Members Present: Leo Raab, Sally Eldon, Larry Hubler, Shelly Gerstner, Richard Booth, Art Smart, Carolyn Hotchkiss and Candace Ryan
Excused: Stephanie Russ
Others Present: Jay Adams, Michelle Alvaro, Fred Sarkis, Bernie Caprini, John Constance, Patt Jones and Dave Eldon.
Call to Order: Meeting was called to order at 7:01 PM
Opening Remarks:
· Sally Eldon reported that the file has been closed on the discrimination complaint made to the Division of Human Rights. Sally Eldon thanked everyone who was listed on the complaint for their support and assistance. Sally Eldon also thanked Jan Starowitz, Jay Adams and Richard Booth for attending the hearing.
· Sally Eldon clarified briefly what entities own within the village. BHVA owns the elevator and the beach. Bristol Harbour Resorts own the marina which includes the docks. Bristol Harbour Resorts has an easement to use the access road. This is a privately owned road. Bristol Harbour Resorts owns the marina parking area and the bathrooms.
· Again it was reiterated that if anyone has concerns regarding Bristol Harbour Resorts, to direct them to Larry Hubler.
Privilege of the floor: Privilege of the Floor will open for questions for 10 minutes. After the time allotted, the floor will close until ‘New Business’ at the end to the meeting. At this time, the Board will take questions that pertain to this meeting for approximately 10 minutes.
John Constance-5 Spyglass Hill: Had a question regarding the status of the proposed bathrooms on the beach. Different scenarios were presented in previous meetings. Larry Hubler responded that there was not going to be any bathrooms on the beach and the existing bathrooms will be utilized. John Constance asked who pays for the lifeguards and several Board members responded that BHVA pays for the lifeguards. Discussion followed.
Dave Eldon-5832 Harbour Drive: Explained that the large barge that is docked at the marina is owned by Phil Green. The barge is used to fix the docks and that this is an agreement between Phil Green and Bristol Harbour Resorts.
Bernie Caprini-5536 Vardon Drive: Wanted to clarify the Bristol Harbour Resorts has an easement to use the dirt access road.
Candace Ryan-5581 Lochcrest Circle: Expressed concerns regarding beach usage that she believes merits discussion at this time. Candace Ryan, Stephanie Russ and Sue Hostler have met to discuss issues. Larry Hubler offered to meet with Candace Ryan, Stephanie Russ and Sue Hostler to discuss the issues and determine how to move forward and develop a process in which to do so.
Approval of the April 24, 2008 Board Meeting Minutes:
Motion for approval of the April 24, 2008 Board Meeting Minutes by Leo Raab, seconded by Carolyn Hotchkiss, motion carried.
Reports:
Bristol Harbour Resorts/Steering Committee: By Larry Hubler:
· Sun dock will be completely installed within 2 weeks.
· The dock extensions/re-decking will be completed in the fall.
· The exposed wiring on the docks has been repaired.
· The marina parking decks are scheduled to be re-surfaced when the Lodge has theirs completed. The leakage into the marina bathroom will be addressed at this time.
· There will not be a parking attendant during the summer season on weekends.
· Michelle Alvaro is following up on signage with Greg Mulhern.
· The trash barrels continue to be an issue. They are not slated to be replaced for 2 weeks.
· If anyone has any concerns, please contact Larry Hubler.
Motion for approval of the Steering Committee Reports by Larry Hubler, seconded by Carolyn Hotchkiss, motion carried.
Property Managers Report: By Jay Adams:
· The need for developing a bulletin Board policy. The policy should include BHVA’s right to screen what is placed in the bulletin boards. Discussion followed. Jay Adams will draft a policy.
Motion to accept a resolution from the Board that includes BHVA’s right to screen advertising material/information posted at or on the bulletin boards by Art Smart, seconded by Leo Raab, motion carried
Standing Committee Reports:
Environmental Committee (EC) Report-By Carolyn Hotchkiss:
Carolyn Hotchkiss provided an overview of the following topics:
· The monthly Environmental Committee meeting minutes were reviewed.
· Reviewed applications received. 17 applications were approved and 1 application was tabled.
· Carolyn Hotchkiss thanked Kenrick for sending a demand letter to a resident. The resident has contacted Jay Adams and is in the process of cleaning up the area in question. He will contact Jay Adams when he is completed so that the area can be reviewed.
· The committee conducted a walk around. Concerns raised will be communicated to Graywood, BHVA and Bristol Harbour Resorts.
· The guidelines are being finalized. They are to be presented to the Board in July and if possible sooner.
· A meeting was held with Doug Allen from Graywood. Many issues were discussed and BHVA’s guidelines were reviewed.
· The house being built on Hagen Trail was placed incorrectly on the site.
· The next Environmental Committee meeting will be held on June 19, 2008.
Motion for approval of the Environmental Committee Report by Carolyn Hotchkiss, seconded by Richard Booth, motion carried.
Facilities Committee Report-By Leo Raab:
Leo Raab provided an overview of the following topics:
· Leo Raab thanked the EC for approving the wood and chain link fence for the compactor
· Leo Raab provided a refuse comparison for the first ¼ of 2008. The costs for refuse in the first ¼ have been $8,200.00. The costs for the first ¼ of 2007 were $8,905.00.
· 5 bids were received for the Spyglass Hill Road project. It was narrowed down to 2 contractors and only 1 responded, Pooler Enterprises Inc. Pooler Enterprises is ready to begin the project in mid June
· Parrone Engineering will prepare the contracts.
· Jay Adams provided information regarding a line of credit with Canandaigua National Bank. An Operating Line of Credit for $100,000.00 would be used for on-going projects; renewable annually and cleared when the project is completed via full pay off or Commercial Term Loan. Interest is paid on only
what is borrowed. A Commercial Term Loan will be utilized if the revolving line of credit is not paid off in 1 year. Approval for the loan project can be completed within 30 days from Board approval. Discussion followed.
Motion to accept the line of credit presented by Canandaigua National Bank and to move forward with phase one of the Spyglass Hill project using Pooler Enterprises by Leo Raab, seconded by Carolyn Hotchkiss, Art Smart opposed, motion carried.
Motion for approval of the Facilities Committee Report by Leo Raab, seconded by Art Smart, motion carried.
Recreation Committee Report- By Shelly Gerstner:
· A beach party is scheduled for May 24th.
· A recommendation that a wine tour be scheduled as an activity for the residents and guests. Use of the shuttle bus will be researched as an option for this activity was discussed last month, Michelle Alvaro will follow up.
· Hosts are needed for September, October and November’s Neighbor’s Night.
· Michelle Alvaro will contact Greg Mulhern regarding the schedule of the shuttle bus and if it will be utilized during the holiday weekend.
Motion for approval of the Recreation Report by Shelly Gerstner, seconded by Carolyn Hotchkiss, motion carried.
Treasurer’s Report-By Stephanie Russ and Jay Adams
· Jay Adams provided overview of the BHVA April 2008 financials and the BHVA reserve.
· The audit is forthcoming. The audit will be available at the July meeting.
Motion for approval of the Treasurer’s Report by Leo Raab, seconded by Larry Hubler, motion carried.
Special Committee Reports:
Town Board/Planning Board-By Larry Hubler:
Larry provided an overview of the following:
· The Town of South Bristol is celebrating its 170th anniversary. A celebration will be on July 19, 2008 at the town barns.
· Installation of docks for the Ketmar project were discussed at the meeting. Two proposals were submitted. 1. Cut into the cliffs to accommodate the docks. 2. Build a walkway over the water for the docks.
· Larry Hubler is attending the monthly zoning board meetings.
· The Comprehensive Plan is being finalized and has to be presented to the Town Board for approval.
Motion for approval of the Town Board/Planning Board Report by Larry Hubler, seconded by Leo Raab, motion carried.
Community Center Update-By Dave Eldon:
Dave Eldon provided an overview of the following:
· The landscaping is being completed by Carolyn Hotchkiss.
· The maintenance staff has planted flowers around the Community Center.
· Sally Eldon donated the hanging baskets.
· Pavers are being installed.
· The walkway lights are to be installed on Friday, May 23, 2008.
· There are many Community Center rentals for the summer season.
· In regards to finances, we a currently in the black.
· Michelle Alvaro thanked Dave Eldon for all his assistance with the Community Center rentals.
Motion for approval of the Community Center Report by Candace Ryan, seconded by Carolyn Hotchkiss, motion carried.
Declaration:
A draft copy of the Declaration will be forwarded to all residents. Two informational meetings to discuss the Declaration will be held on Saturday, June 28th at 10:00 am and Wednesday, July 16th at 6:00 pm. The dates will be posted on the web site. A tentative date of August 9th will be held for the special meeting to approve the documents.
Motion for approval to accept the revisions of the by-laws and the Declaration as prepared by Ron Shubert of Phillips Lytle with two informational meetings to be held on June 28, 2008 and July 16, 2008 by Leo Raab, seconded by Richard Booth, motion carried.
Communication Committee-By Art Smart:
Art Smart provided an overview of the following:
· Wendy Blackstone’s Villager/Web Site report was reviewed.
· Art Smart presented his Communications Report.
· Art Smart and Michelle Alvaro will develop a “flash report” to residents in between Village publications.
Motion for approval of the Communications Committee Report by Art Smart, seconded by Leo Raab, motion carried.
Nominating Committee-By Richard Booth:
The committee met and there is a potential of eight candidates for the Board this year. There are three vacancies on the Board this year. Two vacancies are for three year terms and one vacancy is for a two year term.
Citizen of the Year Committee-By Richard Booth:
Richard Booth reported that there are still four applicants submitted for Citizen of the Year. No other nominations have been received.
Motion for approval of the Nominating and Citizen of the Year Report by Richard Booth, seconded by Art Smart, motion carried.
Old Business:
Richard Booth thanked Michelle Alvaro for all her work on gathering information in regards to contractor insurance requirements.
New Business:
· Fred Sarkis has requested that his letter of be submitted in the record of the BHVA minutes. Please see below letter.
Fred Sarkis
28 Cliffside Drive
Canandaigua, NY 14424
May 16, 2008
Sally Eldon, President, Bristol Harbour Village Association
Dear Sally:
A few years back, I asked a nominating committee chairman if my application to serve on the BHVA Board would be welcomed. I was advised that I am not a year round resident.
I met with you last November with a list of issues that I felt were in the best interests of all Unit Owners. Correspondence has been exchanged since then. I was not asked to serve on an existing committee.
A few years back I served on the Declaration and Review Committee. I resigned because I believed the Committee was on the wrong course in allowing multiple votes per "Development" or per "Unit". Developer threats and flawed legal counsel led to multiple votes per "Unit" and multiple votes per "Development". My belief was confirmed by Ron Shubert. My "red flag" went unheeded. Bottom line - as we now know, the legal opinion involving multiple votes was flawed. To recently suggest that legal costs incurred were not wasted is inaccurate.
Even today, there is the perception that Developer approval is needed to amend our Declaration and By-Laws. In fact, and based on legal opinions I obtained, the reality is this. After 20 years, or in 1991, BHVA has the legal right to amend its Declaration and By-Laws without written approval of the Developer with one exception - it cannot change the number of planned Units. (However, and we often fail to realize this, the maximum number of units is controlled by public hearings, town government and the DEC). Again, I waived a red flag. It was ignored. The record shows that we were, in fact, waiting for the approval of the Developer's attorney.
In regard to BHVA roads, we have taken over roads that we were not legally responsible to take over. My input was again unheeded. Further, we have failed to creatively work with the town, not in a take over of our roads, but, in a reasonable, compromised sharing of the costs of road maintenance related to taxes paid. In fact, there are other town-road-comparables that open the door for this dialogue. Again, I was not asked to serve, in spite of recent honors I received from the Town for the founding of Bristol Mountain & Bristol Harbour developments.
In regard to water meters, which impact on sewer usage, close to five years ago, the Developer advised all users that meters were to be placed on all BHV units. Has any board member stopped to consider that this did not occur since it would serve to highlight the inequities in developer payments for special assessments and operating costs?
Therefore, in regard to the special meeting that I requested with the BHVA Board, and your April 25 rejection of this request, this is to advise that I will not engage in an "unofficial" dialogue with a "resident", in spite of the fact that I hold this resident in high regard.
With financial data that is available to all BHVA Board Members, it does not require a meeting with me, or an accounting degree, to determine that the Developer's administrative and management charges to the sewer and water corporations are excessive and unreasonable. This amounts to 40 cents of every dollar in operating costs, paid by our residents. How this fact can be tabled, overlooked, and/or ignored by the BHVA board in their responsibility to all residents, regardless of where they reside, is beyond my comprehension. I said it before and I will say it again. It borders on a failure in a fiduciary responsibility. It is my firm and experienced opinion that all residents have a right to know.
Regarding the sewer-water issue - It has gone beyond me. It is no longer in my hands.
Please understand that I am well aware that BHVA Board Members, indeed, devote significant time and attention to a magnitude of issues. However, in areas where I could have made a contribution of my time to save BHV residents thousands of dollars, I often wonder why I look at a wall of resistance rather than a welcomed bridge of understanding? I wonder why I am not asked to serve. I wonder. Why is it? Does anyone, including the executive committee, have the fortitude to tell me in a meeting?
Imagine a community where facts are disclosed to residents who are also customers of the Developer. Imagine the power of Unity as it pertains to the Town, DEC and PSC. Imagine the hundreds of thousands of dollars saved for residents. Imagine a community, under the umbrella of the Attorney General's Office where annual and full Developer disclosures are made, as required by law, and to my knowledge, currently in violation without any BHVA action taken.
Imagine fair and equitable charges for residents as well as developer-owned-facilities. Imagine negotiations with the Cable Company that allow bulk rates to residents, no different than a multitude of Florida communities, under the umbrella of a homeowners' or condominium association? Is it time to get creative, to act now on rights? If not, then what is the reason for inaction or tabling issues that involve thousands of dollars a year in resident savings?
Yes, I am resident who believes that ideas can become a reality with Unity. And, again, I wonder, what is wrong with my communications in the interest of all residents?
Finally, past presidents and residents have expressed their concerns in writing for recording in BHVA records. I request that this communication be made a matter of record as well. In the interests of all residents, on the above issues, this time around, I am determined and committed to see that BHVA Board action is taken, rather than tabled or deferred.
Fred Sarkis
Resident
cc: BHVA Board Members, R. Johnson, D. Titus, D. Rimai, M. Moretti, R. Symon
Motion to maintain the Board’s stand as was previously stated in the April 25, 2008 Board response letter to Mr. Sarkis by Richard Booth, seconded by Art Smart, motion carried.
Leo Raab-5559 Vardon Drive: Expressed concerns regarding recycling and what is being placed in the containers. What are we missing in educating the residents? This misuse of recycling could have an impact on BHVA’s refuse rates. Possible solutions were to put digital images of the refuse on the web site, create a buddy system to take items to the transfer facility and possibly asking the residents for other options to the this issue.
Fred Sarkis-28 Cliffside Drive: Recognized that the Board is dealing with several issue, but still wants to address issues that have been raised. Fred Sarkis would be willing and would be willing to meet with the Board and Art Smart for an unofficial dialogue with a resident. Fred Sarkis stated that his letter was based on legal opinions he has received. Fred Sarkis states that he cares for the entire community and is committed to letting the residents know what he knows. He is willing to meet and assist Larry Hubler with any town issues.
Dave Eldon-5832 Harbour Drive: Dave Eldon stated that the Steering Committee was developed to work on issues regarding the village.
Bernice Caprini-5536 Vardon Drive: Stated that she was pleased to hear that fences are being mended between BHVA and Graywood and that it is appreciated.
John Constance-5 Spyglass Hill: Has not heard back from Paul Lamphier regarding the installation of water meters. He would like to see the mandate.
The next Board of Directors meeting will be held on June 26, 2008.
Minutes Approved June 26, 2008
Michelle Alvaro; Recording Secretary-BHVA Board of Directors