PORT MALABAR HOLIDAY PARK MOBILE HOME PARK RECREATION DISTRICT 215 Holiday Park Boulevard NE Palm Bay, FL 32907-2106 Adapted 2/14/11 Board of Trustee Minutes of November 8, 2010 - Regular Meeting 1. Call to order By Gerald Livermore, Chairman, on November 8, 2010 at 7:01 2. Invocation By Gerald Livermore, Chairman 3. Pledge of Allegiance By Gerald Livermore, Chairman 4. Roll Call By John Bonasera, Assistant Secretary: Gerald Livermore, Chairman, Rebecca Earnest, 1 st Vice Chairman, John Bonasera, Assistant Secretary, Richard Kissinger, Treasure, John Corton, Assistant Treasurer, Edward Goldfield, Trustee, Richard Hayes, Trustee, all acknowledged their presence. Mary Ann Palmer, Secretary, was absent. Richard Anderson District Manager was also present. 5. Announcements by Chairman Karl Bohne, the Attorney for Holiday Park was introduced and he administered the oath of office to Joanne Gaughan, who took her position at the dais. Gerald Livermore changed the order of the listed agenda items be taking number 7, Attorney s Report Clarifying the Deed of Restriction and District Ordinance Enforcement options next, and introduced the District s attorney, Karl Bohne. Mr. Bohne began by addressing the various questions submitted to him prior to the meeting. He began with the provision which set up a board to enforce the deed restrictions. The Attorney General had previously issued a ruling to Holiday Park concerning whether or not the Park had the authority under Section 162 Florida Statute to create a code enforcement board. Holiday Park, being a special district is not a municipality or county and therefore cannot use the statute to set up a code enforcement board. Holiday Park can however set up its own internal enforcement board, but the deed restrictions would have to be amended [to provide the authority to fine violators]. Enforcement can only be done now with court injunctions which are not practical for most issues because of costs. Holiday Park can set up an enforcement procedure to bring people before a hearing. Mr. Bohne also explained the difference between the authority of Holiday Park and what HOA s could enforce.
Joanne Gaughan asked if the deed restrictions could be changed and the process. Mr. Bohne explained the process by which the Board could submit a proposed change to the lot owners in the District and upon approval by 51%, it would become a new Restriction of Deed. A question was asked if Holiday Park could limit the number of homes that a person can own in the District. Mr. Bohne said that it is not something that could be done, however limiting the number of rentals is possible but anyone who already owns multiple homes would be grandfathered in and it would not apply to them. Mr. Bohne suggested another option would be screening of tenants. A question was asked if a 10% owner can have a gate access decal. Mr. Bohne said there is nothing in the Deed Restrictions that limits an owner from having a decal with regards to percentage of ownership; the Board could restrict and limit the number of decals to people living in the park. Larry Densmore, 1107 Parkview Ct, asked if a home health care worker with 6 children who was on a deed could get a [gate access] decal and use the pool. Mr. Bohne said that these type of issues need to be addressed by the Board or as an amendment to the Deed. Mr. Anderson explained that the Board limits vehicle decals to (2) per home. A question was asked if illegally parked vehicle could be towed and Mr. Bohne advised the documents don t allow the District a remedy for such violations. At this time the Park would have to get a court injunction. The deed would have to be amended to authorize the board to tow a vehicle. A question regarding whether or not Holiday Park is required to provide maintenance of a parcel owned by HT Land Trust. The Tax assessor has this property listed as common open space, which is not owned by the District but is located in the Park. The deed does not require HT Land Trust to maintain this property or pay for the maintenance of this property. HT Land Trust owns several tracts of land in Holiday Park. Maureen Corton, 142 Holiday Park, asked if our sister Park [Holiday Park Recreation District is an independent District) on the west coast may have something to do with HR Land Trust? A question regarding the requirement of a utility building was asked and Mr. Bohne said there is no requirement in the Deed Restrictions that requires lot owners to install a utility shed. There is a requirement for a covered carport/patio. A question regarding who can use the vehicle storage compound was asked and it was reported that according to Ordinance 84-2 it may only be used by residence and is intended for owners who must resided in the park. For clarification on the jurisdiction of the Department of Health, under the definition of public swimming pool, the Department can issue rulings that apply to the District. Page 2 of 6
John Corton asked about how to amend the Deed Restrictions. It was recommended a fact finding committee be appointed to look at the Restrictions and to determine desired changes, noting Committee members would be subject to the Sunshine Law. Bruce Crabb, 442 Neighborly Ct, asked if this was a new law [lighting standards were required for night time pool operations] and if the District [current lighting] would be grandfathered? Mr. Bohne was not aware of the specific question issue but would look into it if directed by the Board. John LaLima, 1055 Sunflower, asked what authority the ACC had regarding renovations or installations of a new home by the owner or if it was governed by the City of Palm Bay. Mr. Bohne said there is a provision in the original declaration of Restriction for the ACC s control over location, position, set back, and architectural quality. The ACC can be more restrictive than the city but not less, and the Districts restrictions can be enforced with an injunction. Larry Densmore, 1107 Parkview Ct, asked if someone from the ACC could go out and give tickets. The Attorney advised it would have to be a designated body not an individual and that currently only Richard Anderson has been authorized as an individual to issue infraction notices. Gerald Livermore advised the District office issues letters regarding infractions not tickets. Mary White, 1115 Greenview Ct, asked why Barefoot Bay has a code enforcement Board. Mr. Bohne said they do not have a Board however they have a violations committee which makes recommendations to their Board of Trustees. Rod Lindsey, 290 Holiday Park, had a question on parking and carport, claiming two cars cannot be parked in the driveway as required in about 1/3 of the homes, and asked if it could be legally sold. He also asked about the provision to lien a property for not being maintained property and about the brand of shed that would be allowed, and if it was restricted to one particular style. Jean Beach, 1090 Moonlight Ct, asked how a committee would begin to rewrite the deed restrictions. Mr. Bohne said to begin all the documents should be reviewed to determine which Ordnances were properly adopted [approved by the owners] and then make recommendations. A comment was made about owners not being aware of the deed restrictions and new residence not registering with the park. Mr. Bohne said it s up to the buyer to do their due diligence. Tony Calore, 353 Holiday Park, asked if the ACC board member can give an opinion on a pending application. He was told he could. John LaLima, 1055 Sunflower, stated that he thought that the Ordinances were done illegally because they were not brought before the property owners. Mr. Bohne said the original deed restrictions and amendments were done by GDC itself [as well as 3 changes approved by the owners in 1989]. Larry Densmore, 1107 Parkview Ct, asked about the 51% approval and asked if the Board would have to get 51% approval to do away with an amenity. Mr. Bohne advised as to governmental property, the Board could dispose of its property without permission of 51% of the owners. Page 3 of 6
Bruce Crabb, 1222 Neighborly Ct, asked if the board of trustees had the right to issue fees. Mr. Bohne said that they did. 6. Treasurer s Report: Presentation of financial report for September 2010 (year end) The Revenue, Expenditure, Budget Allocation Reports and Balance Sheet were distributed with the meeting agenda. John Corton reviewed the Treasures unaudited reports and the status of loan payments. A motion was made by John Bonasera to approve the Treasures report. Joanne Gaughan noted that we were paying almost as much in principal as interest. The vote was called and passed unanimously. 7. Attorney s Report - See Above- OLD BUSINESS 8. Pool Lighting Project [10/11/10-01] Consideration of $8,838 to $9,844 bids (depending on option) to upgrade deck lighting levels to meet state requirements for night time operations. (Project budgeted in Capital Projects & Equipment). District Manager s 9/8/2010 Memo Number 10-42 with bid tabulation was distributed with the agenda. Specifications previously distributed on file. John Bonasera made a motion to move it to the next workshop. A vote was called and passed unanimously. 9. Deed Restrictions and Ordinances Compliance Monitoring [10/25/10-01] Consideration of proposal to increase the level of compliance monitoring by dividing the District into 9 areas, with a Trustee assigned to coordinate enforcement activities in each. District Manager s 10/15/2010 Memo Number 10-45 and location of the proposed areas were distributed with the meeting agenda. The Manger advised that Richard Kissinger asked in his absence to have this item held over to the workshop meeting. John Bonasera said he would like to make a motion to have consideration of his proposal rescinded. Russ Livermore stated he thought it was important to have a plan to address such issues. Motion made to move to a workshop meeting by Becky Earnest. Bruce Crabb, 442 Neighborly Ct, did not think it should be a responsibility of the Board of Trustees to police the grounds. Kathy Kerber, 405 Holiday Park, asked if the City of Palm Bay could enforce the Districts regulations. Page 4 of 6
John LaLima, 1055 Sunflower, thought that the deed restrictions should be put in order first. A vote was called to move to the next workshop. Vote passed with (1) John Bonasera opposed. 10. Card Room Expansion [10/25/10-02] Consideration of proposal to reduce the size of the laundry area to create a separate room for card playing and other activities. Estimated cost (excluding in-house labor) $1,500. Funds available in Capital Projects Buildings and Improvements. District Manager s 10/22/2010 Memo Number 10-46 was distributed with the meeting agenda. John Bonasera made a motion to approve. Joanne Gaughan asked if there was an estimate on in-house costs. Mr. Anderson estimated 40hrs of staff time for the project. Becky Earnest asked how many people could be in the new room per the fire code. Richard Anderson said he had contacted the fire department and was waiting for an estimates. Vote was called and passed unanimously. 11. Sidewalk Replacement Program - 2010-11 Phase 1 [10/25/10-03] Consideration of authorizing Grounds Department to replace damaged sidewalk sections (332-420 Holiday Park Blvd.) at an estimated cost of $3,150 ($15.75 per lineal foot) Funds available in Capital Projects & Equipment. District Manager s 10/20/2010 Memo Number 10-44 was distributed with the meeting agenda. Motion to approve was made by John Bonasera. John LaLima, 1055 Sunflower, asked how much it would cost to replace the sidewalks with asphalt. Richard Anderson indicated that he was getting estimates. Rosemarie Sommer, 256 Mystic, asked about the sidewalks in her area. Russ Livermore said that they were having a meeting with the paving company to replace the sections they damaged. John Corton asked if we could wait on voting until Mr. Anderson had the costs for using asphalt. Motions to approve previously made were rescinded and a motion made to wait until costs had been established for concrete vs. asphalt. Vote was called and passed unanimously. 12. Accounting Service - Fiscal year starting October 1, 2010 [10-25-10-05] Consideration of renewing engagement of Accountable Bookkeeping & Consulting LLC to provide accounting services for 2010-11; Monthly fee of $750 (Annual cost $9,000). Funds budgeted Administrative Operations Contract Accounting 2009-10 average $700). Motion was made to approve by John Corton. Mr. Anderson provided Joanne Gaughan the details in response to her request for breakdown in charges. A vote was called and passed. Page 5 of 6
13. Budget Adjustments fiscal year ending September 30, 2010 [04-09-04] Consideration of proposed year end internal line item adjustments to reflect revised revenue and expenditure projections (subject to audit). No change in the total $1,620,360 approved budget. Proposed 2009-2010 detailed line item budget revision report was distributed with the meeting agenda. John Corton noted the changes to the contingency fund of $33,600 to $29,100.00. A motion to approve was made by John Bonasera. A vote to approve was called and passed unanimously. NEW BUSINESS 14. Data Storage Services [11-08-10-01] Consideration of renewal of agreement with IKON Professional Solutions for off-site storage of District s electronic data for 2010-11 fiscal year; no increase in $87.50 monthly fee (annual cost $1,050). Budgeted in Administrative Operations Office Expense. A copy of the proposed contract was distributed with the meeting agenda. Motion to approve was made by John Corton. A vote was called and passed unanimously. 15. Public Comment no Comments 16. Trustees Remarks and Announcements John Corton reminded everyone to use flashlights when walking in the Park at night and commented on people not observing stop signs. Becky Earnest commented that everyone present wanted to keep this park a nice park and asked everyone to give the board some time to work through the deed restrictions. Richard Hayes commented about the new recycling program and collection schedule. 17. Adjournment Becky Earnest made a motion to adjourn. A vote was taken and passed unanimously. The meeting was adjourned at 9:00 P.M. Mary Ann Palmer, Secretary Page 6 of 6