April 18, 20007 Meeting Minutes

Meeting Minutes:

 UNAPPROVED

WITHOUT CORRECTION, ADDITIONS OR DELETIONS

FALLS RUN COMMUNITY ASSOCIATION, INC.

 

Minutes of the Meeting of the Board of Directors

April 18, 2007

 

The Falls Run Community Association, Inc.’s Board of Directors met on April 18, 2007 for a Work Session at the Center.

The meeting was called to order at 7:00 PM by Bill Nosal, President.

A quorum was present.  Board members attending were:

Bill Nosal, Mal Malo, Toni Brown, Art Gabler, and Dan Owens.

Chuck Heath and Jim Stagner were away.

 

Also present: Marvin Wagner, Parliamentarian; Jim Armstrong, and Sylva Southwell, Property Manager, Armstrong Management.

 

Bill Nosal announced we would begin with a briefing on the letter from counsel, with open questions from the floor. See attached notes for detail.

 

Mal Malo moved, 2nd by Art Gabler, to approve and suspend reading of the minutes of April 4 and April 11, 2007.  Carried unanimously.

 

Mal Malo, 2nd by Art Gabler, moved to continue with Ed O’Connell as our attorney.  Carried unanimously.

 

Art Gabler moved, 2nd by Mal Malo, to adjourn at 8:30 PM.  Carried unanimously.

 

 

Submitted by:

Toni Brown, Secretary

Falls Run Community Association, Inc.

 

NOTICE

The next working session will be Wednesday, May 2, 2007 at 10:00 PM at the Center.  Everyone is welcome to attend.

Meeting Notes:

INFORMATION ONLY

NOT TO BE CONSIDERED MINUTES

NOT A TRANSCRIPT

 

Notes from Board of Directors Meeting

April 18, 2007

 

The Falls Run Community Association, Inc.’s Board of Directors met on April 11, 2007 for a Work Session at the Center.

The meeting was called to order at 7:00 PM by Bill Nosal, President.

A quorum was present.  Board members attending were:

Bill Nosal, Mal Malo, Toni Brown, Art Gabler, and Dan Owens.  

Chuck Heath and Jim Stagner were away.

 

Also present: Marvin Wagner, Parliamentarian; Jim Armstrong, and Sylva Southwell, Property Manager, Armstrong Management.

 

Bill Nosal announced we would begin with a briefing on the letter from counsel, with open questions from the floor.

 

Marv Wagner, Parliamentarian, explained the importance of the terms confidential and privileged as applied in legal issues.  When a legal document, such as the letter the Board received, is notated confidential and privileged, it cannot be subject to subpoena, therefore the content can not be used against us in any way.  That was the reasoning behind not distributing the letter to begin with and the Board acted in accordance with advice given by our attorney.

 

A resident in attendance asserted that residents are the client.

          It should be understood that the Board is the elected representative of the residents of the community.  Counsel only responds and gives advice to the Board.  The Board was faced with a sensitive issue subject to legal liability.  The Board took the necessary action to protect the community.  We suspended rather than terminated the activities in question pending further study of alternatives.  It is not the Boards intention to shut down everything.

 

 

 

Further questions:

          Why after 5 years has this issue finally come to light?

We have been fortunate not to have any alcohol associated accidents, or any other trouble.

          What is the cost of an annual alcohol license?

                   Researching

          What triggered the letter from the attorney?

                   The events at Four Seasons and relative concerns

What about other communities that are carrying out these activities?

                   We can only be concerned with Falls Run

 

Toni Brown invited residents to use this forum to express all of their concerns.  For example, why pay $55 per alcohol permit when some of us don’t drink? Now is the time to get it out and have questions answered here rather than on the Internet.

Resident’s response: There are many things that not all participate in.  Some never use the equipment room or pools, for example.

 

          What about having the Lions Club sponsor bingo?

Falls Run Lions Club in existence only 2 years, checking to see if we can fall under the umbrella of the national organization.

 

         

Miscellaneous Open Forum

          Are we going to ban overnight parking on streets?

If problem is chronic and consistent, resident should notify Armstrong Management.  The management company will first send out a friendly reminder of the rules and follow up if necessary with a violation notice.

 

          Where can we park cars in an overflow situation?

Contact Activities Director for sticker to OK parking at the Center.  This was decided quite some time ago and will be restated to make residents aware of the option.

         

         

 

Is the current gate solution permanent?

Nothing is permanent. Something had to be done.  We are researching alternatives.

As has been stated before, residents could alleviate the situation by using alternate gates, Smithfield or Gladstone, and instructing visitors and vendors on the proper use of the gates.

 

          How long before we can use the tennis court?

          Can we use it at our own risk?

                   Yes, it can be used at your own risk.

 

          How can residents change rules they don’t like?

The Board can make and change rules and can change the By-laws.  The CC&R’s require a 662/3 vote of the total community dwellings.  The Design Guidelines are not part of the CC& R’s and are under the jurisdiction of the Modifications Committee.

It is possible to petition the Board for changes.

 

          Why isn’t Armstrong paying for manager’s office space?

It is the responsibility of the community to provide an office for property manager.  The original site plan of the Center calls for an office where the concierges are now located.

 

          Referencing the Action List (see notes of April 4 avail on the Web)

                   Item No. 9 - Who is covered by job descriptions?

                             The concierges

                             The Activity Director

                             The Custodian/Handyman

                             Available upon request of property manager

                   Item No. 17 – Rewiring for electricity in new concierge area

                     What is cost per bid?  Electrician must be licensed.

The Board set a $10,000 limit on the property manager’s office and electrical wiring for new concierge area.

We are waiting on permits from the county in order to begin construction of office.

 

 

 

Mal Malo moved, 2nd by Art Gabler, to approve and suspend reading of the minutes of April 4 and April 11, 2007.  Carried unanimously.

 

Property Manager’s Report – Jim Armstrong, Armstrong Management

The 2006 audit is still outstanding.  Our auditor, as of this week, has received all the information necessary to complete the 2006 audit and we should have a status report by April 25, 2007.  Upon completion of the audit, the auditor expects to see that all unaccounted for 2005 funds have been recovered.  The Board will wait for the 2006 audit to determine what our next step will be, if necessary.  Monthly financial statements provided by Armstrong will have to be adjusted based on final information.  The finance committee is working with Armstrong in order to answer some simple questions.

 

Armstrong has completed purchase of three certificates of deposit as directed by the Board (see April 4 notes on Web).

 

We have been informed that our attorney Ed O’Connell has changed firms and is now associated with Whiteford, Taylor & Preston L.L.P. which is a large, very well respected firm.  Ed O’Connell would like to continue his association with Falls Run.

 

Upon a strong recommendation from Jim Armstrong, Mal Malo, 2nd by Art Gabler, moved to continue with Ed O’Connell as our attorney.  Carried unanimously.  Armstrong Management will write the necessary letters to both legal firms advising them of the Board’s decision and requesting that our records be moved to the new firm.

 

Armstrong and the Communications Committee have been working together on various issues concerning the Falls Run Information System (FRIS).

 

Sylva Southwell announced that our new Custodian/Handyman has begun necessary repairs around the Center. (See April 4 notes).

 

Mal Malo - Treasurer

Mal announced that the finance committee has reviewed its charter.  No changes are necessary.

 

The waste management contract expires in August.  We need to give them notice of cancellation by May 31, 2007.  Mal asked Armstrong to make this a high priority item.

 

The finance committee is working on additional questions regarding the Mason & Mason study before the committee begins working on the 2008 budget.

 

Dan Owens – Communications Committee-Liaison

Dan asked for and received permission from the Board to research the Channel 11 failure.

Jack Mounts – Communications Committee Chair

Jack gave a detailed report of the progress on the Falls Run Information System.   We need, but do not have, information on tenants.  Len Godeck has been invaluable in the work he has done on the data base.  When data base is complete, census will be updated continuously allowing the Board to monitor age qualifications when necessary.  For additional information, please see the minutes of the Communications Committee meeting of April 11, 2007 attached.

 

Art Gabler – Community Center Committee – Liaison

Indoor and outdoor pool contracts have been signed with Douglas Aquatics.

Card table tops will be restored. (See April 4 notes on Web for details)

Pool rules have been revised and sent to the Board for approval.

Conversion of tennis court bleacher area into planters will be reviewed by the Board.

Bob Gilbert – Community Center Chair

Committee charter has been submitted to Board for their approval.

Acoustical doors for meeting rooms need repair.  Estimated cost to replace determined to be approximately $38,000.  Based on that cost, it might be possible to recommend a revision to the Mason & Mason report estimate of $68,000.

Committee has looked into the possibility and cost of installing a double oven in the Center’s kitchen.  The cost is approximately $6,600.  There is no recommendation to proceed at this time.

 

Bill Nosal – President

There is a need to create an official e-mail address for communication to the Board.  Our webmaster, Dan Augustine, will do further research on creating such an e-mail on our web site.  The matter was tabled for further discussion at the next meeting.

 

Art Gabler moved, 2nd by Mal Malo, to adjourn at 8:30 PM.  Carried unanimously.

 

After adjourning:

Cindy Horan, Property & Grounds Chair clarified that the cost of a landscape master plan is $6,000.  Look for an article by Janie Cindric in the May Gazette.

Work by the contractor Farrar continues on the wet and dry ponds as well as other areas.

 

Margie Kramer – Election Committee Chair

The committee will begin meeting in June or July to plan for the year-end elections.  Four seats will be vacant.  We look forward to many coming forward as candidates.  We would like representation from the Villas on the FRCA Board.

 

Dan Augustine – Webmaster

Dan announced there have been 29,000 hits on our web site since December 2005.

 

The next working session will be Wednesday, May 2, 2007 at 10:00 AM at the Center.  Everyone is welcome to attend.