June 15 2023 Meeting
GULF HARBOUR MARINA CONDOMINIUM ASSOCIATION, INC
BOARD OF DIRECTORS MEETING
June 15, 2023
IN ATTENDANCE
Board members in attendance: Dana Snyder and by teleconference, Tracy White, David Kelley, Craig Anderson and Mike Needler.
Also in attendance:
Office Manager, Lisa Lowery, Dockmaster, Austin Bynum and;
Christopher Shields, legal counsel and;
20 Slip Owners represented: In person slip owners (4); Robert Beasley, Doug Duncan, Brien Grow, Chuck Nystrom
Attending via Teleconference were sixteen (16) slip owners; Dave Bernstein, Vincent Chionchio, Mark Deprey, Geralyn Donovan, Bob Elling, Barbara Heine, Jeff Hockert, Kurt Johnson, Jim Laurita, Ruy Sampaio, Clayton Scharff, Keith Vadas, Kevin Vasquez, Joe Watson, Jeff White, 239-218-6933 (Unknown)
CALL TO ORDER
Dana Snyder called the meeting to order at 8:02 A.M and announced that all Board members are in attendance, with four members, Tracy White, David Kelley, Mike Needler and Craig Anderson on the phone.
Dana Snyder called for proof of notice of at least 14 days to members for the Notice of adopting the rule change. Mike Needler confirmed that Notice was dated June 1st and was mailed to entire members addresses.
APPROVAL OF MINUTES
The Board reviewed the May 19, 2023 minutes. Tracy White made a motion to accept the minutes, David Kelley seconded the motion, all board members voted in favor to approve the motion.
The Board reviewed the May 24, 2023 minutes with Dana Snyder making one correction regarding a date error. Mike Needler made a motion to accept the minutes as corrected, Craig Anderson seconded the motion, all board members voted in favor to approve the motion.
TREASURER’S REPORT
Treasurer Anderson advised the board that due to the short period from June 1 to the board meeting date, the financials were incomplete. Mr. Anderson reported both operating and reserve funds are managed through ICS. The cash balance is $4,025,232.
Two major areas need to be reviewed with MB before closing…reserve funding and insurance.
Ian repair and rebuild expenses totalling $1,014,917 with the major portion being Acra Electric. Current balance is $5,436,389 and does not include reserves.
Mr. Anderson reported Fountain has changed attorneys and no reported action on litigation.
Discussion about the Reserves was deferred to the discussion with the Wharfs and Piers in new business. Dana Snyder reports that 100% of the first installment of the special assessment have been received, even from the Schwab estate. Lisa Lowrey reports that she is in possession of 5 slip owners postdated 2nd installment of special assessment payments, and only 85 others remain outstanding. Balances will be monitored closely as the board has decided to enforce the late fee and to charge interest on payments received after July 10th.
David Kelley made a motion to accept the treasury report Mike Needler seconded the motion, all board members voted in favor to approve the motion.
SECRETARY’S REPORT
Secretary Needler reported that two Marina Updates were sent to members.
Secretary Needler indicated that all required notices were made for this board meeting and an affidavit attesting to the notice is on file.
Secretary Needler reported that at the May 24, 2023 meeting One Hundred twenty-eight (128) proxies/votes were received with all 128 voting to approve the revision to the Declaration of Gulf Harbor Marina, A Condominium.
This revision passed unanimously.
Tracy White made a motion to accept the Secretary’s report Mike Needler seconded the motion, all board members voted in favor to approve the motion.
VICE PRESIDENT’S REPORT
VP Tracy White stated that there was nothing new to report at this time.
MARINA APPEARANCE COMMITTEE
David Kelley, Director Marina Appearance/Buildings and Grounds and Austin Bynum reported on the status of several projects.
The landscape contractor, Parsons, have all our material, but have lost some workers due to the new Florida immigrant law about eVerify requirements. Parsons is still coming every week to mow.
Austin reported plantings of palm trees & billy bushes, the sod/grass is struggling to hold, even with extra watering. The steps to the Marina Center have been painted, decorative foam soffits are completed, and gutter replacement is scheduled for next week. Following that, the canvas install is about a month or 2 out. After the canvas is completed, the fans will be installed and the broken tiles will be fixed, outdoor speakers, and finishing touches.
The Board next discussed the disputed boundary of the fence along the sidewalk by Harbour Landings. Based on the the data it appears the fence is 1 foot inside Harbour Landing their property line. The Landings agreed they would contribute to the cost if the board moved forward with a survey. David Kelley indicated that prior to the storm, the Landing painted that fence & the seam connects to fence that is all around their property. Dana indicated that it was suggested by Mr. Meagan that they might not repair that fence because it does not serve their benefit, but only the Marina’s.
Chris Shield suggested a “special purpose” survey at a significantly less cost because it does not contain an opinion and seal. They just locate the markers and proximity of the fence. Austin confirmed there are some visible markers in the area.
Dana Snyder requested to obtain bid costs from local surveyors and evaluated options including using SDI to assist. On motion by David Kelley, seconded by Mike Needler, the board voted unanimously to authorize Dana Snyder to proceed with completing the contract for survey with a not to exceed cap of $5,000.
SPECIAL BUSINESS
Following a review by legal counsel, Christopher Shields, Mike Needler made a motion, seconded by Tracy White to make an amendment to the Amended and Restated Rules and Regulations to permit the Board of Directors to approve and otherwise allow an existing Vessel presently moored at its assigned Slip to be temporarily relocated to an unoccupied and vacant Slip, but only for such period of time as their currently assigned Slip is undergoing repair and reconstruction. All voted in favor of the motion. The specific language is attached to these minutes as Exhibit A.
OLD BUSINESS
Dana Snyder and Austin Bynum next reviewed the following:
- Vessel Relocation status
- Dock box purchase status
- Repair and Reconstruction Update
- ACRA Electric status
- Lincoln Marine Status
- Guardian and Midcoast Marine contracts status update
- GC, Water, Waste, Fire, and Fuel System update
The activity level in the Marina has increased dramatically beginning early in June.
NEW BUSINESS
Dana Snyder discussed a plan to develop a Wharfs & Piers Reserves.
Dana Snyder discussed that before taking the time to perform a financial analysis of the required amounts to be reserved in the absence of Wharfs & Piers Insurance, the board supports a p Special Assessment. The moneys collected would only be used for catastrophic repairs, future deductibles or future premiums should an insurance policy for Wharfs & Piers be reasonable to obtain.
Dana motions for considering a special assessment possibly payable over five (5) years based on the required amount calculated in the reserve analysis to create a Wharfs & Piers Repair sinking fund to pay for uninsured expenses.
Craig Anderson expressed objection on the basis of the isolating the insurance funding instead of as part of the whole of reserve funding calculation. He further felt that funding of two reserves may present a problem for the members. Following lengthy discussion, Mike Needler moved and Tracy White seconded a motion that the board of directors consider adopting a special assessment that would be an amount that will be determined by the Board at future time, where the Board, before it sends out the notice to all the members regarding a proposed meeting of the Board Director’s at which the Board would plan to levy a special assessment. Further, the concept is that the special assessment would generate and be a source of funds to pay, or at least partially pay for the uninsured expenses if the marina facilities are damaged as a result of a casualty event; it would be to pay for uninsured expenses including, but not limited to, the deductible; anything over the policy limits and including premiums. It would be a source of funds that future Boards could actually use pay premiums on a future policy.
Motion carried with Snyder, Needler, Kelley and White voting YES and Anderson voting NO.
PAVESE LAW FIRM/LEGAL COUNSEL RETIREMENT
Christopher Shields officially confirmed his planned retirement, effective June 30, 2023. Mr. Shields has served as the Marina chief legal counsel since 2011. The Board thanked Chris for his outstanding contributions over the years.
NEXT MEETING
Next Board meeting date will be July 20,2023.
ADJOURNMENT
Tracy White made a motion for adjournment and David Kelley seconded the motion. All board members present voted in favor to approve the motion. Dana Snyder announced the meeting was adjourned.