’s response regarding the Association’s position going forward on fences within the community. The definition of a fence was presented. The Covenants Committee recommended that a resolution, drawing a line in the sand and re-defining fences, be adopted. Linda Huber moved, and Fred Eyrich seconded to adopt the following resolution:NOW, THEREFORE, it is hereby resolved as follows:
1. The above provisions are herein incorporated by this reference.
2. A fence is any structure erected on any portion of a Lot within
the Community
which is intended to screen, decorate, enclose, contain or separate all
or any
portion of said lot.
3. From this date forward, the Association will strictly enforce its
restriction on the
installation of fences. Fences erected prior to the date of this
Resolution will be
grandfathered-in and will be deemed approved and ratified by the Board
of
Directors as they preceded this Resolution, but may not be replaced.
4. Notice of this Resolution shall be provided to all Unit Owners promptly upon
its
adoption by the Board of Directors.
Discussion took place as follows: Nick Cole expressed his concern about grand-fathering in the 32 fences and what would happen as the properties were sold—Linda Huber advised if the fence was in good condition it remained, if it was in bad condition, it would be removed; it was noted that some felt the structures around the air conditioning units were not fences; Nick Cole took exception to the word "screening"; hedges are not fences; deteriorating fences must be removed; this issue will be enforced like other covenant restrictions. The motion carried.
November 9:
Nick Cole moved, and Linda Huber seconded to adopt the proposed 2010 budget at a rate of $118 per parcel and $16 per parcel for the Lake A assessment. There was no discussion. The motion carried.Oversight Director Bob Toth gave an all inclusive report about the Association’s landscape contract history beginning with Southwest Lawn, moving to TruGreen, and currently with Greenscapes. Over the years, services have been added and refined. For 2010-2011, Greenscapes agreed to reduce their price and were able to do so due to a slight reduction in irrigation inspections and a new mix of chemicals being used. After some additional discussion, Bob Toth moved, and Fred Eyrich seconded to approve the 2010-2011 Greenscapes contract at an annual two-year cost of $281,760. The motion carried.
Bob Toth moved, and Linda Huber seconded to approve the purchase of the NordicTrack unit or similar model at a cost not to exceed $1,000 plus tax. The motion carried
Nick Cole reported on his review of the reserves accumulated over the past years. He noted that because the Developer did not create the reserves, our Documents did not require reserves, and the membership had not voted to require reserves; the accumulated reserves did not have the restricted use the Association would likely prefer. Past Boards had good intentions in developing the reserves, but an official approval by the membership is still required. Nick Cole moved, and Linda Huber seconded to direct Star to develop a resolution to protect the specific reserve categories and have ready for a vote at the March 2010 annual meeting. Bob Toth noted that the association did get $325,000 from the Developer at turnover of the common areas to residents; however, that money was not reserves but return of excess assessments from residents. $200,000 was used to repair eroded shorelines and it cost $145,000 to repave the roads. The motion carried.
October 12:
Nick Cole gave a detailed Power Point presentation regarding the Access Control Committee’s recommendation for improving the existing system. The report included details of the review process, the committee findings, details of the evaluation process for new equipment, safety concerns, costs, summary details, and their recommendations. These included: replacing the transponder system with a bar code system, adding a tag recording video camera for the front gate, add face camera for the visitor entrance gate, add general view camera to capture all incoming activity at entrance gates, and change back gate to exit only. Nick Cole advised the project could be funded with reserves and would be phased in to allow owners to become accustomed to the new system. Nick Cole moved, and Linda Huber seconded to accept the recommendations of the committee and purchase the equipment and installation at a cost not to exceed $25,000. The motion passed.Nick Cole felt this was the appropriate time to set policy for who may obtain barcodes as we transition into the new system. Nick Cole moved, and Linda Huber seconded to approve the following bar code policy:
Bar code
entry is available for motor vehicles legally licensed for operation on Florida
public streets as follows:
Vehicles
registered to the person (s) whose name appears on the Seminole Lakes property
deed
Vehicle of
spouse not on deed
Other
vehicles with a valid Florida registration showing a Seminole Lakes address
Renters over
18 years of age with an approved rental agreement of three months or longer
Bob Toth asked about renters getting approval. Linda Huber advised there is a process for renters and the owner can obtain the rental approval form on the website, complete and submit to Star Management. A question was asked if residents will have to purchase the new barcode and was told the initial bar code for owners is included in the $25,000 and subsequent codes could be purchased under $5. The bar code system would have an internet interface and could be managed from any location. The motion carried.
June 8
: Architectural Review Board Form- Fred Eyrich moved, and Joe Ring seconded to approve the new form with the suggested revisions.May 11
: Rule Change: Inasmuch as the pool, tiki hut, and exercise room are rented, it was necessary to make the following rule change. Linda Huber moved, and Nick Cole seconded to adopt the following Rule Change as amended during discussion:The golf course and tennis courts are private property and fee maintained. Please contact the Pro Shop (639-5440) for membership and guest fee information."
May 11
: Collection Policy Amendment: Nick Cole moved, and Linda Huber seconded to approve the following resolution to the Seminole Lakes Collection Policy:"As authorized by Article VII, Section 1 (b) of the Association Bylaws, the Board of Directors hereby resolves that any member whose assessment balance is past due in excess if 90 days shall have their voting rights and use of any recreational facilities controlled by the Association suspended for as long as their assessments remain past due. The Management Company is directed to inform the member of such suspension. Seminole Lakes Property Owners Association Financial Policy and Procedure No.001-001 is revised accordingly."
Feb 9
: Roofing Material Clarification: Linda Huber reported there as a Scribner’s error in the language of her rule adopted in January. In order to clarify the language, Linda Huber moved and Bob Toth seconded the following language: "#24 Roofs. A. All residences shall have tile roofs. Said tile shall be of high quality (code compliant clay or cement tile, stone coated steel tile, or metal tile, no shingles or flatJan 12
: Roofing Materials: Linda Huber moved to amend Rule # 24 as follows (underline is revision): #24 Roofs. A. All residences shall have tile roofs. Said tile shall be of high quality (code compliant clay tile, stone coated steel tile, or metal tile, no shingles or flat aluminum roofs permitted) commensurate with the purpose to develop the property in order to enhance and protect the value, attractiveness and desirability of the parcels. Written approval from ARB must be obtained prior to installation.Jan 12
: Renewal of Pool/Activities Center Lease: Nick Cole made a motion to enter into an agreement with the Developer for a two year lease as per the details explained by Bob Toth. Linda Huber seconded the motion. The motion was voted on and passed unanimously.Linda Huber made a motion to ask the residents to vote at the March Annual Meeting if they wanted the Board to pursue an option to purchase the pool facilities/activities center from the Developer. Joe Ring seconded the motion which passed unanimously.
Jan 12
: Burnt Store Road Expansion: Bob Toth made a PowerPoint presentation on a 377 square feet of land located behind the homes on Serenoa Count adjacent to the wall and Burnt Store Road that the County requires for a drainage easement when Burnt Store Road is expanded. The County is not buying the land; they are only purchasing the easement rights and the POA Board does have the authority since it is not a land sale. The 377 square feet was appraised at $640 but as an incentive, the County is offering $1640 and if the offer is not accepted by January 20, 2009, the POA will be named as a defendant of condemnation proceedings. Linda Huber made a motion to sell the easement rights of the 377 square footage to the County for $1640. Joe Ring seconded and the motion passed unanimously.2008
Sept 8:
Political Signs: The Board received a request for permission to place a political sign on a resident’s property until Election Day. The resident asked that the issue be placed on the agenda. Linda Huber moved, and Nick Cole seconded to deny the request for placement of a political sign citing Covenants Article V. Section 5. The motion to deny the request carried.Sept 8:
Collection Procedure: Nick Cole presented a power point presentation on a proposed financial policy and procedure for collections in the POA. Payments are due on the first of every month. The process includes a friendly reminder on the 20th day if the maintenance fee remains outstanding. If still unpaid on the 31st day, interest is added and a delinquency letter is mailed. On the 46th day, if still outstanding, a final demand letter is sent. If payment is not received prior to the 61st day, the account will be sent to the attorney for a 45-day notice of lien. A lien will be filed if payment is not made within 45 days and will be accompanied by a 45-day notice of foreclosure. If payment remains outstanding after 45 days, the attorney will pursue foreclosure. Nick Cole moved, and Linda Huber seconded to approve the collection procedure. The motion carried.June 9:
Insurance: Bob Toth gave a presentation regarding insurance. Dan Langone, Bob Toth, and Sherry Danko reviewed the policies in order to make recommendations. Due to the poor service of the current insurance agent, Seminole Lakes will be changing to Time Insurance. For 2008-2009, the Board will be able to get wind coverage for the guardhouse, wall, signage, gates, lights, golf cart, and irrigation at an added cost of approximately $4500. Full insurance coverage is required by the Covenants. Linda Huber moved, and Joe Ring seconded to approve moving the policies to Time Insurance and approve the liability and property coverage as presented. It was noted that reserves could cover any property or wind deductible. The motion carried. The new polices will take effect July 7, 2008.April 14:
New Director: Bob Toth announced that Al DiSessa resigned from the Board. The Board was in agreement that the candidate receiving the next highest number of votes (after Al DiSessa at the annual meeting) should be appointed. Linda Huber moved, and Nick Cole seconded to appoint Joe Ring to the Board to fill Al DiSessa’s vacant position which will expire March 2010. The motion carried unanimously.April 14:
Common Ground Usage: Nick Cole presented a summary of the Common Ground Usage Rules. Linda Huber moved, and Nick Cole seconded to approve the Rules as amended to exclude the restrictive language about the front entrance. The motion carried unanimously.Feb 11:
Pool Rental Agreement: Bob Toth reported that the current pool agreement will be expiring April 30, 2008. After mentioning the various activities that take place at the pool area as well the positive impact on the real estate market, Bob Toth asked the Board to consider renewing the lease for one additional year (5/1/08-4/30/09) at the same rate of $1,200 per month plus operating costs. Jay Ward moved, and Al Disessa seconded to extend the contract for one year. It was noted that Reliable Homes makes a monthly profit of about $600 per month. Also, the cost of major repairs is split between the POA and the Developer. The motion carried.Jan 14:
Amenities Purchase: Jay Ward read from some prepared remarks about the need for a vote to empower the Board to spend up to $32,000 to research the amenities purchase. Jay Ward moved, and Dan Langone seconded that Star Management place the following issue on the ballot to be considered at the March 10, 2008 Annual Membership meeting: The Seminole Lakes POA Board of Directors be empowered to conduct certain studies and investigations into the purchase of the amenities of Seminole Lakes Country Club. The Board is permitted to expend funds not to exceed thirty two thousand dollars ($32,000). Authority for these studies expires within six months of approval of this issue. Approval of a majority of the parcels voting "yes" would determine approval of the vote. The Board discussed the vote requirement at length. All but Linda Huber were in agreement of the simple majority. Sherry Danko made a brief comment regarding the quorum requirements. Bob Toth noted the vote for this expenditure was not required by the Documents or the Statute. Rather, the Board felt the issue of significant importance and wanted to have an official sense of the people before spending money on research for the potential purchase. In response to residents’ questions; Bob Toth stated that if the golf course was closed, it would not deteriorate to an unsightly condition. Litter, trash and debris would not be allowed to accumulate and the grass must be cut so it is not higher than 12 inches. A City ordinance, Section 10.1, explains this in detail (copy available from Star Management). Additionally, if the golf course was closed (or even if it is not closed) homes or condos could not be built on it. The property is restricted only to golf course use and is so stated in our Covenants and in a number of the City Ordinances. It is also so stated in the plats on file with the City. We are the only ones that can amend our Covenants and the City would not change the ordinances or final plats. Numerous owners expressed their concerns or support of the vote itself, the purchase itself, and the voting requirements. The vote carried 4 to 1 with Linda Huber voting "no" due to a majority vote rather than 2/3’s vote.2007
Dec 10:
Amenities Purchase Presentation: After presentation and discussion, Al DiSessa moved, and Jay Ward seconded to table further discussion until the January 2008 Board meeting. The motion carried.November 13:
Reserve Calculation: As part of the budget approval process, there was discussion regarding the calculation process for determining reserves. In order to establish a standard for the Association, Linda Huber presented a resolution adopting Remaining Useful Life and Threshold Funding as the methodology for calculating reserves for Seminole Lakes:WHEREAS, the Seminole Lakes Board of Directors initiated funding for capital expenditures and deferred maintenance in 2002 on an annual basis based on the estimated useful life and estimated replacement cost of each major component of the commonly owned assets of the Association, and
WHEREAS, the Association’s Board policy is to calculate funding requirements for future major repairs and replacements over the remaining useful lives of these components based on such replacement cost estimates where amounts previously accumulated are also considered in determining the annual funding requirement and interest income is retained by the replacement fund, and
WHEREAS, the Association’s Board conducted an independent study during the preparation of the 2007 operating budget to estimate the remaining useful lives and replacement costs of the components of common property for the Association where replacement costs were based on the estimated costs to repair or replace the common property components as of the date of the review, and
WHEREAS, the Association’s Board evaluates its reserve amount annually through professional estimates for replacement and renewal of components, and
WHEREAS, the Association’s Board methodology has been to use Remaining Useful Life and "Threshold Funding" which is establishing a reserve funding goal of keeping the total reserve balance above a specified dollar or percent funded amount, therefore,
RESOLVED, based on the CAI Institute’s four funding methods, the Seminole Lakes POA Association has adopted the principle of Threshold Funding as the standard for the reserve components with the overall component fund target of at least 70% to be maintained (the calculation used to determine percent funded for each fund is: the fund replacement cost X effective age divided by estimated useful life, that number divided into fund balance at end of year).
Linda Huber moved, and Dan Langone seconded to adopt the resolution. The motion carried.
Sept 10:
Ad Hoc Committee for the Amenities: Jay Ward began discussion on the possible purchase of the amenities by the POA. He stated that the Board has no formal opinion at this time. Jay Ward added that the Association attorney advised this would be a major undertaking and clearly not easy. He noted that Becker & Poliakoff indicated the preliminary legal costs would be in the $10,000 range. Jay Ward moved, and Dan Langone seconded to approve the following: Skip Slattery and Dave Osweiler to head an ad hoc committee to investigate the purchase of the amenities from the developer. The committee will be responsible for the following: establish a timeline for the proposed purchase; set up meetings with the POA Board with representatives of banks, golf course management consultants, and any appraisers that might do an appraisal in the future; develop rough numbers related to cost per parcel for the purchase of the amenities; and if possible, determine operating costs and potential profit/loss from the amenities operation. The committee would be empowered to enlist as many additional members as they may deem necessary. The committee would not be permitted to expend funds at this time. Discussion continued as follows: 2/3 positive membership votes would be necessary for the purchase and for financing. Most Association-owned courses are private, not public. It would be difficult if not impossible to obtain all of the votes needed for the various issues, especially amending our documents since they do not provide for owning and operating a public golf course. The committee needs to be knowledgeable of the documents and the statues. The storm water drainage system on the developer property is a major concern due to shoreline and headwall erosion and possible violation of SWFWMD permit requirements. It would have to be resolved before any amenities purchase. It was suggested that the committee have five to seven members with golfers and non-golfers. The ad hoc committee should not restrict its discussions with one bank and one golf course consultant. The negative impact on real estate sales must be considered. One owner felt the Board should not sanction this committee. The committee would be looking to see if the amenities purchase (all or part) would be feasible. A business plan would have to be created and address all issues and concerns. Owners were reminded to focus on the motion, not the details of the committee’s duties. The committee should check other courses and associations who own courses. The Board voted, and the motion carried.May 14:
Pool Rental Agreement: As reported by Bob Toth, at the March 12th meeting, the Board approved a motion to move forward and negotiate a new pool rental agreement if the terms were as good as or better than the prior agreement. This was accomplished, and an agreement was signed for the period of May 1, 2007 to April 30, 2008. The Board members each signed off on the agreement. In light of this, Bob Toth requested a motion to ratify their earlier decision. Al DiSessa moved, and Dan Langone seconded to approve the new rental agreement. The motion carried. The rent is $1200 per month plus taxes plus the cost of reimbursement to the developer for operating costs. For major repairs over $500, the cost will be shared 50/50 between the POA and the developer. Galen Price agreed to chair the pool committee.May 14:
Rules & Regulations: Linda Huber advised that after the proposed Rules & Regulations changes were published in the April Grapevine and discussed at the April Board Meeting, those changes were going to be presented for Board approval by Nick Cole, Chairman of the Covenants and Governing Documents Committee. Nick Cole gave a comprehensive report on the proposed rule changes. He presented them in four segments to be considered for approval by grouping. The first area dealt with the cleanup of some general language issues only and no content change. These involved meeting dates and contractor language. Linda Huber moved, and Jay Ward seconded to approve the segment of the language changes. The motion carried. Area two addressed the documentation within the rules of various regulations that the membership already follows. These include: removal of the fining language as it is not allowed, adding the approval of painting and hurricane shutters to the ARB, fishing policy of catch and release, and adhering to the speed limits. Linda Huber moved, and Jay Ward seconded to approve the segment of documenting current policies being practiced as noted. The motion carried. Area three involved the golf cart rules. The proposed changes included the requirement of headlights, turn signals, windshields and changing the minimum age of 16 to 14 for driving carts, insurance for use of carts other than going to and from and while on the golf course, and reporting reckless endangerment due to bad driving on golf carts. Linda Huber moved, and Jay Ward seconded the motion to approve the afore-mentioned additions to the golf cart rules. Significant discussion followed from both the Board members and the audience. There was clear opposition to the requirement of turn signals despite the statute requirement for their use after sunset and before sunrise. The vote failed. Dan Langone moved, and Jay Ward seconded to keep the current golf cart rules in place and only change the age requirement from 16 to 14. The motion carried. The final area dealt with hurricane shutters. Discussion included the timing of the installation of the shutters, types allowed, impact on fire fighting and police entry, code violations, and sense of security versus same single access for burglars and owners in the house. Most owners were not in favor of a policy limiting the time of installation. The Committee recommended a June 1 to November 30 deployment of shutters with consideration for exceptions by the Board. Bob Toth noted that Burnt Store Isles and PGI do not have policies. He also stated that the State will likely create a policy next year. It was on their docket this year but time did not allow for any policy formation. No motion was made to approve the shutter policy. It was decided to wait until next year to see what the State Legislature develops. Nick Cole thanked the committee for their efforts.May 14:
Common Area: Al Disessa read from some prepared comments regarding the use of the common area regarding an incident of cutting the grass to a very low level without prior approval from the Board that was done by two individuals to use for bocce courts. The Covenants require approval before making a change to the common elements. There was significant discussion from the directors and the membership about the use of the area. It was agreed that the condition of the grass ha improved due to hand watering. Al Disessa moved, and Dan Langone seconded to retract the letters mailed to the two owners regarding the cutting of the common area grass. Discussion followed. Al Disessa stated a responsible spokesperson should present a proposal to create a bocce court location in the community away from the front entrance. Jay Ward noted that a lot was learned from this episode. Howard McCormack reported that bocce and horseshoe courts were investigated in the past but nothing filled the need on the common ground. Nor was the developer interested in renting or selling land for this purpose. Al Disessa amended his motion to state that letters should be sent to the two owners indicating that no further action (sod replacement) would be necessary and that it would be appreciated if they refrained from any further mowing of the common ground. The motion carried. Dan Langone indicated that he and Jay Ward would meet to discuss a location and prepare a proposal to submit to the Board for consideration.2006
Oct 9:
Benches: Sandy Blaesing reported that a number of owners had expressed an interest in installing benches in the community. She noted that placement location, materials, and costs needed to be researched. Owners added comments about preferred locations (near the entrance to watch the fountain, intersection of Feathersound and Seminole Lakes Blvd., and near the Acline Road entrance), investigating consignment shops for used benches, and see no need for benches at all. Sandy Blaesing moved, and Dan Langone seconded to form a bench committee of 2 to 3 people, led by Joe Gartner, to gather information regarding type, placement location, maintenance, and cost and report back to the Board. The motion carried unanimously.Aug 14:
Appointment of Director: Due to the resignation of Bob Foiles from the Board, Linda Huber moved, and Al DiSessa seconded to vote by secret ballot to appoint Dan Langone or Bob Mack to fill the vacancy on the Board. The motion carried. Sherry Danko distributed ballots to the Board. She collected the ballots and tallied the vote. Sherry Danko announced Dan Langone as the new member of the Board. Bob Toth asked Dan Langone to join the Board at the table. Bob Toth also announced that Dan Langone would oversee the insurance, telephone, and election committees.July 10:
Real Estate Sign Proposal: Linda Huber spoke on complaints received regarding real estate signs. The Covenants Committee did some research and presented a proposed sign policy for our Rules & Regulations which is in compliance with the Covenants. Linda Huber suggested that one sign no larger than 6" X 8" may be placed at the front of Seminole Lakes Country Club entrance off of Route 41 which states "OPEN HOUSE". The realtor may provide maps of Seminole Lakes to the guard House with the open house so marked to be given to any visitor requesting entry for the purpose of visiting the open house and one sign (no larger than 6" x 8") showing the open house may be placed on the residents’ front lawn. No other items may be displayed. Any and all material used for an open house shall be picked up at the end of the day. Sandy Blaesing moved, and Bob Foiles seconded to approve the policy. One owner inquired about the number of signs for multiple agents. Linda Huber read the applicable passage from the Covenants which allowed for one sign per agency. The motion carried.July 10:
Swimming Pool: Bob Toth gave a detailed slide presentation Pool Proposal on entering into a rental agreement with Seminole Lakes, Inc. to rent the pool, tiki bar, and exercise room for $4,000 per month for six months. The agreement would be contingent upon completion of several repairs and upgrades as well as agreement on the document language. Sandy Blaesing moved, and Linda Huber seconded to approve the rental arrangements. The motion carried.June 12:
Treasurer’s Report: Motion Number 1:Whereas, it is not proper or appropriate for our governing documents to
be in legal conflict with each other, and
Whereas, Article III, Section 10 of our Declaration of Covenants, Deed, and
Restrictions does provide for the imposition of interest from the due date at
the highest legal rate,
Now therefore, I would like to make a motion the Rule #18 in our Rules and
Regulations be amended to read as follows:
18. Monthly Assessments: Assessments are due the first of every month. Any homeowner who is delinquent on their monthly payment will be charged interest from the due date at the highest rate. (Article III, Section 10).
Linda Huber seconded, and the motion carried.
June 12:
Burnt Store Road Expansion: Bob Foiles stated that the expansion project along Burnt Store Road is moving ahead faster than expected. In response to the noise resonating from the traffic, Bob Foiles moved to accept the following resolution and send to the appropriate governing bodies:Whereas, Seminole Lakes Property Owners Association, Inc. does not appear
on the list of Property Owners Association who were present at the hearings on
the Burnt Store Road expansion; and
Whereas, our residents living along Feathersound Drive and Serernoa Court
would be impacted by the Burnt Store Road expansion project, and
Whereas, reliance on a natural vegetation barrier is subject to fires or
other destruction and may be less effective over time;
Therefore, be it resolved, that the Seminole Lakes Property Owners
Association, Inc. go on record as requesting consideration of the installation
of a Sound Barrier Wall along Burnt Store Road adjacent to Seminole Lakes; and
Further Resolved, that the Seminole Lakes Property Owners Association, Inc.
further request that such a Sound Barrier Wall be installed prior to the actual
road work begins on that section of the roadway; and
Further Resolved, that a copy of this Resolution be forwarded to the
Charlotte County Commissioners, City Council of Punta Gorda, and all planning
bodies involved with the project.
Sandy Blaesing seconded, and the motion carried
May 8:
Attorney Review: Bob Foiles suggested a change in attorney’s who specialize in HOA’s issues especially with the on going development of the Seminole Lakes Plaza around Sweet Bay. Bob Foiles moved, and Linda Huber seconded to change to Becker & Poliakoff for the Association’s attorney. Owner comments included concern regarding the distance of the attorney office and the review of documents by the past or present attorney. The motion carried.May 8:
Rental Policy Review: The Board has been advised by the attorney that the rental policy adopted at the February 13th POA Board Meeting charging $100 is not valid as it is not in our Covenants. Linda Huber moved, and Sandy Blaesing seconded to nullify the rental policy form, and $100 fee adopted at the February 13th meeting. The motion carried.Linda Huber introduced a rental procedure which would require the homeowner to screen the prospective lessee and submit a Rental Application form between the Homeowner and the Lessee to the Board. The agreement states that the Homeowner has provided copies of the Declaration of Covenants, By-Laws and Rules and Regulations to the lessee and the lessee signs agreement to abide by all of the Governing Documents. The Board receives a copy of all signed documents and acknowledges same and provides Star Management with copies. Linda Huber moved, and Sandy Blaesing seconded to approve this policy. The motion carried. The Rental Policy and Application form can be obtained through Star Management or the Seminole Lakes Website: www.slccfl.com
May 8:
Review of Liens/Foreclosures: Al DiSessa introduced two letters to be used for delinquencies and final notice to pursue foreclosure. Al DiSessa moved, and Sandy Blaesing seconded to approve the letters. One owner commented on liens currently in process. The motion carried. Al DiSessa moved, and Sandy Blaesing seconded to begin the foreclosure process for two owners who have large outstanding amounts. The motion carried.May 8:
Priority Responses: Sandy Blaesing moved, and Bob Foiles seconded to approve CERT’s recommendation for the priority responses system and use of colored tape. The motion carried.February 13:
Ballot Questions: Mike Hirsh read each ballot question for consideration for the annual meeting.Question #1: Capital Improvement Fee. Sandra Blaesing motioned, and Bob Toth seconded, to put the capital improvement fee on the ballot with the original $1600 cap. The motion failed with two "yes" votes (Toth and Blaesing) and three "no" votes (Hirsh, Kineke, Verhagen). Mike Hirsh motioned, and Almira Kineke seconded to put the capital improvement fee on the ballot without a cap; $4.00 per thousand; $1000 minimum and no maximum. The motion carried with three "yes" votes (Hirsh, Kineke, and Verhagen) and (Toth and Blaesing) voted "no".
Question #2: Vote Requirement for Amendment Change to the Declaration of Covenants. Mike Hirsh motioned, and Almira Kineke seconded to include the vote to change the number of votes required to amend the Declaration of Covenants. The amendment would change the required two-thirds affirmative vote of all the parcels, to two-thirds affirmative vote of those casting votes. The motion carried with three "yes" votes (Hirsh, Kineke, and Verhagen) and two "no" votes (Toth and Blaesing).
Question #3: Designation of Reserve Funds. Mike Hirsh motioned, and Almira Kineke seconded to include the vote on the designation of reserve funds. The motion carried with three "yes" votes (Hirsh, Kineke, and Verhagen) and two "no" votes (Toth and Blaesing).
Question #4: Rollover of 2005 Surplus Funds. Mike Hirsh motioned, and Almira Kineke seconded to include the vote on the rollover of the 2005 operation surplus. The motion carried unanimously.
Golf Cart: A reliable gas golf cart is necessary for the CERT team and maintenance committee to operate. Mike Hirsh stated that the present cart dated to 1981 and was in constant need of repair. Therefore, Mike Hirsh motioned, and Sandra Blaesing seconded to spend $3500 plus tax to purchase a better golf cart. The motion carried unanimously.
Realtor’s List: After some discussion, Mike Hirsh made a motion that no realtor cards would be permitted in the guard house and guards on duty shall not pass out any realtor’s cards. No list of Seminole Lakes owner/realtors would be distributed. Almira Kineke seconded the motion which passed unanimously.
Grapevine Ad Rates: Sandra Blaesing motioned to keep the Grapevine ad rates at their present level. Bob Toth seconded. It passed unanimously.
Rental Application: Almira Kineke motioned to include the rental application in the Rules & Regulations. Mike Hirsh seconded. The motion passed with three "yes" votes (Hirsh, Kineke, and Verhagen) and two "no" votes (Toth and Blaesing).
2005
November 28:
Members Vote: Mike Hirsh motioned and Almira Kineke seconded a motion to invalidate the recent members vote regarding the rental application and the capital improve fee. The motion passed unanimously.October 3:
Disposal of Minutes: Bob Toth moved and Sandra Blaesing seconded to approve the minutes as distributed with the following addition: "A motion was made and unanimously passed to transfer $51,108.02 from the reserve accounts to the operating account. These monies were operating surplus dollars previously moved to the reserve accounts". The motion carried.September 12:
Night Time Visitor Protocol: Mike Hirsh presented a resolution regarding night time visitors and the procedure the access control staff must follow. Mike Hirsh moved to approve the resolution, Almira Kineke seconded, and the motion carried unanimously. The motion reads as follows:NEW RULES FOR NIGHT TIME VISITOR ACCESS TO SEMINOLE LAKES
"It’s hereby resolved that during hours of darkness, visitors to Seminole Lakes
residents must be pre-cleared for entrance by a phone call from their hosts to
the guardhouse. If a visitor arrives who has not been pre-cleared, the visitor
will be asked to wait while the guard calls the host resident and obtains
clearance. Without such clearance, visitors will not be permitted to enter
Seminole Lakes during hours of darkness."
New Attorney: Nick Verhagen discussed the merits of using Jamie Costello of Fort Myers as the new Association attorney. After some discussion, Almira Kineke motioned to engage Mr. Costello. The motion was seconded by Mike Hirsh and passed unanimously.
Rental Problems: It was noted that there are an increasing number of rentals in Seminole Lakes. The Board wishes to be more proactive in regulating the rentals. Subject to attorney review by Jamie Costello, Almira Kineke moved, and Mike Hirsh seconded to approve the following motion: "There will be a rental application made to the Board with a fee of $100.00 (form attached). No more than two rentals per year will be allowed". The motion carried unanimously.
Capital Improvement Fee: A discussion on the need for a capital improvement fee took place detailing the benefits to the Association by collecting a fee from new purchases of homes. It was agreed that Jamie Costello would review the implementation of fees before any collection be enacted. The motion made by Mike Hirsh and seconded by Almira Kineke was to institute a capital improvement fee on any purchaser other than an existing Seminole Lakes resident buying another home within the Association. The fee would be $4.00 per thousand of the sales price with a minimum of $1,100 and a maximum of $1,600. Star Hospitality Management would be paid a fee of $100 for providing the estoppel information. On behalf of the Association, the fee would be collected by Star in the same manner it collect its present estoppel fee. The motion carried unanimously.
June 13:
By proper motion by Mr. Toth, seconded by Ms. Blaesing, it was unanimously approved to send the proposed amendments to the membership by printing in the Grapevine for review and comments.By proper motion by Ms. Kineke, seconded by Ms. Blaesing, it was unanimously approved to terminate the management contract with Benson’s, with the effective 30 day notice.
By proper motion by Ms. Kineke, seconded by Ms. Blaesing, it was unanimously approved to accept the contract with Star Hospitality Management.
By proper motion by Ms. Kineke, seconded by Mr. Toth, it was unanimously approved to negotiate with the Developer to acquire the swimming pool, tiki bar and fitness center from the developer.
April 11:
By proper motion by Ms. Kineke, seconded by Mr. Toth, it was unanimously approved to eliminate the use of the handyman and allow the Maintenance Committee take over all maintenance duties.By proper motion by Ms. Kineke, seconded by Mr. Toth, it was unanimously approved to eliminate the purchase of light bulbs for residential light poles and to finish using the current inventory on hand.
By proper motion by Ms. Kineke, seconded by Mr. Toth, it was unanimously approved for management to provide the Board with only one Board Package rather than a set for each Board member which include copies of all correspondence and other informational paperwork and to provide the package to Mr. Verhagen, who in turn, will distribute any copies needed to the rest of the Board.
By proper motion by Ms. Kineke, seconded by Mr. Toth, it was unanimously approved for management not to create or enter into work orders/contracts without first discussing the matter with the Board.
By proper motion by Ms. Kineke, seconded by Mr. Toth, it was unanimously approved to amend the above motion by inserting under contracts, the words "which has a cost" and to insert "with a member of the Board", and include the words "except in emergencies where lack of action will cause inconvenience or threaten the welfare of any owners, or would result in increased cost or damage." With the above amendments, the motion would now read as follows: "By proper motion by Ms. Kineke, seconded by Mr. Toth, it was unanimously approved for the management not to create or enter into work orders/contracts which has a cost without first discussing the matter with a member of the Board, except in emergencies where lack of action will cause inconvenience or threaten the welfare of any owners or would result in increased cost or damage.
By proper motion by Mr. Hirsh, seconded by Ms. Kineke, it was unanimously approved the Social Membership Liaison Committee appointed by the previous Board President will be immediately dissolved.
March 14:
Rescind Architectural Fee of $5.000: By proper motion by Mr. Thayer, seconded by Mr. Hayes, the Board rescinded the authorization of $5,000 to explore the purchase of Tract A.Rescind Commitment of $11,500 for Engineering Study: By proper motion by Mr. Thayer, seconded by Ms. Bodnar, the Board rescinded its authorization for $11,500 for an engineering study to be conducted by DMK Corp.
Authorize Contract for $2,100 to replace roof on Guardhouse: By proper motion by Mr. Thayer, seconded by Mr. Hayes, the Board authorized an expenditure of up to $2,100 for total roof replacement at the entry guardhouse.
Ratify Agreement with Seminole Lakes Inc. for Contribution for Road Repairs and Guard Salaries: By proper motion by Mr. Thayer, seconded by Mr. Hayes, it was approved to ratify an agreement with Seminole Lakes Inc. for $20,000 to be paid over 10 years at $2,000 per year for Seminole Lakes, Inc. contribution for long term maintenance of the road. It was indicated by Mr. Glindmeier this represents a 20% contribution over 10 years for repaving the roads which is estimated to be $150,000 every 15 years. The agreement will be reviewed by the association Attorney.
The motion was amended and further moved to establish a Community Liaison with Seminole Lakes, Inc. and Frank Glindmeier was appointed to the post to conduct liaison activities for ongoing items of mutual interest between the Association and Seminole Lakes Inc. regarding Pool Issues and other issues of common interest.
By proper motion by Ms. Bodnar, seconded by Mr. Cotyk, the Board recessed for continuation of the Annual Members meeting.
2004
December 13:
Engineering Study for Reserves: By proper motion by Mr. Hayes, seconded by Mr. Cotyk, a Reserve Analysis Study was authorized for all Reserve items.Approval of Fee for SWFWMD Permit: Referencing a memo from Jack Stevenson dated May 27, 2003, a copy of which is attached to and made a part of these Minutes, by proper motion by Mr. Thayer, seconded by Ms. Bodnar, it was moved to contribute to Water Use Permits for Southwest Florida Water Management District paid by Reliable Homes. It was approved to reimburse Reliable Homes the amount of $2,287.78 with a cover letter indicating that the Association assumes no responsibility for the management of the water system or any penalties incurred under Reliable Homes’ management of the use of these permits. The motion carried with Mr. Cotyk and Mr. Hayes dissenting.
Retain the Services of our Present Auditor: By proper motion by Mr. Hayes, seconded by Ms. Bodnar, it was approved to remove fixed assets from the Balance Sheet. The motion passed with Mr. Hayes dissenting.
November 8:
Approval of Greenscapes 2005 Landscaping Contract: By proper motion by Mr. Hayes, seconded by Ms. Bodnar, it was unanimously approved to renew the contract with Greenscapes for 2005 landscaping at a cost of $294,940.Ratify street Lighting contract for Front Entrance: By proper motion by Mr. Thayer, seconded by Ms. Bodnar, it was unanimously approved to accept the contract with Doyle Electric at a cost of $18,545 to provide new lighting for the entrance.
Sod: By proper motion by Mr. Thayer, seconded by Mr. Hayes, it was unanimously approved to install 20,000 square feet of sod in the common areas at .45 cents a square foot.
October 11:
Umbrella Insurance Addition. By proper motion by Mr. Thayer, seconded by Mr. Hayes, a premium of $4,575 for the umbrella replacement rider was unanimously approved.September 1:
By proper motion by Mr. Thayer, seconded by Mr. Hayes, it was approved to authorize the contract with Greenscapes for debris removal. A copy of the contract is attached. By proper motion, it was approved to not contract with Bates for this service.August 31:
By proper motion by Mr. Cotyk, seconded by Mr. Thayer, it was unanimously approved to accept the proposal from Bates & Company Construction, Inc. to remove all debris from front yards and roadways to a location identified and approved for all local agencies, including but not limited to Highway 41 South of the complex.By proper motion by Mr. Cotyk, seconded by Mr. Thayer, it was unanimously approved to have counsel contact the City for reimbursement of any funds spent to clear the roads.
August 14:
By proper motion, it was unanimously approved to accept the proposal from NTTI in the amount of $22,000 for cutting down and topping trees on the east side of the intersection of Seminole Lakes and Stillwater.August 9:
Ratify Planting Contracts: By proper motion by Mr. Thayer, seconded by Mr. Cotyk, it was unanimously approved to accept the proposals with Greenscapes.By proper motion by Mr. Hayes, seconded by Mr. Cotyk, it was unanimously approved to accept the contract with Lake Doctors at an initial cost of $450 and $300 monthly thereafter for maintenance of all the lakes and lake shores under Association control – Lake A and certain portions of Lakes D through H.
A motion to ratify the decision to add a rider to our insurance policies to guarantee that any volunteers doing work for the POA are covered in the event of an accident or injury and increasing the umbrella liability policy from 1 million to 10 million dollars was made by Frank Glindmeier and carried.
June 14:
Post Light Bulb Replacements: By proper motion by Mr. Hayes seconded by Ms. Bodnar, it was unanimously approved to purchase light bulb replacements to be kept at the entrance shack.By proper motion by Mr. Thayer, seconded by Mr. Cotyk, it was unanimously approved to adopt the compliance policy attached to these minutes and made a part hereof.
Correspondence: By proper motion by Ms. Bodnar, seconded by Mr. Hayes, it was unanimously approved, since the Grapevine will not be published in June, to send a letter to owners enclosing a copy of the Minutes, the President’s Report, the Treasurer’s Report, a copy of the Compliance Policy, a notice that the POA and its designated agent, Greenscapes, has the right to enter property for the purposes of changing the sprinkler timer for adequate watering, and a copy of the Motion to Intervene.
June 10:
Settlement with Seminole Lakes, Inc.: A motion was made by Marvin Hayes to accept the settlement with Seminole Lakes, Inc. which was seconded by Helen Bodnar. A question was asked by Bob Cotyk as to whether or not the rewording of the agreement had been submitted to Association attorney for review. Frank Glindmeier responded that it had been submitted to the attorney three weeks prior but there had been no opinion from the attorney. Frank Glindmeier also noted that the rewording was limited to a statement about the construction of the wall beginning 40 days after Final Judgment. With no other discussion, the Board voted 3 (Frank Glindmeier, Marvin Hayes, and Helen Bodnar) to 1 (Bob Cotyk) in favor of a settlement agreement with Seminole Lakes, Inc. concerning Tract C. There was one abstention (Max Thayer).Rights of Access and Parking: The issue regarding Article 10, Section 2, access and parking policy of non-residents which was tabled at the March annual meeting and deferred to the present meeting was discussed. The legal opinion was inconclusive. A motion was made by Max Thayer to table the issue until the lawsuit of Tract C is resolved and then re-approach the issue with the owner of the golf course at a later time. Motion was seconded by Marvin Hayes and motion was carried by unanimous vote of the Board.
Contact with POA Attorney: Bob Cotyk made a motion to allow any Board member, through the Board President or property manager as contact person, to get legal advice for POA matters without the consent of Directors. Motion was seconded by Max Thayer. After a brief discussion, the motion carried by a 4-1 vote.
Grapevine Advertising Plan: a proposal from Al DiSessa, Communication Committee Chairman and editor of the Grapevine, came before the Board. The proposal consisted of free advertising for residents and ad pricing for inserts and service ads in the Grapevine. A motion was made by Marvin Hayes to accept the proposal from Al DiSessa, except for the provision relating to committees, which was seconded by Helen Bodnar. The motion carried by unanimous vote of the Board.
Award of the Management Contract: A motion was made by Bob Cotyk to award a multi-year management contract to Bensons, Inc. which was seconded by Marvin Hayes. The motion was passed by unanimous vote of the Board.
April 12:
A motion was made to accept the new procedures and content for the Grapevine Newsletter by Max Thayer and seconded by Helen Bodnar. A vote by the Board was unanimously approved.March 8:
Dick Swett moved to consider the 19mph speed limit, and Almira Kineke seconded the motion. Discussion followed. Bob Toth indicated he thought the change was beneficial to the community. A member of the audience inquired about the cost to change the signage. Jay Huber responded that the committee would be making new numbers to adhere to the old signs and would no more than $25-$50. The audience applauded. Dick Swett moved to revise his motion to approve the 19mph speed limit (rather than consider), and Almira Kineke seconded the motion. The Board voted unanimously to pass the 19mph speed limit.February 9:
Lakes and Roads: Jim Guard reported that the Committee has requested the contractor to repair a few areas where a previous repair has failed. The headwalls were recently stabilized on Lake A and completed under budget. Erosion on Lake D will be limited as recent plantings begin to spread. A quote from Earth Balance for $4,565 to plant 8300 plants around Lake A in May was presented. The project is to prevent additional erosion and is required by Swiftmud. Dick Swett moved to approve the bid. Dan Langone seconded the motion, and it was passed unanimously.Landscaping: Pat Hart reported the Committee met with Greenscapes twice during the month. The committee visited some homes invaded by carpet grass. Removal would require Round-Up and re-sodding and is not covered by the contract. The committee revisited the Laurel Oaks sign and made some changes to their original plans. The Committee recommended irrigation and plantings totaling $685.00. They also requested $545.00 for irrigation and plantings for the Burnt Store wall area. Finally, the Committee requested $250 for rebuilding a large pump on the common ground. Dan Langone moved to approve the three requests. Dave Osweiler seconded the motion. Discussion followed on the feasibility of a re-built pump versus new as well as the additional irrigation and plantings. Dan withdrew his motion and moved to approve the pump repair only. Dick Swett seconded the motion. The Board passed the motion unanimously.
Creative Arts: Gayle Morris discussed the success of the January 29th picnic and encouraged residents to participate in the March 7th walk-about. The Committee’s Treasurer, Marvin Aronow, requested Board approval to open an account and also asked for $200 for the account. Dick Swett moved to approve the request. Dan Langone seconded the motion. Discussion followed, a vote was taken, and the motion passed.
Almira Kineke announced the upcoming Candidates night on March 2nd. She moved to support the forum every year (Anticipated cost is $175.00) Dick Swett seconded, and the motion passed unanimously.
January 13:
Almira Kineke moved and then amended her motion to accept the proposed Rules & Regulations as amended, with asterisk notation for items covered under the covenants. Dan Langone seconded and the motion passed unanimously.Dan Langone moved and Dick Swett seconded that committee reports be summarized in the minutes and copies of the reports to be maintained in the permanent file. This is recommended to reduce the number of pages and associated cost to publish and distribute the minutes. The motion passed unanimously.
2003
December 8:
Dick Swett moved that any resident wishing to enclose their lanai must first obtain a permit from the City and then submit a written request to the Architectural Review Committee for a final decision. The motion was seconded and discussion followed. A vote was taken and the motion passed unanimously. The motion reads: Any resident wishing to install an enclosed lanai must obtain a building permit to insure that you conform to the current building codes of Punta Gorda. Following the obtaining of the permit, you are required to submit your written request for the building change to the Architectural Review Committee for their approval. Any denial by the Architectural Review Committee will be reviewed by the full Board before any final decision is made.David Osweiler moved to expend $17,000 from the reserve account to repair Lake A. The motion was seconded. A vote was taken and passed unanimously. In addition, David Osweiler moved to expend $1,000 from the operating budget for the Lake E repair. The motion was seconded. A vote was taken and passed unanimously.
Dick Swett moved to pass a motion limiting use of an attorney for POA business. Dan Langone seconded the motion. Discussion followed. A vote was taken and the motion passed (Kineke-no, Langone-yes, Osweiler-Yes, Swett-Yes, Toth-yes). It reads as follows: No member of the POA Board of Directors, Committee Chairman, or Property Manager is authorized to contact any law firm seeking advice or legal opinion for POA purposes at POA expense without first discussing the matter with the Directors. A majority vote of the Directors will dictate whether authorization is in order. In an emergency, the President will have emergency approval but must within 3 days, notify all Board Members.
November 10:
Appointment of Director: Bob Toth stated that Dan Langone had offered to fill the vacancy on the Board. Dave Osweiler made a motion to appoint Dan Langone to the Board. Bob Toth stepped down from the chair and seconded the motion. After concern by Almira Kineke and discussion, Bob Toth called for a vote: Dave Osweiler, yes, Bob Toth, yes, Almira Kineke, abstained. The motion passed.Greenscape Contract: Bob Toth reviewed the Greenscape contract for 2004.A two year contract has been negotiated at a fixed price as of January 1, 2004. The cost of the contract is $282,636 annually, although we have the option to remove additional grub treatment in the second year at a reduction of $34,260. Almira Kineke made a motion to approve the Greenscape contract. Dave Osweiler seconded and the motion passed unanimously.
October 13:
Tree Trimming: Bob Toth stated that there were 24 oaks needing to be trimmed in the front entrance prior to the paving trucks coming in. He mentioned that it would be $80 per tree and wanted the Board of Directors to make a motion to have the trees trimmed, totaling $1,920.00. Dave Osweiler made the motion and Dick Swett seconded the motion, the motion was passed.October 10:
Bob Toth made a motion that Almira Kineke be removed as president of the POA Board, effective immediately. Dick Swett seconded the motion. After a statement by Almira Kineke, statements from Ken Ledford and Bob Toth and questions and discussion from the floor, the motion was restated. The vote followed: Bob Toth, yes, David Osweiler, yes, Dick Swett, yes, Ken Ledford, no, Almira Kineke, abstained from voting. Motion was passed.September 8:
Mr. Ledford motioned, and Mr. Toth seconded to install additional plants behind the Feathersound home property line at a cost of $1,500. The motion passed.Water Use Permit: The Developer has requested a 50% POA contribution for the cost of obtaining a water use permit for irrigation. Seminole Lakes uses this system and if this was a stand alone system using the same type of methods for withdrawal the POA would be required to obtain their own permit. The Developer has contacted Swiftmud to support his request. Mr. White recommended to approve the payment. The Board discussed and after no further discussion, Mr. Swett motioned and Mr. Osweiler seconded to pay 50% of the water use permit. The vote was as follows: Dick Swett, yes, Ken Ledford, no, Bob Toth, no, Dave Osweiler, yes, and Almira Kineke, no. Motion failed.
Roads: After a report from Jim Guard regarding contractors and proposals to repair several bad drainage areas, repair pavers and resurface the roads; Bob Toth motioned to repair the pavers at the guard house, replace and repair the Miami curbs at areas not draining properly and resurface all the roads in Seminole Lakes. The committee will review all proposals and determine the contract for each phase of the project, not to exceed $160,000. Dave Osweiler seconded the motion, motion passed.
Front Entrance Project: Mrs. Hart explained the over run of $15,000 on the cost of the front entrance project was due to the upgrade of the electrical system and boring under the streets. After no further discussion, Bob Toth motioned and Ken Ledford seconded to approve the expenditure of $15,000 for the upgrading of the electrical system and boring of the streets, motion passed.
Transfer of Surface Water permit: Bob Toth informed the board that AMS Engineering has been hired to review the request made by the Developer to transfer the surface water management permit to Seminole Lakes POA. After no further discussion, Bob Toth motioned and Dick Swett seconded to hire AMS Engineering to review the Swiftmud water management permit at a cost not to exceed $1,000.00; motion passed.
June 9:
Transfer of Property Document: Alan White explained to the Board, a need to have a transfer of property procedure. He distributed copies of the resale buyer’s information sheet, used by Star Management. Bob Toth motioned to accept the transfer of property procedure recommended by Star Management. It was seconded by Dick Swett; motion passed.Front Entrance Landscape Project: Pat Hart explained the front entrance project in detail and took questions fro the Board and resident. Detailed drawings and proposals were provided to the Board and residents. Dick Swett motioned to fund the landscape project; install new lighting, new irrigation and new shrubs for entrance islands #3, #2, #1A and #1B with monies in the landscape and contingency funds. Work to be performed by Greenscape. Final approval and acceptance will be given by the Landscape Committee representative and responsible Board Member prior to any distribution of funds. Total additional funds needed to complete this total front entrance should not exceed $37,000. Seconded by Bob Toth, motion passed.
May 12:
Amenities: Howard McCormack reviewed several items of concern including the condition of the pool area, a letter has been sent to Ken Ledford addressing all concerns. Ken Ledford made a motion to send the developer a letter, requesting that the six items are addressed. Dick Swett seconded the motion and the motion was unanimously approved.Intersection Lighting: Ken Vasey presented several options to the Board regarding the types of lighting available for the intersections and the costs for each proposal. Ken recommended installing temporary post lights, similar to the existing post light in front of each home to test the effectiveness of this type of lighting at the intersections. The cost for the temporary installation will be approximately $200. If this is effective, the lights will be connected to the adjoining home and the home owner will be reimbursed for electric cost for the light. Dick Swett made a motion to approve the temporary light test, Ken Ledford seconded the motion and the motion was unanimously approved.
Roads and Lakes: Jim Guard reported that they had reviewed the bids received from Winns and Abbott for the repair of Lake D. Abbott has provided the best price $7,860 and can start work in 2-3 weeks. A proposal from Greenscape for sod replacement will be $2,000. Access to the lake will be between the houses and any damage to the landscape will be repaired at association cost. Abbott has been recommended by Johnson Engineering. Bob Toth made a motion to approve the repair of Lake D bank by Abbott and Greenscapes at a cost not to exceed $10,000. The motion was seconded and unanimously approved.
Common Grounds: Bob Toth recommended a survey of common grounds be prepared to establish property lines. Chuck Hart has volunteered to work with a survey crew, and the maintenance committee can install concrete markers at identification points. Markers and maps will be provided as part of the contract. The cost will be approximately $6,000. Bob Toth made a motion to approve a survey by Johnson Engineering at a cost not to exceed $7,000. Dick Swett seconded the motion and the motion was unanimously approved.
Bob Toth made a motion to cancel the Board meetings in July and August due to availability of Board Members. The motion was unanimously approved.
Ken Ledford made a motion to continue attending the Homeowners Coalition Group meetings and investigating the group. The motion was unanimously approved.
Dick Swett made a motion to create a new committee – Creative Arts. The motion was seconded and unanimously approved.
April 14:
Landscape: Almira Kineke made a motion to approve the landscape improvements, not to exceed $20,000 which is within the budgeted amount of $30,000 for this year. Bob Toth seconded the motion stating that the bid from Greenscapes is based on the specifications. After much discussion, the Board voted: Almira Kineke, yes; Bob Toth, yes; Ken Ledford, no; Jay Ward, no; and Bob Anderson no. The motion failed.Bob Toth made a motion to proceed with phase one at a cost not to exceed $15,000; Almira seconded the motion. Discussion followed, Bob Anderson asked the committee to compare the proposals prior to approval. The Board voted: Almira Kineke, yes; Bob Toth, yes; Ken Ledford, yes: Jay Ward, no; the motion passed.
Feb. 10:
Almira Kineke made a motion to accept Greenscape as the new landscape contractor. Jay Ward seconded the motion. Motion passed unanimously.Ken Vasey made a motion to accept the security gate maintenance contract. This contract covers quarterly inspections, adjustments and minor repairs. Motion was seconded and passed unanimously.
Almira Kineke made a motion to approve sending a 10 day notice letter to two specific homes and to specify that if the roofs are not cleaned within the 10 day period, the Association would hire a contractor to do the work and then bill the homeowner. Ken Vasey seconded the motion. Motion passed unanimously.
Jan 13:
Enclave Offer from Developer: President, Robert Anderson stated that the Board of Directors believed this to be a viable offer, and stated that if the Amendments pass, this item would require 2/3 approval of those members present or by proxy to change the use restrictions.One resident stated that amending Article XI would allow a minority to make changes and felt it would not be in the best interest for the Association. Overall, a number of residents had stated that they really didn’t understand what they were voting for, and felt that they were not sufficiently informed in order to make a proper decision. One resident then suggested that the Board table the complete ballot in order to do further study on the proposed changes and to better inform the residents on what would transpire should the changes be approved.
Due to the number of residents who were against amending Article XI and many who were confused; Motion: Treasurer, Almira Kineke made a motion to the Board to go forward with the vote on everything listed on the ballot except for the item amending Article XI. Motion was seconded by Ken Vasey. Motion was not approved.
Secretary, Bob Toth then made a motion to amend the motion made by the Treasurer, Almira Kineke to have the Board of Directors table the membership voting on all the proposed amendments. Motion was seconded by Ken Vasey. Board Members Ken Vasey and Bob Toth voted yea and Almira Kineke voted nay on the motion. Motion was approved.
2002
November 11:
Bob Anderson reported on the recommendations of the Covenants Committee. First change was to expand the Board from 5 to 7 members with staggered terms. The first four candidates elected by order of their vote tally will serve two years and the final 3 will serve one year. Second change is to establish the annual meeting be held at 2pm on the second Monday of March each year. Third, to change the by-laws requiring persons running for the Board to submit a letter no later than 45 days prior to the vote. Alan White reported the attorney submitted some suggestions for changes to the covenants. Alan read the recommended changes:A motion was made by Almira Kineke to accept the changes. Bob Toth seconded and Jay Ward abstained. The motion was approved.
Almira Kineke motioned to approve the cancellation of the December board meeting. Ken Vasey seconded and the motion was unanimously approved.
Almira Kineke made a motion to accept the budget as proposed. Bob Toth seconded the motion and motion was unanimously approved.
October 8:
Bob Anderson presented a revised Enclave offer from the Developer which consists basically of two changes; provide up to $400 toward the cost of the mailing and eliminating the issue of the swimming pool. Alan White informed residents of the voting procedure and discussion followed. The Board stated their position on the most recent offer received from the Developer. Almira Kineke made a motion not to endorse the offer. Motion was seconded by Bob Toth. Bob Anderson, Bob Toth, Almira Kineke do not support the revised proposal. Ken Vasey abstained. Motion was approved not to endorse the offer.Ken Vasey motioned that all requests for transponders be limited to owners and renters of one month or more. Month was approved unanimously.
Almira Kineke made a motion to approve up to $4000 for the audit and preparation of the POA 2002 tax return. Bob Toth seconded and motion was unanimously approved.
Almira Kineke made a motion to approve the spending of $3,925 for Dennis’s Tree Service to fertilize, trim, remove trees and clean-up front entrance. Bob Toth seconded and motion was unanimously approved.
Ken Vasey made a motion to approve $1100 for re-stripping of the roads and four speed signs. Almira Kineke seconded and the motion was unanimously approved.
Bob Toth made a motion for the meetings to be held the second Monday of the month at 3:00 pm. Almira Kineke seconded and the motion was unanimously approved.
September:
Developer Enclave Negotiations: Becker & Poliakoff attorney, Austin White, gave details of the proposed zoning of the Enclave development and advised that a change to the covenant would have to be made regarding Tract C. The vote would be to change Tract C and part of Tract E from golf course property to be used as residential purposes. The developer made an offer in exchange for 2/3 approval vote of the membership. The Board put together a list with 11 points they felt would ensure the 2/3 vote. After much back and forth negotiating, Mr. Stephenson asked that he receive an answer to his offer with a guaranteed 2/3 approval vote by November 30, 2002. Mr. Stephenson asked the Board to pass a written resolution endorsing the modification of the declaration of restriction allowing Tract C to be used for residential purposes and that a meeting of the POA members be held in November to approve the proposed amendment therefore avoiding any other legal processes. Discussion was opened up to the residents and the feelings of the membership were mixed on the discussion to approve the final offer received from the developer. A motion was made by Jay Ward to present the proposal to the membership to vote on a change of the covenants to Tract C and a port (yet to be defined) of Tract E from golf course to residential use. Vote to be conducted in November 2002. Vote is conditional on receipt of commitment from developer guaranteed in writing and legally defined delivered to Becker & Poliakoff by the close of business the 25the of September 2002. Said commitment to include the POA, Board and membership are not liable if 2/3 approval vote is not obtained. Motion was seconded by Bob Toth. Motion passed unanimously.Board Increase: Joe Brown spoke for the committee recommending the board be increased from 5 to 7 members, staggering the term for the board and to change the Annual Meeting date to the second Tuesday in March 2003 and meeting to start at 2:00pm. Motion to approve the committees recommendation was unanimously approved by the Board.
Deed Transfer: The board acquired Coastal Engineering to help in the process of the deed transfer. Bob Anderson made a motion to approve the proposal from Coastal Engineering dated September 4 for assisting in the process of assuring the deed is proper and signing of the deed. Quote not to exceed $10,000. Jay Ward motioned to approve, Bob Toth seconded. Vote was unanimously approved.
RV’s: Jay Ward reported in the rules, RV’s are not permitted to park on Seminole Lakes property. Jay Ward agreed the rule needs to be reviewed and the covenant changed. After discussion, Ken Vasey motioned the topic be tabled until next meeting. Almira Kineke seconded the motion and it was unanimously approved.
April 23:
Ken Vasey made a motion that the Board continue to enforce the Covenants and Restrictions as interpreted by the attorney and not allow boats on the lake. Ken also requested that the new Board address this issue when they take over. Daisy Hitchcock seconded the motion. The Board were polled individually: Richard Burget, yes; Daisy Hitchcock, yes; Ken Vasey, yes; Bob Toth, yes: and Bob Cotyk, no. The motion passed.March 19:
Bob Toth made a motion to approve an amount not to exceed $8,500 to authorize Coastal Engineering to review records, survey property, soil-testing, writing specifications, secure bids to repair and prevent future erosion on Lake D. The motion was seconded by Richard Burget and unanimously approved.Security Guards: Mr. Cotyk suggested that Eddie O’Donnell replace retiring Bill Weitz as head of the security guards. Eddie’s responsibilities will include scheduling of security staff, hiring and firing, training and maintenance of gate. Eddie will be reporting to Ken Vasey who will have the title Head of Security. Bob Cotyk asked that the board approve an increase of $2 an hour which will bring the hourly pay to $10 for Eddie in his new position. Bob Cotyk told the board that Eddie’s position is 40 hours a week, including two weeks vacation along with holiday pay and that there is no health insurance coverage. Bob Toth made a motion per the above, which was seconded. All directors approved with the exception of Ken Vasey, who abstained.
March 12:
Back Entrance: Bob Toth motioned for an approval of $1500 for the concrete walk along with gate, latch and all installation. The motion was seconded and passed unanimously. The Board will also look into getting keys for the back gate that cannot be duplicated for those who will be using the walk through gate.January 8:
Umbrella Policy: Brown & Brown Insurance misquoted the cost of the Umbrella Policy discussed at our last meeting. The cost of the $1M coverage will be $750 not $300 as they previously quoted. This policy along with our liability policy will give us a $2M coverage in total. Bob Toth made a motion to approve the Umbrella Policy at a cost of $750. Motion was seconded and approved unanimously.Amenity Purchase Feasibility: Jay Ward presented a report and then requested the Committee be dissolved. Dick Burget made a motion to dissolve the Committee. Motion was seconded and unanimously approved.
Ken Vasey suggested that the Board and Management investigate the feasibility of the purchase of the land adjacent to the main entrance. Daisy Hitchcock made a motion to approve. Motion was seconded and unanimously approved.
Lake A: A resident is of the opinion that residents around Lake A should be allowed to sail a non-powered boat on the lake. After attorney meetings, it was confirmed that no boats are allowed. Bob Cotyk recommended asking the Court for summary judgment, and the Association will be responsible for all attorney fees, including those for the resident’s attorney. Dick Burget made a motion to approve Court action to resolve this issue. Daisy Hitchcock seconded the motion and the motion was unanimously approved. Daisy Hitchcock made a motion to approve the resident’s attorney fees be paid by the Association. Dick Burget seconded the motion. The motion was unanimously approved.
2001
October 9:
Review of Roads and Culverts: Alan White went over the Coastal Engineering proposal (review of the roads and culverts). He added that Charlotte Engineering has been contacted to get a 2nd quote on the work. Charlotte Engineering certainly has the experience in this type of work. They have inspected and set up a similar type of report at Deep Creek. Charlotte Engineering told Alan they would like to spend one to two days walking and inspecting the property with him and some of the Seminole Lakes Board members and conclude with a verbal report, rather than an in-depth report that Coastal is proposing. Charlotte Engineering’s cost for this service would be between $1000-$1500 which is significantly less than the $15,000 bid from Coastal.Bob Cotyk stated that he would like to be able to set up a reserve for future maintenance (roads and storm drain system) in the 2002 budget. He added that we should also get a rough estimate on repaving the roads and defining certain roads when they should require the paving.
Bob Toth made a motion to accept Charlotte Engineering’s bid for the preliminary study. The motion was seconded by Daisy Hitchcock and unanimously approved.
August 14:
Deed restriction compliance letters: Bob Cotyk presented a letter to the Board from Mr. David Oaks reviewing details of Deed Restriction compliance letters. Costs would include $45 for each certified letter that goes out, $650 to file suit foreclosing the claim of lien, and $850 to file suit for a mandatory injunction to comply with the restrictions. Ken Vasey made a motion to approve this fee structure and it was seconded by Bob Toth. The Board approved the motion unanimously.Bob Toth made a motion to retain David Oaks at a flat fee annual basis at $3,500 per year, the motion was seconded by Ken Vasey. The vote was unanimously approved.
Security: Bob Cotyk discussed the security issues and suggested the following: updating the gate system at both gates with the Elite Gate System at a cost of $56,000 whereby the gates are activated by transponders attached to a vehicle with one transponder per homeowner to be purchased by POA at a cost of $18,000. Further to install a 6 foot high chain link fence at the front entrance at a cost of $1,568; increase the existing wall at Acline Road to 6 feet at a cost of $5,000; install an aluminum Deco fence at Acline Road at either side of road, cost $2,079; and landscape open areas behind houses on Feathersound and Burnt Store Meadows. The total cost would be approximately $82,000. The estimated time schedule for installing the new gates is mid-October. The Board and members discussed these details in full.
Dick Burget made a motion to approve this work, Bob Toth seconded it and the motion was unanimously approved. The Security Committee will work with Star Management to proceed.
July 10:
A complaint has been received regarding parking of TruGreen’s trailers on vacant lots. This dispute has resulted in having the police being called and having the homeowner move the car that was blocking TruGreen’s trailer. Alan White asked the board on hot they would like to handle this. Bob Toth reviewed the situation and recommended TruGreen to continue to use the vacant lots. The developer has approved the use of vacant lots for parking of trailers.Bob Toth made a motion to approve the use of vacant lots to park TruGreen’s trailers with the approval from the developer. Motion was seconded by Daisy Hitchcock, and unanimously approved.
June 12:
Automatic Debit Program: In order for the Association to make this service available to its members, the Association must move their operating bank account to Bank of America. Discussion follows. Bob Toth moved to transfer the Association’s operating bank account from First Union Bank of America in order to implement the automatic debit program. The motion was seconded and unanimously approved.