Date: September 26, 2012

 

Attendance

Board Members

Present: Jim McCann, Don Austin, Joe Nicoloff, David Decker, & Gary Kluckman.

††††††††††† Excused: Jason Hicks & Michael Parker

Quorum Present: Yes

 

Others Present

††††††††††† Holishor Members Present 10

††††††††††† Glenn Dalton and Michelle Smith from Holishor Office

 

Proceedings

Meeting called to order at 7:30 PM

Pledge of Allegiance Recited

 

Old Business

Covenant Voting

Jim McCann: We are now at 1120 votes. Votes by membership 617, votes by proxies 503. We are still probably 300 votes short of what we need in order to get done what needs to be done. Weíve established an October 31st deadline. If you know someone who needs to vote and you can persuade them to, please do. Come November 1st the board is going to be in a very precarious situation. The Governor signed the new CICA Law and there is a clause in the new law, that is in effect right now, that allows the Board of Directors of a private association to change the community instruments including the covenants independent of the membership if itís in violation of the law and we have two items that are in direct violation of the law. States one is the right of first refusal which is a violation of the civil rights act and the other one is to allow the membership to vote on assessment increases. Explains it would take away the memberships right to vote on assessment increases and the annual budget and it is not something they want to do. Weíve pleaded, weíve begged, weíve had people go door to door, weíve put names in the Holiday Times and nothing seems to work. We donít even have enough votes that if every single person voted yes that we could get it passed. Explains that they are only two items off the top of their heads and there probably is more but one of these affect us in a huge degree because it then gives the Board of Directors the complete authority to establish assessments as long as it doesnít go more than a 15% increase over the previous year.

David Decker: States you can go up even more.

Jim McCann: You can do it even more and then the membership has two weeks to say they donít like it but thatís all they can say because they canít do anything about it because it only allows them to have a voice. Weíve been preaching this since day one and we still have a block of people out there for whatever reason, whether it is apathy or whatever other reason it is, that are keeping a block of our members in the dark about what is really going on. Itís frustrating as hell because a lot of work has gone into this. If this board does not do this then we are then in violation of a state law. We are covered by indemnity insurance unless the actions we take are willful and wonton and violating a state law is willful and wanton.Speaking for myself and myself alone, I am not going to put myself and my house up for a civil lawsuit.

Don Austin: Just as an example of what he just said, I have a friend who is on a Board of Directors in the St. Louis area and they have 100 members on this high rise. That Board of Directors has determined, based on the standards set by the state of Missouri, that they need new elevators. That is going to cost one million dollars. So, they just wrote an assessment for every member, you will pay this right out of your pocket and there is nothing they can do about it. That can happen. Not what we will do now, but that can happen. So, get those people to vote. We donít want that. This board does not want that power.

 

Slow Moving Vehicle Rule

Action: Tabled for now.

 

By-Law Change Quarterly Review

Action: None taken.

 

By-Law Change Unkempt Property

Action: Put in the Holiday Times and the website.

 

Marina Cable Rule Change

Action: Vote will be taken October 24, 2012

 

New Business

Dredge Operations

Glenn Dalton: Weíre looking at a dredge that is 10 years old and what we are faced with now is a repair that is going to be about $5,700 dollars. States they are having a problem with the cutter head. We are currently dredging. We do have the money in our dredge budget. States heís trying to determine how long he can continue dredging without damaging anything else on the dredge before he makes this repair but he thinks he is going to pull the dredge which will require a crane to pull it out and a trailer to take it to be repaired. Looking at suspending dredge operations next week upon approval of the Board. Would like to purchase the trailer. Itís $750 dollars every time they use the crane to get it in and out of the water. States the items needing repair are circled on the exploded view given to the Board of Directors.

David Decker: Do we have a bid on the trailer?

Glenn Dalton: We do not yet. Weíve started negotiations and itís less than what we have in our reserves for it. The purpose of this is to see if itís going to work.

Jim McCann: Asks how long Heartland Pump will have it in order to get it repaired?

Glenn Dalton: Two weeks. But our intent is to put it back in the order and we are going to dredge until we get ice or we run out of money.

Discussion ensuesÖ.

 

Deck Fund

Glenn Dalton: States they plan on putting the deck to the East of the clubhouse above the public docks. We have almost $10,000 dollars and the money from the pavers which was almost $2,000 dollars and put the remainder into the materials to build the biggest deck they could. It is an industrial type of deck. They will be using treated lumber. This was a fundraised deck and we feel after four years we need to get that portion of it complete. States it can always be added on to. We are taking the plans to the Building Committee this coming Tuesday. Feels we have enough money for the pavers and the materials. Looking for volunteers to come and help build the deck. Hopes it will be done before Thanksgiving.

Jim McCann: Asks if cedar was too expensive.

Don Austin: States cedar is about triple the price.

Glenn Dalton: States they are looking into aluminum pickets.

 

Clay Brown Memorial Letter

Jim McCann: This is a rather unusual request. States most memorials have been in the form of live trees or benches with plaques. This is the first time we have ever had something requested like this of the board. We have a certain style and dťcor around the clubhouse.

Karen Ravetta 851: States she had seen other memorials out here and thought that was very nice and that Clay was liked by a lot of people out here. She states that a palm tree was more his style and she knew she couldnít keep a real palm tree out here alive. Its commercial quality, galvanized metal, and has to be put in concrete in order to be secured. States friends of Clay Brown have donated money to buy it. The artist has agreed to sell at wholesale price, Lanny Yates would be willing to put in the concrete for free and delivery will be free. Should be delivered around middle of October. Itís a piece of art. Its 7 foot, closer to 9 foot with the fronds. Itís steel. Was thinking of complimenting the deck or somewhere around there? Thought about this because she couldnít find a commercial grade quality banana tree.

David Decker: Itís just so different than what we have ever seen. States someone mentioned about putting a bench with the back of it being engraved with a palm tree or banana tree on the deck. Thank you for doing this; itís a very nice gesture.

Joe Nicoloff: States heís worried kids will bend the fronds straight down. Asks about putting a marker around the Beacon Inn where they plant the banana trees instead of a palm tree.

Brian Sciranko 356: States that the palm tree is Clay and people are passionate about it. He would like to have one and feels the steel will be very sturdy. Feels it would be a great asset to the grounds.

Don Austin: Asks how you would feel if it was on the deck. States heís concerned about kids swinging on it too.

Louis Ravetta 851: States he wouldnít worry about kids getting hurt on it.

Ray Garber 1822: It is unique to Holiday Shores compared to what we have had but this epitomizes what Holiday Shores is all about and fits Clay.

Discussion ensuesÖ..

Gary Kluckman motions to approve with board approval for placement, David Decker seconds. Joe Nicoloff opposes.

Action: Motion carries.

 

Open Floor

Brandon & Keisha Parsons 649: We were unable to make the meeting last time. We work crazy hours. We applied for a variance for a fence and we didnít get a chance to show up at the meeting or state our case. We were denied the variance. I donít know if we need to apply for a new form or if I can state my opinion if thatís at all possible.

Jim McCann: I think you did a pretty good job of doing that with the information you presented the board with all the letters and the variance request. Your variance wasnít approved by the building committee; your original plans were altered, initialed and signed when they picked them up.

Brandon Parsons 649: I would like to apologize for that.

Jim McCann: So you knew it wasnít approved, you were then stopped after you started putting the fence up and told it wasnít approved. You started installing the fence anyway and security came over and asked you if you had a permit and you told security that someone at the office had told you that you could install it or something along those lines and you went ahead and installed it without a variance. Then when you did submit the variance, you werenít here to support that. The variance failed for lack of a motion. There wasnít a single board member willing to put forth a motion to even bring it to a vote. So there wasnít a single member of the board who was willing to vote for the variance. We donít allow shadowbox fences under our current building regulations and you were told that when you asked for the permit originally. Your plans were altered and I believe it was your wife that signed off that there would be a gap in it and then you installed it anyway.

Brandon Parsons 649: To be honest with you, Iíve never built a fence in my life. I didnít even know the term shadowbox fence.

Jim McCann: That doesnít matter. Whether you knew the terms or not, our building codes are very specific and we donít allow privacy fences and you were told that by the building committee when you applied for the fence. You were also told that by our association manager and by the chairman of the Building Committee after you started putting the fence up and were told to stop.

Brandon Parsons 649: I was told that he would come back and I would be informed of whether or not I could finish building it.

Jim McCann: No you werenít. Thatís not what you were told. The man is sitting right here, the other one is sitting right over there and thatís not what you were told. Theyíve already told us what was said. Weíre not real big on people asking forgiveness instead of permission which is exactly what youíve done here.

Brandon Parsons 649: Iím not asking forgiveness.

Jim McCann: Weíre telling you, you canít have that fence and I know youíve discussed it with Glenn. Unless someone on the board has changed their mind, I donít believe they have, we donít have a new variance request and nothing went back before the building committee before tonight. From our perspective your variance has already been denied and you need to remove the boards on one side or redo the fence so that it meets our current specs otherwise as Glenn told you, you will be fined in accordance to our rules and regulations.

Keisha Parsons 649: When I applied for the fence originally the form showed three pictures and under the three pictures, the pictures were the same, let me just clarify, and under the pictures it said different names. The pictures were the same. It did not show a shadowbox.

Jim McCann: It was crossed out and initialed by you on there which fence you would build and it said there would be a two and ĺinch gap in the boards. It was circled on your permit and you initialed it.

Brandon Parsons 649: The way we understood it was there was a four inch gap between each board on each side.

Joe Nicoloff: But you crossed out the shadowbox fence and initialed it.

Keisha Parsons 649: We built it July the fourth weekend. I got a call the following week stating that Gerry Theodor had not actually seen the fence visibly himself. Quote unquote, he was at a handicap to what someone else was telling him. Three weeks pass by no call, no letter, no warning, and no notification as to yay youíre good, no youíre not.

David Decker: I think what weíre saying is the issue is you built a fence out here that is not allowed, however it got built. At this point I donít really think it matters. The concern is it doesnít meet the requirements and there is a request that you make it in compliance. Youíve asked for a variance to leave it up as built and unfortunately for you the board hasnít been willing to approve that. You really have two choices at this point. One is to build it so it meets the specs, take it down completely or be subject to a bunch of fines which nobody wants to do. I think thatís where we end up. You did a great job of installing it.

Brandon Parsons 649: What are the reasons for no shadowbox? Itís in the rules, that was the reason?

Jim McCann: Itís in the rules. We have rules and regulations which we approve. Itís a nice looking fence. The thing is, itís not the first time someone has done this and we have made other people after they installed them since this rule has been in place, do exactly what weíre asking you to do now and they have. When you move into a private community youíre subject to the rules and regulations of that community and this is one of them.

 

Jim McCann entertains a motion to adjourn, Don Austin moves, and David Decker seconds.

Meeting Adjourns at 8:40 p.m.

Meeting minutes submitted by Joe Nicoloff.†††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††††