BHVA Approved Meeting Minutes
January 27, 2011
Members Present: Melanie Eisenberg, Candace Ryan, Bruce Hunt, Kathy Wydra, Dick Scott, Bob Pierce and Jim Mroczek-by teleconferencing,
Excused: Ellen Monagan and Mark Moretti
Others Present: Kathy Scott, Dan Marshall- South Bristol Town Board, Hermann Arndt- South Bristol Town Board, Barbara Welch-South Bristol Town Board, Greg Mulhern-South Bristol Resorts, Chet Starowitz, Mattie Bicknell, Kristie Braun, Alan Braun, Dick Johnson, Gary Muxworthy, Richard Booth, Bob Eisenberg, John Constance, Joan Haefner, Bill Huber, Muriel Coleman, Dave Eldon, Consuelo Kotlik, George Kotlik, Dick McGrath, Helen Sarkis, Amy Charlton, Bob Hotchkiss, Carolyn Hotchkiss, Paul Lamphier-South Bristol Resorts, Michelle Alvaro and Dick Aikens
1. Call to order: Meeting was called to order at 7:00 pm
2. Opening Remarks:
Candace Ryan provided the following opening remarks:
· Welcomed everyone to tonight’s meeting.
· Extended condolences to Bernice Gagliardi. Her husband, Victor Gagliardi (Past BHVA President) passed away unexpectedly.
· Candace welcomed Dan Marshall and Hermann Arndt who are representatives of the South Bristol Town Board. They will be providing a presentation on the sewer rates review process conducted by the Town of South Bristol.
3. Sewer Rate Presentation:
Dan Marshall began his opening remarks by recognizing other members of the South Bristol Town Board who are in attendance at tonight’s meeting, Gary Muxworthy and Barbara Welch.
The reason he and Hermann Arndt are present at tonight’s meeting is to describe and explain the process the Town went through with regards to doing a review of the sewer rates for the Bristol Sewerage Disposal Corporation. The Town is doing this review statutorily. New York State mandates that municipalities are to conduct reviews of rates at intervals of not more than 5 years. The Town was not fully aware of their legal responsibility to review the rates; therefore, the Town was due to conduct a review even though they had not been requested or been petitioned to do so. The last time a rate review was conducted, according to the Town’s records was in 1987.
Dan recognized Hermann for his time and effort he has put into this review. He has brought this information before the Town on a number of occasions for discussion and review. The final discussion and review was held at the January 24, 2011 Town board meeting. Candace added that they were placed first on the agenda in advance of privilege of the floor so that this would provide the opportunity to answer questions and respond to concerns. During this review process they have met and had discussions with Doug Weins, Greg Mulhern, Paul Lamphier and Beth Gates who provided financial information. The Town did hire an independent Certified Public Accountant to review the financial information that was
provided by South Bristol Resorts (SBR). Dan then turned the presentation over to Hermann Arndt.
Hermann Arndt presented the following:
· The Bristol Sewerage Disposal Corporation is a transportation company that operates under the New York State Transportation Corporation Law Article #10. This is how the company was initially established. Under section 121 of the law, the Town’s responsibility is to negotiate with the corporation; fair, reasonable and adequate rates agreed to between the corporation and the local governing body. Rates shall be reviewable at intervals of not more than 5 years or at any time by petition of the corporation or motion by the local governing body on written notice after a period of 90 days.
· There is a misconception that the Transportation Corporation Law falls under Town Governance. If this were under Town law, this would be considered an improvement district and the Town would manage the sewer company. It is not an improvement district or sewer district and does not fall under Town law.
· To begin this process the Town determined that there were Rate Review Cost Categories. The categories identified were: Existing Loan Obligation for 2006 Sewer Project; Tap-In-Fees for New Users; Charging Distribution for Classes of Users; Monthly User Rates, for which residents pay $41.88 and Other Users (Community Center, marina and snack shack and repair facility) which were not initially included in the review.
· Hermann highlighted Town Resolution #21-2006 (Funding approval for the Bristol Sewerage Corporation). The Bristol Sewerage Disposal Corporation took out a 14-year term loan (7% fixed rate with a 3.25% variable rate) for the full amount through a local lending institution. The commercial users, the Lodge and Hotel, were assessed at 7.75 units (hotel) and 5 units (lodge). New units will be assessed a one time $2,500.00 tap-in-fee. Upon termination of the loan, the $2,500.00 tap-in-fee will be directed to the capital reserve fund.
· The South Bristol Town Board made the following determinations in regards to the review:
1. Loan Obligation Determination-At the December 27, 2010 Special Meeting of the South Bristol Town Board, the motion was accepted and carried authorizing Bristol Sewerage Disposal Corporation, Inc. to restructure the existing loan obligation for the sewer plant project of 2006 as follows: Set the fixed portion of the loan to $450K, amortized for 7 years at 5% with a renewable option in 5 years, and set the variable portion of the loan to $93K. Pay down $12K on January 1, 2011, thereby leaving a balance of $81K at a rate of 3.25%. The restructuring of the loan may lessen the loan by 2 years, thus the $23.50 assessment would end sooner.
2. Tap-In-Fee Determination-Upon discussion and deliberation, the Town Board moved and accepted that the tap-in-fee of $2,500.00 remain unchanged for all new customers and that the fee be used to retire the loan obligation as detailed in Town resolution #21-2006. The Town looked at sewer plants in other Towns and cities to use as a comparative with the Bristol Sewerage Disposal Corporation. Honeoye was the closest based on users and due to the fact they charge $2,500.00 for the tap- in-fee. The Town did take into consideration an inflation rate multiplier. If inflation was calculated in, it would raise the tap-in-fee to approximately $2,700.00. The Town did consider if the tap-in-fee was raised would it prohibit someone from buying; therefore, they determined that the $2,500.00 was a fair fee and opted to keep it at the current rate.
3. Distribution of Charges Determination-Upon discussion and deliberation, the Town Board moved and accepted that all residential customers of Bristol Sewerage Disposal Corporation District be charged at the rate of one unit per residence; the
Lodge be charged at the rate of 12 units and that the Hotel be charged at the rate of 10.3 units. The stated unit rates apply to the monthly usage charge as well as to the loan obligation. Ontario County Local Law #8 of 2007 was used as a “metric” guide to establish charges for users. As a side note, there are 4 other sewer plants in Ontario County and they are municipally managed and fall under the governance of Town law. Ontario County Local Law #8 of 2007 was used in determining the rates for the hotel. For the lodge SBR is charged 3 units plus an additional 1 unit for each 50 seating capacity or fraction thereof. For the hotel, SBR is charged 1/3 unit for each hotel unit. The increase for the lodge went from 5 units to 12 units. For the hotel the increase went from 7.75 units to 10.3 units. The calculation is presented below.
Lodge
Law = 3 units for first 100 seating capacity the 1 unit for each 50 or fraction thereof
Description Seating Capacity
Dining Room 147
Cocktail Lounge 85
Lodge Addition 317
549
Was Delta
First 100 seating = units 3
449/50 additional seating = units 9
12 Units 5 7
Hotel
Law = 1/3 unit for each hotel unit
31/.333 10.3 Units 7.75 2.55
4. Monthly Fee for Users Determination-Upon discussion and deliberation, the Town Board moved and determined that the 1987 established rate of $39.14 per unit monthly fee plus applicable taxes be continued and that this rate is fair, equitable and adequate for the service provider as well as the users of the facility. The supportive documentation was extensive. Five years of financials were reviewed and evaluated. Hermann noted that during this review, it was determined that profits are retained within the equity of the company and an outside firm does the accounting for the corporation. The last rate change for the Bristol Sewerage Disposal Corporation was in 1987 and the corporation has not petitioned the Town for a rate increase. If an inflation rate multiplier was used from 1987 until now, the rate would be $83.27 per month.
5. Other Users of the Sewage Facility Determination-Upon discussion and examination of information regarding the usage by the Community Center,
Marina, Snack Shop, and Repair Facility, the Town Board determined those uses offset each other and will not be taken into consideration at this time. It was
mentioned that there were 303 users at the end of 2005 and as of the end of 2010 there are 333 users.
The Board thanked Hermann and Dan for the due diligence the Town did for this rate review and expressed their appreciation for attending the Board meeting and explaining their results to the residents.
Bruce Hunt inquired if a copy of the full financials could be obtained. These can be obtained from the Town clerk by anyone who requests them.
3. Privilege of the floor:
· Bob Eisenberg-Is inflation the only criteria used in adjusting rates or are other Town sewer rates taken into account? Hermann Arndt responded with more summary of above.
· Joan Haefner-Inquired if the water and sewer are separate entities? Yes they are.
· Dick Johnson-What is the difference in number of units charged to South Bristol Resorts from 2006 until the recent review? Were the 5 cottages included in the overall count? Hermann Arndt responded that the number of units previously charged to the Lodge was 5 and now it is 12 and the number of units previously charged to the hotel was 7.75 and is now 10.3. Greg Mulhern clarified that the 5 cottages are not owned by South Bristol Resorts and the owners pay an individual fee. They all paid the $2,500.00 tap-in-fee.
· Dave Eldon-Was previously involved in the 2006 resolution process stated that he did not see anything wrong with what was presented here at tonight’s meeting. He thought there was discussion previously that anyone not affiliated with Bristol Harbour should pay a higher tap-in-fee amount. Dan Marshall responded that this is not a decision to be made by the Town and is not in the 2006 resolution.
· Dick Johnson-Will the data be distributed to the community? The Board responded that residents can obtain copies of the Ontario County Local Laws #7 and #8 and the Transportation Corporation Law from the office. Draft minutes will be posted on the web site. The information presentation by Hermann Arndt will be posted on the web site.
· Candace Ryan-Thanked Ellen Monagan for her role as Town of South Bristol liaison and for attending the Town meetings.
· Bruce Hunt-Thanked the Town representatives for installing the snow fence along the golf course.
· Alan Braun-Inquired if the dock expansion is being requested by residents. Concerns regarding parking and safety issues have arisen. Discussion followed. The topic of the dock expansion will be discussed at this time and is part of the Town Board/Planning Board/Zoning Board report.
Dock Expansion:
Candace stated that about a dozen residents attended the Public Hearing on the Dock Expansion Plan on January 19, 2011. Phil Green (Wordon Hill, Inc.), the builder, was in attendance at the public hearing to talk about the proposal. Residents expressed concerns about how the expansion would impact parking, safety on Cliffside Drive, elevator use, the beach and the marina bathrooms.
Dan Marshall stated that Phil Green is the preferred contractor to build the docks. Dan stated that the recent approval given at the Planning Board (he cannot change the decision) has raised questions about the age of the approvals. There is a need to recognize that things have
changed over the years. When is it appropriate to re-visit these plans that are several years old? If approved plans go back as far as the 1970’s, is it time to revisit them? Dan will be researching the answer to these questions.
Greg Mulhern provided the following boat slip rental data from 2010. In regards to dock size, in the small size category there are 46 slips and 20 slips were available. In the mid size category there are 48 slips and 3 were available. In the large size category there are 58 slips and these were all sold out with no resident waiting list. There were only 12 non-residents (5%) out of 152 available slips.
Because of the anticipated need/increase for larger boat slips per resident requests (and to accommodate those less experienced boaters), the plan for the expansion was submitted to the Town Planning Board for approval. The expansion would occur on the north end of the existing docks. The current docks and boat slips cannot accommodate larger boats. Residents have first priority in boat slip rental. Greg does not want to encounter a time where he cannot meet a resident’s request for a boat slip. To address the concerns of parking, in the past a shuttle service was utilized and was a coordinated effort between BHVA and SBR. Over time it was determined that there was a need for the shuttle. The shuttle is used on holiday/busy weekends. The resort has purchased a vehicle that can be used for the shuttle service.
Greg stated that they are not looking to expand at this time, but want to prepare to meet the needs of accommodating larger boats. If anything were to be done this year, it would be the installation of a walkway extension. If this has to occur, he will keep the BHVA Board informed.
Candace thanked Greg for explaining the process of the dock expansion and requested that communication should remain open between the 2 entities so that concerns, issues and/or questions can be resolved.
In closing, Dan Marshall reminded everyone that the Town meetings are scheduled on the second Monday of each month. He made the offer to conduct a Town meeting at BHVA in the summer. Candace announced that because many of residents are interested in Town business, that a link from the BHVA web site to the Town web site is being explored.
4. Approval of December 2, 2010 Board Meeting Minutes:
Motion for approval of the December 2, 2010 Board Meeting Minutes by Kathy Wydra, seconded by Bob Pierce, motion carried.
5. Reports:
Bristol Harbour Resorts/Steering Committee Report-By Mark Moretti:
Candace Ryan provided an overview of the following from the Steering Committee Report submitted by Mark Moretti in his absence.
Mark is communicating with Mary Jo Korona of the Town of South Bristol in regards to the taxes assessed on the Community Center. The following is Mark’s report to the Board.
“Hello Mark, I know that you want to prepare your report to the Homeowner's Association before you leave for the NYSBA Annual Meeting this week. I will follow up with a more detailed letter, but please accept this e-mail as a response to the request for a further reduction of the assessed value of the parcel known as 30 Golfside Circle. The Assessor does not agree that the final assessed value should be the nominal value of $1,000. Moreover he does not agree that assessed value for 2010 should be the same as that assessed in 2007 ($76,500). He is prepared to defend the assessed value. Regards, Mary Jo Korona”
Mark will continue to monitor and keep the Board updated on the process.
Michelle Alvaro reported that she is following up with a request made by a resident to research the possibility of obtaining a group rate for services from Time Warner. Information has been forwarded to the representative from Time Warner. An update will be provided at the February Board meeting.
Motion for approval of the Steering Committee Report by Kathy Wydra, seconded by Bob Pierce, motion carried.
Bristol Harbour Resorts-By Greg Mulhern:
Greg Mulhern’s Report was covered under Privilege of the Floor
Property’s Manager’s/Site Manager’s Report-By Dick Aikens and Michelle Alvaro:
The Manager’s Report and Superintendent’s Report were forwarded to the Board.
Michelle reported that the staff has been very busy with various projects, follow-up with resident requests, snow removal, etc. The Town of Canandaigua has been approached in regards to installation of a snow fence along the open field (across from Heron Hills). The Town of Canandaigua highway superintendent is aware and is very understanding of resident concerns. Due to the late date, he is very receptive to continuing the discussion in the spring. The process to install a fence would be very lengthy and would involve several entities. Michelle learned that the Town of Canandaigua and the Town of South Bristol are on 2 different plowing schedules and that the Town of Canandaigua will at times plow up to the entrance of the Lodge. Michelle will follow-up with the highway superintendent and will assure the discussions begin in the spring.
6. Standing Committee Reports:
Environmental Committee (EC) Report- By Dick Scott:
Dick Scott provided an overview his report:
· The EC approved the November minutes.
· Melanie Eisenberg has been added as a co-chairperson to the committee. The committee will now be comprised of 8 members. Melanie will be given proxy voting rights as needed by the committee.
· The e-mail process in reviewing applications seems to be beneficial to residents. They can receive responses to their applications on a timelier basis. The committee is reviewing the possibility of adding information that better describes the process of
getting and EC application approved (speeding up the process) such as; application examples and listing some simplified EC process verbiage in a bulleted format.
· Dick provided an overview of the applications reviewed by the committee.
· Michelle Alvaro will be placing an article in informing residents that they can receive the Pennysaver with the delivery of Daily Messenger. Residents need to contact the Pennysaver office to arrange this delivery.
Motion for approval of the Environmental Committee Report by Dick Scott, seconded by Bob Pierce, motion carried.
Facilities and Maintenance Committee Report-By Bruce Hunt:
Bruce Hunt stated that along with snowplowing the team has been working on many projects that are in the budget and have been approved. The following projects are:
· Security camera for the recycling center. The plan is to install 2 outdoor rated cameras; 1 inside and 1 outside the recycling center. Will install a DVR in the main office with internet remote viewing capability. All necessary wire and hardware is included. A new 2” conduit line from the Community Center to recycle center will be installed by Greg Radak. The cost to have Doyle Security install the system is $2,995.00. The cost for Greg Radak to install the conduit is $900.00. The cost for a monthly maintenance fee is $29.00.
Motion for approval of the installation of a security camera system to be conducted by Doyle Security at a cost of $2,995.00; Greg Radak to install the conduit line for a cost of $900.00 and a monthly maintenance fee of $29.00 by Bruce Hunt, seconded by Candace Ryan, motion carried.
· Maintenance/Capital Reserve Study. The Board approved this project in October during the budget process. We propose to move forward with Reserve Advisors for a cost of $2,950.00 The Reserve Study is a budget planning tool which identifies the current status of the reserve fund balance as well as a stable and equitable funding plan to offset the anticipated future major common area expenditures. This study will include a physical analysis to include a component inventory, condition assessment and life and valuation estimates.
Motion for approval to have the reserve study to be completed by Reserve Advisors at a cost of $2,950.00 by Bruce Hunt, seconded by Bob Pierce, motion carried.
· Community Center Recreation Equipment. The information/bids for the recreation equipment was received and reviewed. There was a donation of $100.00 for a fooseball table.
Motion for approval purchase of a fooseball table for the Community Center at a cost not to exceed $500.00 and the purchase of a ping pong table for the Community Center not to exceed a cost of $400.00 by Bruce Hunt, seconded by Bob Pierce, motion carried.
· Elevator Interior Panels. The project would entail that all bronze panels, which includes doors, transom, front return wall, and handrails to be machine sanded to remove all scratches. Strip metals of existing coatings and clean with non-toxic
acid-free cleaning material, and spray multiple coats of protective sealer. The total cost for the project is $4,370.00.
Motion for approval to have the elevator interior panel project completed by Thyssenkrupp Elevator at a cost of $4,370.00 plus tax by Bruce Hunt, seconded by Bob Pierce, motion carried.
· Barn Lease. The Board has been in negotiation with Mr. Kent Rohrer, the owner of the current maintenance facility and at the same time working with SBR on the possibility of them building and renting BHVA a new maintenance facility. Mr. Rohrer would like a new contract in place by February 1, 2011 and the Board will be negotiating this contract with him.
· Other projects under review include an emergency generator for the Community Center, directional signage at the Golfside Circle entrance, tennis court light repair, landscaping and carpeting for the sun dock.
Motion for approval of Facilities and Maintenance Committee Report by Bruce Hunt, seconded by Bob Pierce, motion carried.
Recreation Committee Report-By Melanie Eisenberg:
Melanie Eisenberg provided an overview of her report:
· The BCYC holiday party was well attended. Special recognition was given to the “Lords a Leaping”, Jim McCarthy, Craig Larson, Jeff Benson and Bob Eisenberg.
· The Cookie Exchange was well attended, but due to the weather, caroling could not take place afterwards.
· The January 29, 2011 Neighbor’s Night will be held at the Life Path Spa.
· On February 12, 2011 there will be a Red Hot Lover’s Chili Cook-Off held at the Community Center.
· The February 26, 2011 Neighbor’s Night will be hosted by Dave and Sharon Allen-46 Cliffside Drive.
· The March Neighbor’s Night will be an “Irish Night” and will be hosted by Bob and Mary Murphy-7 Spyglass Hill.
· The April Neighbor’s Night, with a theme of “Nawlins at Lakewood Trail” will be hosted by Melanie and Bob Eisenberg-5559 Lakewood Trail.
· Melanie reminded residents to keep their “treasures” for the upcoming yard sale to be held in May.
Motion for approval of Recreation Committee Report by Melanie Eisenberg, seconded by Bob Pierce, motion carried.
Treasurer’s Report-By Jim Mroczek:
Jim Mroczek provided an overview of his report:
Motion for approval of the Treasurer’s Report by Jim Mroczek, seconded by Bob Pierce, motion carried.
7. Special Committee Reports:
Town Board/Planning Board/Zoning Board-By Ellen Monagan:
This report was covered during Privilege of the Floor.
Communications Committee-By Bob Pierce:
Bob continues to focus on the web site and how to make it more useful and accessible to residents. Is researching with the web site contractor the issues residents are having accessing the web site. These issues may not be due entirely to the search engines being utilized and may have to do with how the web site was constructed. Discussion followed.
Bob has been in touch with South Bristol Resorts to see if we can include a link from the BHVA web site to theirs.
Motion for approval of the Communications Committee Report by Melanie Eisenberg, seconded by Bruce Hunt, motion carried.
8. Old Business:
A. Ad-Hoc Committee: The committee will facilitate the bid and contracting process for a property managing agent. Candace Ryan, Bruce Hunt, Kathy Wydra, John Constance and Alan Braun have agreed to serve on the committee. The process will begin with a resident satisfaction survey and residents are encouraged to complete the survey.
B. Lakewood Trail: Mark Moretti has outreached to Greg Mulhern regarding the issue on the street and to facilitate a meeting as soon as possible.
Bruce Hunt thanked Bernie Caprini for having a map completed that highlights the BHVA common areas.
9. New Business:
· Amendments #31 and #32 to the Offering Plan are available in the office.
· Chet Starowitz- Inquired when the reserve study would be completed.
· John Constance- Inquired if there is any new proposed construction in the village.
· Mattie Bicknell- Recommended that thank you letters be forwarded to Dan Marshall and Hermann Arndt.
· George Kotlik- Is responding to letters he has received from the association. Due to the nature of the discussion the Board adjourned the meeting at this time to continue the discussion in a closed session.
10. Motion to Adjourn: The meeting was adjourned at 8:55 pm.
11. Next Meeting: February 24, 2011 at 7:00 pm at the Community Center.
Minutes approved-Feb. 24, 2010-Michelle Alvaro; Recording Secretary-BHVA BOD