Board Meeting 8/27/2009

The Quarterly Board Meeting for Hawthorn Park was held on Thursday, August 27, 2009 at the First America Bank. Here are the topics and highlights of the meeting.

Please note: These are not the official meeting minutes. The official minutes are recorded by Susan Thimmes, Property Manager, and are archived at the offices of Sentry Management.

Attendees

Board of Directors:

Ray Dalto (present)

Wendy Edler (present)

Mike Hogan (present)

Tyler Linkenhoker (present)

Frank Maruca (present)

Mike Sandstrum (present)

Sean Simpson (present)

Sentry Management

Susan Thimmes (present)

Many interested residents of Hawthorn Park

TOPICS DISCUSSED:

MINUTES -- Mike Hogan, President, introduced the new Property Manager from Sentry Management, Susan Thimmes. The reading of the minutes from the previous meeting in May were waved. Susan said she expects to visit Hawthorn Park at least twice per month. She favors phone calls over emails, and invites association members to contact her at Sentry: (941) 361-1222 x205. Her email is SThimmes@sentrymgt.com

SWFWMD ISSUE -- Karen from Zoller Engineering briefed the Board and membership on current status of the project to repair the southwest pond. Karen met with SWFWMD, and they are OK with the engineering plan. SWFWMD has no exceptions on the plan. Also, no mathematical modeling is being required on this project, which is a big savings for Hawthorn Park. Unfortunately it was determined that the storm water control structure is failing, so it should be replaced at the same time as the other pond repairs. There will be an $800 fee for the official application. Karen recommends that the application be submitted in December. After that it will require 45 to 65 days to process permits. Thus the work can begin during the height of the dry season. The work will take about a month to complete once started, followed by a 45-day period to have the work certified. The good news is that there is no water quality issue, which reduces the urgency that otherwise might be pushing on this.

The Board and the membership discussed the timing of the work, and the cash flow constraints in order to pay the contractors. It was concluded that all (or most) of the entire cost of the project should be billed to homeowners in a one-time Special Assessment as soon as the Board has high confidence in the cost estimate. At this time there are too many variables, but the range of the Special Assessment is likely to be between $1,000 and $2,000 per home. It was decided that Susan and Mike Hogan will work on a letter that will be sent to all homeowners, to ensure that all homeowners have been informed. This will prevent surprises when the actual Special Assessment hits, and it also gives homeowners a longer time to get the money together.

PRESIDENT'S REPORT -- The Board has decided to return to monthly meetings, on the 4th Thursday of each month except November and December which are on the 3rd Thursday.

FINANCIAL REPORT -- Mike Sandstrum reported there is $59k in the bank account, with a $24k surplus, and $4k of that surplus is from current year operations (all round numbers). There is one association member past-due on Dues.

MANAGEMENT REPORT -- Susan asked that problems be brought to her attention at 941-361-1222 x205. In the few weeks she has been assigned to Hawthorn Park, Susan has sent 3 violation letters, and 1 of those has already complied. Also, 3 lawn violations are in progress.

LAWNS -- The Board and attendees swapped war stories in the battle against the lawn bugs. Several have switched lawn services in frustration. Tom Falcone explained that some species of bugs have become immune to the treatments, so it is important to switch chemicals often. Several homeowners mentioned the positive experience they have had with Middleton Pest Control (941-750-0036).

ACTIVITIES -- Frank reported $721 in the Activities Fund. George Sinclair and Sean Simpson shared dates for upcoming events:

OCT 4, 2009 (SUN) - Block Party

NOV 21, 2009 (SAT) 8:00 a.m. - Fall Garage Sale

DEC 12, 2009 (SUN) - Christmas Party (Hosts: Vinnie & Annie Manzella)

ARCHITECTURAL REVIEW COMMITTEE -- Ray reported 16 ARCs so far in 2009. No issues.

LANDSCAPE / COMMON GROUNDS -- The Board praised Len Lesjak for upgrading the front lights on the Hawthorn Park sign. THANK YOU LEN!! Also, the Board decided that the front sign needs repainting. Alternate shades of green were discussed, but there was no consensus to change the colors.

FCC RULING ON BULK CABLE -- Art Stadlin shared a legal summary from Florida Community Association Journal (July, page 74) regarding an FCC ruling prohibiting homeowner associations from entering into bulk contracts. This ruling has been disputed in the courts, and the most recent court ruling upholds the FCC's ruling. It is not known if this will go to the U.S. Supreme Court. The lawyer who summarized the situation in the Journal recommends that all associations with bulk contracts get legal advice. Susan said that her management at Sentry does not have an interpretation nor opinion for the associations served by Sentry, at this time. Susan reported that Verizon does not enter into bulk TV contracts, which is why there was no Verizon rep at this meeting. Bright House Networks is willing to hold us at our current bulk rate for another 2 years, as they explained at the previous meeting.

BULK TV BALLOT -- Mike Hogan reminded everyone that the Board decided to put the bulk TV contract question to an official ballot of the membership. Susan agreed to draft the wording of the ballot question so the wording can be reviewed and approved at the September Board Meeting. The Board decided there need be only one question on the ballot: To have or not to have a bulk TV contract. If the ballot favors having a bulk TV contract, the Board will decide which TV provider will get the contract.

OPEN LETTER FROM AN ASSOCIATION MEMBER -- Tyler read an open letter to the membership:

Dear Members,

I regret that I was not able to attend the August 28th meeting, which is why I have asked Tyler Linkenhoker to read this letter. I am still puzzled over the fact that after getting signatures from two-thirds of our association members wanting to opt out of the bulk billing for cable, that the petition was not seriously accepted by the Board. Nor was any reason given for not accepting it. Neighbors I have talked with are incredulous at the outcome. Why do two-thirds of the community have to pay for something they do not want or use for the satisfaction of one-third?

[skipping paragraph that covers court cases that ban exclusive contracts and strive to preserve individual choices]

If the Board had dropped the money allotted for cable from our budget when our contract ran out in 2007, taken $200 off each household's dues and kept the balance for a reserve account we would have had some money in that account by now. Why does this Board fight so hard to keep this $36,432.00 for cable on our budget? I would very much appreciate a response to this letter.

Sincerely,

Cheryl Harrington

The Board commented that they had already discussed this at the previous meeting, and in response to Cheryl's initiative they decided to put it up for official vote on a ballot question.

QUIET TIME -- Some lawn services use louder equipment than others. One company in particular has been waking up Wendy. She spoke with them and they said they understood an 8:00 a.m. start time was acceptable, so they were not going to start later. Wendy proposed setting a quiet time for Hawthorn Park that would not allow lawn services until 9:00 a.m. This proposal did not get support from other Board members.

NOISE PROBLEMS / BARKING DOGS -- Residents are reminded that Board members are not the local police. Do NOT call Board members with noise complaints. Residents with a complaint about noise should phone the Manatee County Sheriff, using the regular number: 941-747-3011. To report dogs running loose, in distress, or barking endlessly, call the Manatee County Animal Services line: 941-742-5933.

BURNED DOWN HOUSE -- Repair work on the burned down home has stopped weeks ago. One homeowner expressed concern that the walls could fall down and/or become flying debris in a strong storm. We are in the hurricane season. The Board expressed disappointment at not receiving any status updates from the homeowners, and neither the Board nor Property Management knows how to contact them. Art Stadlin agreed to try to get contact information.

ACTION ITEMS -- Mike Hogan requested Susan to maintain an Action list.

The meeting adjourned at 8:30 p.m. The next scheduled meeting is Thursday, September 24th.