Chpoa Board Minutes Nov 12 2009

CUMBERLAND HARBOUR PROPERTY OWNERS’ ASSOCIATION MINUTES OF BOARD MEETING, NOVEMBER 12, 2009 I.

The meeting of the Board was called to order by Paul Gommo at 9:30 a.m. on November 12, 2009. The meeting was held by conference call. All Board members were present at the meeting; Paul Gommo, President; David Cohen, Vice President; Bernie Huber, Treasurer; Helen Ownby, Parliamentarian; Michelle Deis, Secretary. Additionally, members of the Landscape Committee, Dianne Lindsey and Soyoung Lee, and Claudia Reilly, a Charleston Place property owner, were present by conference call from the Cumberland Harbour fitness center activities’ room with Bernie Huber.

II.

Landscape Committee Report – Bernie Huber introduced the guests at the Board meeting from the Landscape Committee, Dianne Lindsey and Soyoung Lee, and a Charleston Place property owner, Claudia Reilly. Dianne presented a detailed report on landscaping possibilities in Cumberland Harbour. The Board reviewed a PowerPoint presentation that Diane had provided, as well as a Bid Comparison sheet of costs of two landscape companies, United Land Management, Inc. (ULM), the present Cumberland Harbour landscape company, and Martex, Inc., located in Fernandina, Florida. Diane stated that the Landscape Committee began a bidding process in July 2009 and each of the above companies had submitted a bid which is compared side-by-side on the Bid Comparison Sheet dated August 2009. Diane stated that the bids for each company are very close; however, the Landscape Committee felt that the Martex bid included expertise and staffing not available from ULM. A. Martex, Inc. – Dianne explained that Martex was a large company with many employees and that several of the employees had horticultural degrees and certifications, as well as chemical application certifications and a strong irrigation background. She said that a professional tennis maintenance company will be contracted under Martex on a weekly basis to inspect and maintain the tennis courts and a professional pool maintenance company will also be used. Additionally, Dianne stated that Martex will have a five to seven person crew, along with a degreed supervisor, on the grounds daily. Diane stated that Martex can also provide degreed and certified landscape designers to design landscape plans for the common areas. She also listed some of the communities that presently use Martex: Ospry Cove, North Hampton, Amelia Island Inn, and sections of Amelia Island Plantation. She stated that members of these communities have given Martex excellent references. B. ULM, Inc. – Dianne discussed that the ULM bid did not specify many items which she had asked them to specify, such as ULM’s chemical spray certification, and the details of the Charleston Place landscaping. She stated that ULM does not have the degreed or certified staff that Martex has. She also stated that ULM uses its ground crew to maintain the tennis courts and that she, as a tennis player with minimal knowledge of tennis court maintenance, has had to instruct ULM employees on the maintenance of the tennis courts. She listed several tennis maintenance items of concern which could cause permanent and costly damage to the tennis courts, including no maintenance on four of the six courts. Soyoung Lee discussed some of the landscape maintenance and enhancement concerns with ULM , such as the lack of flower bed weeding and that few long-term perennial plantings had been done.

C. Charleston Place – Claudia Reilly, a property owner in Charleston Place, explained concerns to the Board that the Charleston Place owners presently have with ULM. Claudia discussed that the Charleston Place owners had have concerns about their landscaping and special landscaping assessment for three years. She stated that their assessment had been lowered from $2,400 a year per owner to $2,175 per owner in 2008; however, when the owners received their 2009 assessment bill it was again $2,400. Claudia stated that the majority of the Charleston Place owners are not satisfied with the landscaping services that they are getting for the cost, that they have had no plantings of annuals and that the trees have not been trimmed or maintained. Dianne Lindsey also questioned whether the properties that had belonged to builders in Charleston Place were paying the special landscape assessment. The Board agreed to determine whether these property owners were paying the assessment. The Board had many questions for Dianne, Soyoung, and Claudia regarding the landscaping contract and bid costs and particulars. The Board asked about the replacement policy for plantings and the grade of pine straw or mulch that would be used by each company. Dianne Lindsey said that she would provide answers to these questions by email to the Board. The Board discussed that the Charleston Place landscaping contract, although under the Cumberland Harbour landscape company, could be viewed as a separate contract and was in fact listed that way; thus, the Charleston Place owners should be permitted to decide what they would like in the contract. Michelle Deis stated that it must be shown that there is a majority of Charleston Place owners that agree to any contract changes. The Board also questioned whether there should be more than two companies considered in the bidding process. There was a discussion of the need for an overall landscape plan for Cumberland Harbour, which would include the use of local indigenous plants. Additionally, Michelle Deis asked Dianne why the prior Board had viewed the bidding process as being tainted and had requested a rebid. Dianne said that the Landscape Committee had kept all information on bidding confidential, but that the former Board President, Glenn Saare, had been concerned that information on the bids had been leaked. Paul Gommo informed the Landscape Committee that the Board would be reviewing the committee’s presentation and would contact Dianne Lindsey regarding any questions the Board may have or any need to have Dianne attend a future Board meeting. (At this time, Dianne Lindsey, Soyoung Lee, and Claudia Reilly left the meeting.) III.

AIMS Contract – At 11:00 a.m. the CHPOA attorney, George Nowack, joined the meeting by conference call. Paul Gommo told Mr. Nowack that it had come to the Board’s attention that Association Integrated Management Services, LLC (AIMS) was not licensed to do business in Georgia as a community association management company because no member of AIMS had either a real estate license or a community association management (CAM) license. Michelle Deis stated that she had called the Georgia Department of Real Estate (GREC) and that the GREC verified on the phone that neither Staci Gelfound nor Jeanette Jones (aka Jeanette Manner-Jones) had a Georgia license. Michelle stated that she would ask for email confirmation of this in writing from the GREC. Mr. Nowack stated that AIMS also did not fall within any of the exceptions to the licensing law requirements. Mr. Nowack stated that due to the lack of the required Georgia license to operate as a community management company, that the contract between the CHPOA and AIMS is void and that AIMS could not operate as the management company for the CHPOA any longer. Mr. Nowack stated that he would prepare a letter to AIMS for Paul Gommo, the CHPOA President, to sign which would indicate that the contract is void.

Additionally, Mr. Nowack stated that the Board must immediately retain another management company, in order to convey the transfer information to AIMS as soon as possible. Paul Gommo and David Cohen stated that they had contacted management companies to discuss contracting with them for their services and that these companies also charged significantly less than AIMS. The Board agreed to have a meeting in the next few days to approve a new management company after reviewing contract information obtained by Paul and David. (George Nowack left the meeting at this time.) Michelle Deis motioned and David Cohen seconded the motion to accept George Nowack’s legal advice that the AIMS contract with the CHPOA is void and to retain George Nowack to write a letter to AIMS indicating that the contract is void due to AIMS’ lack of a Georgia real estate or CAM license and that the CHPOA will be hiring a new management company. Additionally, the Board unanimously agreed that a transition fee would be paid to AIMS for assistance in a timely and efficient transition to a new management company in the amount of $13,000 ($6,500 to be paid 30 days after the date of the letter, and $6,500 to be paid 60 days after the date of the letter).

VI.

IV.

Fire Truck Assessment - Paul Gommo discussed his phone conversation with Jennifer Brown, the City of St. Marys’ Finance Director regarding the amount still owed on the fire truck. Ms. Brown told Paul that the tax assessment for 2008 which helped to pay off the fire truck debt was a one-time assessment and would not be applicable for 2009. The Board discussed the need to pay off the fire truck, the amount now owed stated as $128,799.85 in the last bill to the CHPOA, dated Nov. 2, 2009. The Board agreed that as soon as there was a better understanding of the 2010 budget, that the CHPOA would resume payments on the fire truck.

V.

Marina Hearing by Georgia Coastal Marshland Protections Committee - Paul Gommo stated that the marina hearing is scheduled for December 18, 2009 and that he planned to attend. The Board agreed that a letter in support of the marina should be submitted to the Georgia Coastal Marshland Protections Committee by the CHPOA Board and that Paul Gommo, as President, should sign the letter. Helen Ownby agreed to write the letter, to be reviewed by the CHPOA attorney, George Nowack, before Paul signs and mails the letter. Helen also agreed to post on the yahoo owners forum that the CHPOA would be mailing a letter in support of the marina and that property owners may also mail a letter in support of the marina. Next Meeting – The Board agreed that the next meeting would be Monday, November, 16, 2009, in order to vote on a new management company. Paul Gommo adjourned the meeting. Signed by the CHPOA Secretary, Michelle Deis ______________________________________

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