DEERHAVEN PROPERTY OWNERS ASSOCIATION
BOARD OF DIRECTORS MEETING
SATURDAY, October 12, 2013 – 9:00 A.M. – BLUE LAKE CLUBHOUSE
Renea Latham, Chairman Tom Burt, Treasurer
Diane Dietert, Director Mary Armagost, Secretary
Randy Delmastro, Director Frank Preston, Road Commissioner
Mark Malcom, Director Jerry Pruett, Lock-up Commissioner
Pam Hutchins, Director
Sandi Becraft, Director/Vice President
The following were also in attendance: Jim Maughan, Dee Olsen, Pam & Dwight Vandervort, and Michael Walsh.
1. Chairman Latham called the meeting to order at 9:02 A.M.
2. The first order of business by Chairman Latham was to present/approve Dee Olsen as a new Board member, serving out the remainder of Roxanne Silva’s term. A motion was made by Director Malcom & seconded by Director Delmastro approving Dee as a new Board member.
The motion carried unanimously.
3. The next order of business was to approve the minutes from Special Board of Director’s and Executive meetings held on August 24, 2013. A motion was made by Director Dietert and seconded by Director Delmastro to approve these minutes. The motion carried unanimously.
4. The next order of business was to discuss/approve an addendum to the minutes of 7-13-13 per Michael Walsh’s request. A motion was made by Director Dietert & seconded by Director Malcom to approve the following addendum, which will be attached to these minutes and also be attached to the 7-13-13 minutes.
Mr. Walsh was a late arrival at the meeting and began reviewing the same items that had previously been discussed with both Mr. & Mrs. Vandervort, mainly the way votes are cast and counted (50% plus1 being required for passage of an Amendment to the Restrictive Covenants). Mr. Walsh also offered his services to the Board should they decide to go back into the Archives and review any previous voting.
The motion carried unanimously.
5. The next order of business was the Chairman of the Board Report (Renea Latham)
Chairman Latham thanked all of those who helped Frank Preston remove the elm tree that had fallen on Mountain Drive during our recent rainstorm, Mark Malcom, Randy Delmastro, Jerry Pruett, Jim Maughan, Jerry Latham & Paul Oakley.
Chairman Latham stated that she had met with our attorney regarding an Indemnity Agreement, since she did not have a copy of the form with her, this Addendum will be voted on by the Board by email and if approved a copy of the Indemnity Agreement will then be sent out to all homeowners/lot owners.
Chairman Latham also stated that in regards to the offer from Habitat for Humanity of their lot in Deerhaven, our attorney felt that it was in the best interest of Deerhaven to decline. A letter to this affect will be sent to Habitat for Humanity. A motion was made by Director Delmastro and seconded by Director Olsen to decline this offer. The motion carried unanimously.
Chairman Latham also stated that with all of the current requests for permits, etc. that we still do not have an Architecture Chairman and requested that if anyone knew of someone who would fill this position to please let her know. Additional items will be discussed under the Architecture Report.
Chairman Latham also stated that we have had lots of complaints, lawnmowers on the side of the house and trailers we are dealing with. Letters have been sent out regarding these items along with a phone call on 9-16-13 to Tina Strong regarding trailers on her property and parking of cars on a vacant lot adjacent to her property. Chairman Latham stated that they were given the option of putting their trailers in the lock-up however Jerry Pruett stated he had not heard from them at this time and a letter will be sent to them regarding this matter.
6. The next order of business was the Treasurer’s Report (Tom Burt)
Tom presented the Board with the Budget Report for the period of 7-01-2013 through 6-30-14. This budget had been presented previously to the Board; however it wasn’t approved at that time. Three changes were made to the original budget, Attorney fees were increased to $8,000 rather than $4,000. Chairman Latham also noted that Nelda Hendricks has agreed to be our Notary and her Notary Bond fee needs to be included in this budget. It was also noted that an additional $1,000 was included in the Budget for a new computer, if it is needed; Tom feels the current one is ready to crash and he wanted the funds approved in case this happens.
Tom also presented the Board a Statement of Accounts for the period of 7-01-13 through 10-12-13.
Prior to approving the Budget and Statement of Accounts, Frank Preston addressed the Board regarding the two items listed under “Road Commissioner Report”, which could affect the budget as presented.
a. Discuss/action taken regarding $400-500 quote per mowing of our roadways. Frank stated that the Kabuda has been repaired; however he felt that it was a good idea to contract for at least four mowings a year and no more than six, and that any additional mowing needed, prior to holidays, etc., he felt the Kabuda could handle that. The Board also discussed continuing with both of our agreements for mowing, one to mow the entrances & the other one for mowing the park. Director Dietert made the following statement as follows “authorize Tom Burt to contact the person to do the regular mowing of our right of ways; however it was not to exceed $500 per mowing and not to exceed six mowings per year”. Director Becraft stated that she would also contact both parties currently mowing our entrances & park. It was agreed that funding for mowing the entrances would come out of the Beautification Fund. A motion was made by Director Delmastro and seconded by Director Malcom approving this recommendation. The motion carried unanimously.
After further review of funds currently received, unpaid dues and expenses, and insurance coverage, a question was presented to the Board regarding filing of liens on those with unpaid dues, which the POA does file after a certain amount of time. Michael Walsh also informed the Board that when a lien is now filed, it is also required that you inform the mortgage holder of this action. Secretary Armagost also informed those present that this coming Thursday members of the WCID will meet with the Texas Water Development Board as they are on the agenda for approval of their loan for upgrading our water lines, Tom Burt informed those present that this is what the $35,000 payment in the Budget is for. A motion was made by Director Delmastro and seconded by Director Malcom to approve the Budget and the Statement of Accounts reports with the above changes. The motion carried unanimously and a copy of these reports become a part of these minutes.
7. The next order of business was the Park/Landscaping Report (Jerry Pruett)
a. Repairs to the Westside gate: Jerry reported that this had not been done, however he does have it chained shut with a sign posted on the inside/outside until repairs can be made. In repairing the gate Jerry stated that he would like to have some expanding wire included & re-key that gate so it can only be opened from the inside to be used as an exit, not an entrance. He felt that the cost to do this would be approximately $25.
b. Extension of the boat ramp: Jerry stated that he had contacted five people for quotes however he does not have any paperwork, which he needs to have for the Board’s approval. It was also noted that when the ramp was last extended the Board paid for 98 square feet in the original contract and he feels they still owe us at least $1,000 from our original contract. The Board advised him to check into this as well.
Regarding designated areas for loading & unloading of passengers and boat tie-ups for 48 hours, a motion was made by Director Hutchins & seconded by Director Dietert to divide the present boat dock area into two areas, half for loading/unloading in the first two slots and the other half for boat tie-ups, the motion carried unanimously.
c. Recovering/replacing buoys. It was noted that Joe Becraft had already taken care of this.
d. Changing age on pool signs to be consistent for age children must be accompanied by an adult. A discussion followed and a motion was made by Director Dietert and seconded by Director Becraft that age 16 would be the age that children would not need to be accompanied by an adult. The motion carried unanimously.
e. Trash cans in the Park Area: This item was not on the Agenda however the Board felt that it was something that needed to be addressed. A motion was made by Director Becraft and seconded by Director Delmastro that there will no longer be a trash can in the park, pool area, or pavilion, whatever you carry in, you carry out. The motion carried unanimously.
8. Road Commissioner Report (Frank Preston)
This was discussed above along with the Treasurer’s report.
9. Architecture Report:
a. Discuss/action taken regarding updating Deerhaven Architecture building permit form; building information form; building permit application form; and building permit fees.
A motion was made by Director Malcomb and seconded by Director Delmastro approving the following as a committee to review the above, Director Olsen, Director Becraft, Director Dietert and Michael Walsh, the motion carried unanimously.
A volunteer committee to include Joe Becraft, Director Becraft, Director Dietert & Chairman Latham will looking into the possible hiring of an outside Architecture & Management Firm and Pam Vandervort volunteered to do research on this.
b. Discuss/action taken regarding request from Linda Cowden to add a long closet to the back of her boat house. The only request upon review of her request was for her not to put her alarm system or grinder pump in the closet and there should be no runoff onto the Dietert’s
c. Discuss/action taken regarding request for authorization to build a 4 Jet Ski slip. (Roz Grover property on Lakeview Drive. The permit was okay and there was no request for a variance.
d. Discuss/action taken regarding building a boat dock at 2609 & 2607 Sunnypoint. The new owner of this property has notified the Board that he may use dynamite in order to build this dock 31 feet back into his property. Director Dietert informed the Board that she discussed this with the builder and felt prior to issuing a permit the following should be looked into by the builder/owner: check with the LCRA regarding dynamite use on the water’s edge, possible damage to neighboring property, permission from neighbors and a damage safety plan, insurance certificate. Until these matters are resolved, no dynamiting will be allowed.
e. Discuss/action taken regarding building of proposed fence at 402 Lakeview Drive around the back perimeter for their dog. No drawing has been received at this time, however the new owner stated that the fence would be wire at the bottom & wood at the top. Joe Becraft has sent the new owners a letter requesting additional information.
f. Discuss/action taken regarding request from Charles Castro for a variance from the Board regarding an Access Easement for lots 1,2,3,4, and 5. There was a lengthy discussion and input from those present regarding this matter, along with a letter from Attorney Wade Hutto, a copy of which becomes a part of these minutes. This easement has been in effect and used for irrigation for years. Chairman Latham stated that the Board will consider this request only after proof of authorizations are received from all parties involved agreeing to Mr. Castro’s proposal, however she stated that until additional information is received from Mr. Castro & Ronnie Lee, the Board should not get involved.
10. Boat Lock-up Commissioner Report (Jerry Pruett) No report.
11. New Business:
a. Audit Committee report (Pam Hutchins & Nelda Hendricks)
Pam Hutchins presented the Board with an Audit Report for the year ending June 30, 2013.
The report states “Our examination concluded that the records have been recorded in a satisfactory manner and all accounts are in order”. A motion was made by Director Delmastro and seconded by Director Dietert approving this audit report. The motion carried unanimously and this report becomes a part of these minutes.
b. Appointment of a Nominating Committee to present to the Board a proposed slate of Directors and Officers for 2014-2015 term at the next regular Board meeting, to be voted on at the February, 2014 meeting. A motion was made by Director Malcom and seconded by Director Hutchins to appoint Director Delmastro, Chairman Latham and Director Becraft to this committee, the motion carried unanimously.
12. Old Business:
a. Discuss/action taken regarding changing keys at the park or to change to key cards.
Chairman Latham presented the Board and those present with information regarding the possible cost for changing to key cards. The cost estimate for this change would be approximately $3-5 thousand dollars, which would include key cards, installation of cameras, electricity, and poles. These cameras would track who is using our facilities. There was a lengthy discussion regarding this matter regarding: where internet service could be located, who would service the cameras. No action was taken at this time, however Chairman Latham stated that she would proceed checking additional sources for cost & equipment.
b. Discuss/action to be taken per attorney’s recommendation for use of park facilities.
This discussion addressed the Indemnity Agreement that our attorney felt was needed. In this Agreement, the homeowner will be given the key and will be responsible for anyone they let use this key. No action was taken on this recommendation until a copy of the proposed Indemnity Agreement is sent out to all homeowners/lot owners.
c. Approval of forms required by Texas Property Code, as prepared by attorney for the POA.
Per Chairman Latham, these forms have been filed.
d. Habitat for Humanity property, discussed above.
13. Comments or questions from residents/guests in attendance.
Michael Walsh inquired as to whether or not POA computer files are backed up and was informed by Tom Burt that they were.
Michael Walsh also inquired about the increase in dues last year and if it was approved by 51% of the allocated membership. The Board informed him that the dues increase last year was for the WCID debt that is shared by the POA and the 1999 amendment to the Restrictions allowing the POA Board to set the dues was, in fact, passed by more than 51% of the allocated membership.
A motion was made by Director Delmastro and seconded by Director Malcom to adjourn. The motion carried unanimously.
Secretary Deerhaven POA