Board Members Present:    Danialle Morris, Paul Pontrelli, Dominic Potenzini, Steve Rubin, Jose                                         Gutman, Michael Docks, Vince Knight & Eric Marcus.

 

Board Members Not Present:               None

 

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

 

Mr. Rubin opened the February 2, 2009 Board Meeting at 7:00 pm and welcomed all Board Members and Homeowner Members in attendance.

 

MINUTES  – The February 2, 2009 Board Meeting Minutes were reviewed by the Board. A motion was made by Mr. Potenzini to approve the Minutes as prepared. The motion was seconded by Mr. Pontrelli and unanimously approved by the Board.

 

COMCAST BULK RATE CABLE TV AGREEMENT - Mr. Robert Rubenstein, from the law firm of Becker & Poliakoff, attended the Board Meeting and gave a presentation regarding Comcast and their recent channel lineup changes and deletions. Mr. Rubinstein was present at the last West Boca Community Council Meeting and addressed the Council regarding Comcast. He was invited to attend the Boca Winds Board Meeting by Jose Gutman, Board Member representing Waters Edge. Mr. Rubenstein told the Board that Comcast has recently removed certain channels from our channel lineup, and is re-bundling these channels with other digital channels and attempting to charge Boca Winds or it’s homeowners for this new package which requires a digital cable box. Mr. Rubenstein stated that if the Boca Winds Bulk Rate Agreement does not allow Comcast to remove these channels he offered to send Comcast a letter on behalf of the Association putting Comcast on notice they are in breach of the Agreement and require the return of the channels removed from the lineup. Mr. Rubenstein informed the Board for review of the Bulk Rate Agreement and to compose and send a letter to Comcast would cost the Association approximately $500.

Mr. Rubin told the Board the current Agreement with Comcast does not include a minimum amount of channels they are to furnish and states the channel lineup is subject to change. Mr. Gutman stated Comcast by Agreement can change the location of the channels and the programming. It was noted the current monthly charge from Comcast is $22.80 per Unit.

 

Mr. Knight made a motion to have Mr. Rubenstein send a breach of contract letter to Comast on behalf of the Boca Winds Association. Mr. Gutman seconded the motion. There was Board discussion.  Mr. Marcus stated he would like the Board to decide how far they wish to take this demand with Comcast prior to sending the initial letter. There was no vote taken on the motion at this time.

The Board thanked Mr. Rubenstein for his time and advice and informed him the Board would discuss this issue and contact him if they wish to send a breach of contract letter.

SECURITY – Bill Petraglia gave a February 2009 Security Report. Mr. Petraglia reported that the community graffiti artist was located as an 18 year old living with his mother in Heritage Square. The 18 year old confessed to a Sheriff’s Deputy Eric Zadanosky. There may be another teenager involved with the graffiti markings. Mr. Rubin stated the Board needs to decide whether they want just restitution or arrest and prosecution with restitution of the individual or individuals involved. There was Board discussion. Several Board Members voiced their opinions on what should be done to collect the restoration costs from the teenager or his mother.

There was also discussion if charges should be filed against the teenager with an arrest and prosecution by the Sherriff’s Office.

 

Mrs. Morris made a motion to have the association attorney send a letter to the to the mother/owner of the house where the 18 year old resides and ask for restitution for all costs involved associated with repairing the graffiti damage, giving 30 days to pay the restitution. If restitution is not received within the thirty days, turn the matter over to the Palm Beach County Sheriff’s Office for arrest, prosecution and restitution. Mr. Valyo will have all restoration costs available to furnish to the attorney. The motion was seconded by Mr. Pontrelli

 

The motion passed 6 in favor to 2 not in favor of the motion.

The votes were tallied as follows:

 

For Motion:                  Mr. Rubin, Mr. Knight, Mr. Potenzini, Mr. Marcus, Mrs. Morris and

                                    Mr. Pontrelli

 

Against Motion:            Mr. Docks and Mr. Gutman

 

Mr. Valyo was instructed to contact Deputy Eric Zadonosky and inform him what the Board has decided to do at this time.

WEBSITE – Mrs. DeMattei was not in attendance. She informed Mr. Valyo there was nothing new to report.

 

BAY WINDS BOARD OF DIRECTORS – Mr. Ristau told the Board there was nothing to report to the Board at this time.

 

BEAUTIFICATION COMMITTEE – Fran Neiman told the Board the Committee chose the tile style and color for the gutter at the west pool. Mr. Valyo stated the tile work was complete.

 

WEST BOCA COMMUNITY COUNCIL – Nick Rongione told the Board there was nothing new to report at this time.

 

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

The graffiti problem was the only problem to report. He stated there was nothing new to report regarding landscaping and irrigation except the return of the Fig White Fly needs to be monitored on a monthly basis.

 

ADDITIONAL LANDSCAPING/TREES FOR ENTRANCE – Mr. Valyo informed the Board the Beautification Committee met at the new front entrance with the landscape company that installed the new landscape. The Committee is recommending installing twelve (12) new Ligustrum trees, three at each end of the two (2) entrance walls and two (2) Mahogany trees on the south side of the west entrance wall. Mrs. Morris asked if any additional landscape is proposed to be installed at the smaller west entrance of Shorewind Drive. Mr. Valyo answered with there is no more room available to install any additional landscape at this west entrance.

 

Mr. Pontrelli made a motion to install twelve (12) new Ligustrum trees and two (2) new Mahogany trees at the new front entrance for the total cost of $3,338. The motion was seconded by Mr. Potenzini. Mrs. Morris asked the Board if it was a good time to spend association funds on new landscape at this time when the assessment receivables are at an all time high. There was Board discussion.

The motion failed 4 in favor and 4 not in favor of the motion.

The votes were tallied as follows:

 

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

 

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

Mrs. Morris asked the Board if this issue could be discussed again at the April Board Meeting.

Mr. Valyo will include this landscape enhancement in the April Board Meeting Agenda.

FINANCIAL – The Board reviewed the Account Balance Report as of February 25, 2009.

 

The Board then reviewed the Delinquency Report as of February 25, 2009.  Mr. Valyo stated the Association is receiving checks from mortgage foreclosure and short sales but more homes are falling into mortgage foreclosure. Mr. Valyo informed the Board funds in the Operating account are low and recommends a transfer of $25,000 from the Excess Operating account to the Operating Account to assist with paying all Association bills in a timely manner.

 

Mrs. Morris made a motion to transfer $25,000 from the Excess Operating account into the Operating account. The motion was seconded by Mr. Pontrelli and unanimously approved by the Board.

 

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

  

OLD BUSINESS – Mr. Pontrelli made a motion to again discuss the motion that was not approved last Board Meeting to leave the lights on the palm trees at the main entrance on all year long. Mr. Potenzini seconded the motion. There was Board discussion. The motion failed to discuss this issue again. The Holiday lights will be removed soon.

Mrs. Morris stated the new “towing” sign install at the west entrance on Shorewind Drive has

helped eliminate some of the elementary school traffic from parking on the Shorewind Drive grass.

NEW BUSINESS – Mrs. Morris addressed the Board regarding a problem with the asphalt bike paths along Shorewind Drive. Mrs. Morris stated the bike paths are in need of repair in some areas. Mr. Valyo added the tree roots are damaging the asphalt bike paths. Mr. Valyo will call  Palm Beach County and report this damage to see if they will replace the damaged asphalt. Mr. Valyo also stated the county may not repair the asphalt because it is caused by the association’s trees. In that case Boca Winds and Bay Winds will have to look at repairing the damage.

 

The Board Meeting was adjourned at 8:31 pm.

 

Minutes Approved By:

 

 

 

___________________________________________              ____________________________

Danialle Morris                                                                         Date