Present:                      Paul Pontrelli, Steve Rubin, Jose Gutman, Michael Docks, Vince Knight                                                & Eric Marcus.

 

Not Present:               Danialle Morris and Dominic Potenzini

 

Also Present:              Paul Valyo, Community Management & Construction, Inc.

 

Mr. Rubin opened the April 6, 2009 Board Meeting at 7:00 pm and welcomed all Board Members and Homeowner Members in attendance.

 

MINUTES  – The March 2, 2009 Board Meeting Minutes were reviewed by the Board. Mr. Gutman stated there was no mention in the March Minutes regarding moving a Board vote to the April Board Meeting to hire an attorney to review the Comcast Agreement and send a letter to Comcast. The Board decided to discuss this issue later in the Meeting.

 

Mr. Pontrelli asked for a correction in the "Old Business" portion of the March Minutes where the Minutes state Mr. Pontrelli made a motion and seconded the same motion. Mr. Valyo will listen to the recording and correct this error with the proper second to the motion.. A motion was made by Mr. Pontrelli to approve the Minutes with the correction as stated. The motion was seconded by Mr. Marcus and unanimously approved by the Board.

 

SECURITY – Bill Petraglia gave a March 2009 Security Report. Mr. Petraglia stated he received a phone call from a Board Member regarding a prowler in his back yard. A Sheriff’s Deputy was called and a police report was prepared. The prowler was not apprehended. The community graffiti issue will be discussed later in the meeting. No other problems or issues to report.

 

WEBSITE – Mrs. DeMattei reported there was nothing new to report.

 

BAY WINDS BOARD OF DIRECTORS – Mr. Ristau told the Board BW is still waiting for the South Florida Water Management District Water Use Permit to be issued.

 

BEAUTIFICATION COMMITTEE – Fran Neiman told the Board Mr. Valyo will discuss the repainting of Town Hall and installation of new awnings for Town Hall. Mr. Valyo explained to the Board the painting of Town Hall is completely funded from the Reserve Account and has been for several years. The painting was not done because it was not necessary at the time. The awnings will not be fully funded from the Reserve Account until after 2010. Mr. Valyo suggested to the Board to complete both the Town Hall painting and the awning replacement the end of 2010 after the rainy and hurricane season. The Board agreed with this suggestion.

 

WEST BOCA COMMUNITY COUNCIL – Nic Rongione told the Board the County attorney is obtaining a cost estimate for a transportation lane for State Road 441. After this estimate is furnished to the DCA state agency, the University Drive and Riverside Drive extensions should be removed from the county road plan. Mr. Rongione also stated the West County Amphitheater will have a concert on June 16, 2009. REO Speedwagon, 38 Special and Styx will be performing.

MANAGEMENT REPORT – Mr. Valyo told the Board he sent 164 violation letters in March.

There are no major or minor problems to report at this time. Spring Break was not a problem except for a teenage party at the west pool got a little out of hand – but no damage to report. Shrubs were fertilized in March and turf will be fertilized in April. The Fig White Fly has reappeared on the Ficus shrubs again and were sprayed where necessary.

 

ADDITIONAL LANDSCAPING/TREES FOR ENTRANCE – Fran Neiman reminded the Board the Committee's request for twelve (12) new Lagustrum trees at the new entrance was not approved by the Board at the March Board Meeting. Mrs. Neiman is again requesting the Board re-visit the request at this Board meeting. Mrs. Neiman explained to the Board that additional landscape at the ends of each entrance wall was always in the original landscape theme but  never installed. Mr. Rubin stated additional landscape was not originally installed due to budget constraints.

 

After additional Board discussion Mr. Pontrelli made a motion to have Tropical Growers install twelve (12) Lagustrum trees and two (2) Mahogany trees at the new main entrance for the sum of $3,338. The motion was seconded by Mr. Marcus.

 

The motion passed  5 in favor to 3 not in favor of the motion.

The votes were tallied as follows:

 

For motion:                   Mr. Rubin, Mr. Marcus, Mr. Potenzini and Mr. Pontrelli and Mrs. Morris.

                                    Mr. Potenzini and Mrs. Morris voted by telephone vote.

 

Against motion: Mr. Knight, Mr. Docks and Mr. Gutman.

GRAFFITI - Mr. Rubin reminded the Board that at the last Board Meeting the Board voted to have the association attorney send a certified letter to the Boca Winds homeowner and mother of the 18 year old boy who confessed he was the person responsible for the graffiti sprayed on signs and entrance walls around the community. The attorney letter gave the mother 30 days to pay the association $1,188.98 for repairs to the association property. As of today's date there has been no payment or communication from the mother. The 30 day time limit expires on April 10, 2009. If the check is not received by April 10 the Board vote was to have the Sheriff's department arrest the 18 year old. Mr. Rubin asked the Board if anyone was willing to contact the mother or son to see if payment will be forthcoming before the arrest is made. Mr. Docks agreed to contact or call the mother to discuss the issue with her.

 

Mr. Rubin told the Board that Mr. Valyo, Bill Petraglia and himself met with the Deputy that confronted the teenager regarding the graffiti and obtain a confession and discussed options to collect the $1,988.98 form the mother or son.

SIDEWALK AND SIGN REQUEST - MONTEREY BAY - Mrs. Morris asked Mr. Valyo to include these two requests in the Board Meeting agenda. Mrs. DeMattei explained the requests from the Monterey Bay Neighborhood Committee. The installation cost for the proposed 10 foot section of sidewalk extension and two "Slow Down For Children" signs was discussed. Since Mrs. Morris is not in attendance at the Board Meeting this issue will be postponed until the next Board Meeting. Mr. Rubin asked each Board Member to go back to their Neighborhood Committees and ask if they wanted "Slow Down For Children" signs installed in their Neighborhoods and this issue will also be discussed at the next Board Meeting. Mr. Rubin requested Mr. Valyo to obtain a cost for the Monterey Bay sidewalk extension request and the cost for each "Slow Down For Children" sign.

12099 ROCKWELL WAY - Mr. Valyo requested the Board discuss the ongoing problems with 12099 Rockwell Way. There were several residents representing Heritage Square in attendance at the Board Meeting. Joe Babiarz, a resident of Heritage Square and next door neighbor of 12099 Rockwell Way, explained the problems with this property. It was stated the property had been abandoned soon after Hurricane Wilma due to hurricane damage in 2005. The roof was leaking water into the house and a blue tarp was placed on the roof which has since blown all over the Heritage Square Neighborhood. Mr. Babiarz went on to say the pool has not been maintained in years and the water is black; the house is full of mold and mildew inside and outside; the screen enclosure is severely damaged; landscape maintenance is being performed by the Association; the mold and mildew coming from the house is at a level that in his opinion is now effecting neighboring residents. The Association has previously cleaned-up debris on the pool deck. The house has been condemned by the Health Department.

There was a lengthy Board discussion regarding this community problem and what the Board could do at this time to assist with correcting some of the problems at the property. The Board instructed Mr. Valyo to contact the association attorney to see if association foreclosure can continue and to contact the Health Department and Code Enforcement regarding the numerous problems and violations. It was discussed to possibly contact Commissioner Aaronson and the West Boca Community Council for assistance.

 

FINANCIAL – The Board reviewed the Account Balance Report as of March 30, 2009. Mr. Valyo included the Boca Winds financial auditor's suggestions with their 2008 Audit. One of their suggestions was to close the separate Association account for Pool Key Deposits and to add these funds to the Operating Account. Mr. Valyo explained there was a log kept of all deposits made by homeowners for pool gate keys but this log was lost in Hurricane Wilma when the winds blew in the office window. Mr. Marcus made a motion to close the account with $13,241.27 labeled "Pool Gate Key Deposits" and add this amount into the Operating Account as per the suggestion of the Boca Winds auditors. Mr. Docks seconded the motion and it was unanimously approved.

 

The Board then reviewed the Delinquency Report as of March 30, 2009.  Mr. Valyo stated the Association is receiving checks from mortgage foreclosure and short sales but more homes are falling into mortgage foreclosure. There was a copy of a check received for a mortgage foreclosure in the amount of $5,291.14. It was noted the delinquency total is very high due to mostly mortgage foreclosures.

Mr. Valyo asked the Board for foreclosure approval of a property owned by Consumer Solutions, a mortgage company that recently foreclosed 22504 Middleton Drive. Mr. Pontrelli made a motion to foreclose on Consumer Solutions for their outstanding delinquency on 22504 Middletown Drive. Mr. Marcus seconded the motion and it was unanimously approved. There was discussion regarding prohibiting delinquent homeowners from using the recreation areas and cutting-of their cable TV.

 

The Board then reviewed the February 2009 Balance Sheet and Income and Expense Report.

OLD BUSINESS – Mr. Gutman wanted to discuss the Comcast Cable TV issue again. There was a discussion at the previous Board Meeting to possibly hire an attorney to send a letter to Comcast stating they are in breach of the Bulk Rate Agreement and to restore the channels that were removed from the original channel line-up.  After a lengthy Board discussion Mr. Gutman made a motion to have an attorney review the Comcast Cable TV Agreement to see if there are grounds for a breach of Agreement at this time due to their removal of five (5) channels from the original channel lineup with no further decision to pursue other than to determine our rights under the Agreement for a cost not to exceed $200. Mr. Knight seconded the motion.

 

The motion failed to pass with three votes in favor and three votes not in favor of the motion.

 

The votes were tallied as follows:

In Favor: Mr. Gutman, Mr. Knight and Mr. Docks

 

Not In Favor: Mr. Rubin, Mr. Marcus and Mr. Pontrelli

 

There was no other Old Business to discuss.

NEW BUSINESS – Mr. Petraglia asked the Board to approve the summer pool security for this summer, the same as used last summer. Mr. Rubin explained this item was budgeted for in 2009 and will be done again this summer. Mr. Rubin asked Mr. Valyo to find out when the high school seniors are out of school and start the summer pool security the day they are off.

 

Mr. Pontrelli addressed the Board with a Town Hall use issue. Mr. Pontrelli asked the Board to approve the use of Town Hall for the use by charitable organizations for no charge to the organization. Mr. Docks stated he thought it was unfair to charge Owners $175 for use of Town Hall but not charge charitable organizations for the same use. Mr. Rubin expressed his opinion that organizations such as the Cub Scouts, Girl Scouts or other not-for-profit organizations should be allowed to use Town Hall at no charge when it is not being used for a Boca Winds meeting or rented by a homeowner. There was a lengthy Board discussion with this issue.  Mr. Rubin asked the Board Members to go back and discuss this issue with their Neighborhood Committees and chose a member to sit on a Social Committee. The Social Committee will meet and formulate guidelines or rules and regulations for the possible use of Town Hall by charitable or not-for-profit organizations. The Board will review the Committee's recommendations and decide if this Town Hall use is feasible for Boca Winds.

 

 

The Board Meeting was adjourned at 9:01 pm.

 

Minutes Approved By:

 

 

___________________________________________              ____________________________

Danialle Morris                                                                         Date