Draft Minutes of the Annual NHCOA Meeting held October 1, 2022
The meeting was called to order by Lane Lott, board president, at 1:06 pm with 21 lots represented, which constitutes a quorum per the NHCOA by-laws.
Welcome
Lane welcomed all attendees. Current board members all are in attendance (Lane Lott, Mike Wicker, John Adamson, Mary McKeown-Moak & Judy Griffin) we also have Art Walker, Chairman of the Architectural Committee.
New Board of Directors Positions
There were three board of directors’ positions expiring and Lane introduced the candidates running to fill those positions: Judy Griffin, John Adamson & David Kurz. Lane indicated that we will have the voting results later in the meeting.
County News & Projects
Lane Lott met with the Goose Island State Park officials. The state park is going to clean the culverts, also surveying to help get the water from flooding on Magnolia Street when it rains. Lane will continue working with the Park to get this done in a timely manner.
Old Business
The Annual meeting minutes for 2021 were given to each member attending the meeting and a motion was made to approve the Annual Meeting minutes. Katherine Walker and Joan Gay seconded the motion to approve the minutes.
Financial report
Financial Report was presented by Mary McKeown-Moak, Treasurer. Mary reported that there were a few lots that still have not paid their dues, and 10 lots have changed owners in 2022. Financial report was sent to all members but if not, members can contact Mary to get a copy. As of June 30, 2022
The Association has $128,665.19 in our accounts. There was $28,456.06 in income and $4,426.82 in expenditures. Mary is keeping as much of it invested as possible and is hoping to get better rates of returns than the bank is offering right now.
New Business
Architecture committee Chairman Art Walker gave updates and a report. (4) houses are currently being built; (4) Bulkheads are being repaired; (1) Fence, (1) pergola, (1) Staircase, and (1) Driveway are under construction.
It would be to everyone’s advantage to look at their bulkheads and take care of minor problems before they become a major sinkhole behind the bulkhead, or they start washing out the dirt making it tilt over or tilt in from the bottom. It is the member’s responsibility to maintain the Bulkhead on your lot. The AOC will be making inspections of everyone’s bulkhead and will inform the board of directors of lots that are needing attention. The board was asked to provide a list of Bulkhead contractors for future reference. Art will get the list to the members.
It has been brought to the Board of Directors that we have Alligators in the canal, we ask that you proceed with caution. The Parks and Wildlife will not remove them from the canal. So please be careful.
Ballots were sent out to change Article XIII. Consent to “Amendment to NHCOA Restrictions/Covenants”
Purpose of Change: To update the Restrictions to clarify bulkhead definitions and to update restrictions on Boat lifts. The vote passed and the restriction will be changed in the bylaws.
Board is asking all members with boatlifts to install reflectors for safety purposes to make other boater aware when entering the neighborhood off the water.
Speeding in the neighborhood as been an issue. Joan Gay made a motion to lower the speed to 20 mph. and Katherine Walker seconded the motion. The motion passed with the note that the Board will need to reach out to the county for confirmation the speed limit can actually be lowered. Once confirmed, we will request new speed limit signs.
The newly elected Board of Director members, Judy Griffin, John Adamson & David Kurz, were congratulated for being elected to a two-year term.
We want to thank Mike Wicker for his time and dedication as First Vice President of the NHCOA.
Joan Gay made a motion to adjourn the meeting at 2:06 pm. Motion was seconded and with no Objection, meeting was Adjourned.
Lane Lott President lott7800@gmail.com 361-557-0353
John Adamson 1st Vice President jadamson@tsifp.com 713-253-5159
David Kurz 2nd Vice President DavidKurz@att.net 281-639-2148
Mary McKeown-Moak Treasurer mmoak@moakcasey.com 512-296-4500
Judy Griffin Secretary griffja64@yahoo.com 361-550-1421
The meeting was called to order by Lane Lott, board president, at 1:06 pm with 21 lots represented, which constitutes a quorum per the NHCOA by-laws.
Welcome
Lane welcomed all attendees. Current board members all are in attendance (Lane Lott, Mike Wicker, John Adamson, Mary McKeown-Moak & Judy Griffin) we also have Art Walker, Chairman of the Architectural Committee.
New Board of Directors Positions
There were three board of directors’ positions expiring and Lane introduced the candidates running to fill those positions: Judy Griffin, John Adamson & David Kurz. Lane indicated that we will have the voting results later in the meeting.
County News & Projects
Lane Lott met with the Goose Island State Park officials. The state park is going to clean the culverts, also surveying to help get the water from flooding on Magnolia Street when it rains. Lane will continue working with the Park to get this done in a timely manner.
Old Business
The Annual meeting minutes for 2021 were given to each member attending the meeting and a motion was made to approve the Annual Meeting minutes. Katherine Walker and Joan Gay seconded the motion to approve the minutes.
Financial report
Financial Report was presented by Mary McKeown-Moak, Treasurer. Mary reported that there were a few lots that still have not paid their dues, and 10 lots have changed owners in 2022. Financial report was sent to all members but if not, members can contact Mary to get a copy. As of June 30, 2022
The Association has $128,665.19 in our accounts. There was $28,456.06 in income and $4,426.82 in expenditures. Mary is keeping as much of it invested as possible and is hoping to get better rates of returns than the bank is offering right now.
New Business
Architecture committee Chairman Art Walker gave updates and a report. (4) houses are currently being built; (4) Bulkheads are being repaired; (1) Fence, (1) pergola, (1) Staircase, and (1) Driveway are under construction.
It would be to everyone’s advantage to look at their bulkheads and take care of minor problems before they become a major sinkhole behind the bulkhead, or they start washing out the dirt making it tilt over or tilt in from the bottom. It is the member’s responsibility to maintain the Bulkhead on your lot. The AOC will be making inspections of everyone’s bulkhead and will inform the board of directors of lots that are needing attention. The board was asked to provide a list of Bulkhead contractors for future reference. Art will get the list to the members.
It has been brought to the Board of Directors that we have Alligators in the canal, we ask that you proceed with caution. The Parks and Wildlife will not remove them from the canal. So please be careful.
Ballots were sent out to change Article XIII. Consent to “Amendment to NHCOA Restrictions/Covenants”
Purpose of Change: To update the Restrictions to clarify bulkhead definitions and to update restrictions on Boat lifts. The vote passed and the restriction will be changed in the bylaws.
Board is asking all members with boatlifts to install reflectors for safety purposes to make other boater aware when entering the neighborhood off the water.
Speeding in the neighborhood as been an issue. Joan Gay made a motion to lower the speed to 20 mph. and Katherine Walker seconded the motion. The motion passed with the note that the Board will need to reach out to the county for confirmation the speed limit can actually be lowered. Once confirmed, we will request new speed limit signs.
The newly elected Board of Director members, Judy Griffin, John Adamson & David Kurz, were congratulated for being elected to a two-year term.
We want to thank Mike Wicker for his time and dedication as First Vice President of the NHCOA.
Joan Gay made a motion to adjourn the meeting at 2:06 pm. Motion was seconded and with no Objection, meeting was Adjourned.
Lane Lott President lott7800@gmail.com 361-557-0353
John Adamson 1st Vice President jadamson@tsifp.com 713-253-5159
David Kurz 2nd Vice President DavidKurz@att.net 281-639-2148
Mary McKeown-Moak Treasurer mmoak@moakcasey.com 512-296-4500
Judy Griffin Secretary griffja64@yahoo.com 361-550-1421
Minutes of the September 11, 2021 Annual NHCOA Meeting Approved at the 2022 Annual Meeting October 1, 2022
Held via Zoom
The meeting was called to order by Joan Gay, Board president, at 1:06 pm, with 17 lots represented, which does not constitute a quorum per the NHCOA by-laws.
Welcome
Joan welcomed all on the call. Current board members in attendance were Joan Gay, Mike Wicker, John Adamson, Mary McKeown-Moak and Judy Griffin. Also in attendance were Art Walker and Brian Riley who are current members of the Architectural Committee.
New Board of Directors Positions
There were two board of directors’ positions expiring. Joan introduced the candidates running to fill those positions: Lane Lott, Shannon Riley, and Mary McKeown-Moak. The voting results will be announced later in the meeting.
County News and Projects
Carl Stubbs, fire chief of the Lamar Volunteer Fire Department (LVFD), was unable to join the meeting, but did give President Joan Gay some particulars of things to come for the LVFD. The fundraiser will be on this year and next year. Market days will be on November 5 and 6, 2021; and LaMarDi Gras is scheduled for second week in February. Carl hoped that all will be back to the normal course of order there.
Also, Carl wanted to mention that LVFD has a new pumper that was purchased in January of 2020. So hopefully, Carl will be able to join us at the next NHCOA annual meeting.
Joan introduced our second guest Wendy Laubach, County Commissioner of Precinct 4. Wendy gave the members a brief update of the workings of Aransas County and things we might need to know about in our neighborhood. Wendy was asked earlier this year about “dead end” or “no outlet” signs on Magnolia St. Tourists are coming to the neighborhood thinking that they could get all the way through to Goose Island State Park through the neighborhood. A sign was put up by the county roads engineer. NHCOA will be purchasing two “No Access to Goose Island State Park” signs, which the county will install on Front St. has you enter the subdivision. Another member also mentioned the Schoenstatt Shrine sign on Front Street was too high and you cannot see the traffic coming from Goose Island State Park. He asked if we can request that the sign be lower. Wendy was going to reach out and see if the sign can be lowered.
Wendy also mentioned that in the coming year drainage work is planned along Magnolia St. It is not a large drainage project but will help with the standing water problem after a rain. Member Lane Lott asked if the drainage work will it be going from the State Park into Magnolia St. as that is the problem area that gets clogged every time it rains. Wendy will get clarification from David Reed; the project was described as just cleaning ditches and replacing pipe.
Old Business
We usually approve the Annual Meeting minutes for the prior year at the next Annual Meeting. However, we only have 17 lots represented. We do not have a quorum; the Board of Directors will approve the 2020 minutes at its meeting immediately following the 2021 Annual Meeting.
The action items that came out the 2020 Annual Meeting were reviewed for progress. First action item was for Judy Griffin, Board Secretary, to contact AEP to inquire about getting the streetlights in working order; work orders were placed, and all streetlights are now in working condition.
Regarding the canals, Joan Gay President spoke to Lloyd Stock about an opportunity for us to piggyback on a project that is already in the works. Lloyd confirmed that no permitting has taken placed yet on the project. Wendy Laubach mentioned the wheels of progress are slow. NHCOA was interested in that other project because dredging will be very expensive. We’ll take about dredging a little later.
John Adamson 2nd Vice President was to investigate a Neighborhood sign option and obtain estimates. The Board approved an amendment to the budget to purchase the sign. The sign was installed at the corner of Front St. and Magnolia St. in November 2020. The sign looks great. This Action item is closed.
Joan spoke to Carl Stubbs to get clarification on the dry hydrants. The dry hydrants are the responsibility of the NHCOA, and they will not be used in case of a fire. The canal and portable pumpers are the fire departments’ first use. The dry hydrants are in poor condition and will cost a lot to get them in working condition. A member asked if the dry hydrants could be repurposed for some drainage to drain water into the canal. This action will have to be discussed with the Board of Directors to see if this would be an individual homeowner’s responsibility or the Association’s.
The Board explored a request to decrease the speed limit in the neighborhood. The current speed is 30 mph. A petition of the neighborhood would have to be signed to lower the speed. The Board of Directors discussed the action and decided it was not necessary to lower the speed at this time. This action was closed.
Financial report
Mary McKeown-Moak, Treasurer presented the Financial Report for Fiscal Year 2021. Mary reported that all lots paid their dues for the fiscal year, and that 10 lots transferred ownership. All back dues were paid. All members should have received a financial report in e-mail, but if not, a member can request that the report be mailed to them.
NHCOA ended fiscal year 2021 with $104,000 in our accounts. The Association had $29,000 in income and $5,300 in expenditures. Two items were added to the budget during the year. One was the signage and the other was cleaning the canals after the big freeze off. We got a bargain rate to clean out the canals. It was an expense that needed to be spent. As of September 1, 2021, NHCOA had $110,000 in the bank, which is very substantial amount. Mary noted that she is keeping as much of it invested as possible and hopes that soon we may be able to get better rates of returns than the bank is offering right now.
New Business
Architecture Committee Chairman, Art Walker, gave updates and a report on actions of the Committee. Two houses are currently being built; four fences and two fish cleaning stations (one repaired and one new build) have been approved. There also are Bulkhead projects that people are looking at doing. It would be to everyone’s advantage to look at their bulkheads and take care of minor problems before there is a major sinkhole behind the bulkhead, or they start washing out the dirt, making it tilt over or tilt in from the bottom. It is the member’s responsibility to maintain the Bulkhead on your lot. The AOC will be making inspections of everyone’s bulkhead and will inform the board of directors of lots that are needing attention.
It has been brought the Board of Directors that we have Alligators in the canal. We ask that you proceed with caution. The Parks and Wildlife Department will not remove them from the canal. So please be careful.
Joan thanked the three people who stepped up to run for the Board of Directors positions. Judy Griffin, Board Secretary, and two NHCOA members counted the ballots. Congratulations to Lane Lott and Mary McKeown-Moak for being elected to a two-year term.
We want to thank Joan Gay, outgoing Board President, for her time and dedication as Secretary and President of the NHCOA.
Billy Trott made a motion to adjourn the meeting at 2:06 pm. A second was made, and the meeting was Adjourned.
Lane Lott President lott7800@gmail.com 361-557-0353
Mike Wicker 1st Vice President mike.wicker@yahoo.com 979-299-4047
John Adamson 2nd Vice President jadamson@tsifp.com 713-253-5159
Mary McKeown-Moak Treasurer mmoak@moakcasey.com 512-296-4500
Judy Griffin Secretary griffja64@yahoo.com 361-550-1421
Held via Zoom
The meeting was called to order by Joan Gay, Board president, at 1:06 pm, with 17 lots represented, which does not constitute a quorum per the NHCOA by-laws.
Welcome
Joan welcomed all on the call. Current board members in attendance were Joan Gay, Mike Wicker, John Adamson, Mary McKeown-Moak and Judy Griffin. Also in attendance were Art Walker and Brian Riley who are current members of the Architectural Committee.
New Board of Directors Positions
There were two board of directors’ positions expiring. Joan introduced the candidates running to fill those positions: Lane Lott, Shannon Riley, and Mary McKeown-Moak. The voting results will be announced later in the meeting.
County News and Projects
Carl Stubbs, fire chief of the Lamar Volunteer Fire Department (LVFD), was unable to join the meeting, but did give President Joan Gay some particulars of things to come for the LVFD. The fundraiser will be on this year and next year. Market days will be on November 5 and 6, 2021; and LaMarDi Gras is scheduled for second week in February. Carl hoped that all will be back to the normal course of order there.
Also, Carl wanted to mention that LVFD has a new pumper that was purchased in January of 2020. So hopefully, Carl will be able to join us at the next NHCOA annual meeting.
Joan introduced our second guest Wendy Laubach, County Commissioner of Precinct 4. Wendy gave the members a brief update of the workings of Aransas County and things we might need to know about in our neighborhood. Wendy was asked earlier this year about “dead end” or “no outlet” signs on Magnolia St. Tourists are coming to the neighborhood thinking that they could get all the way through to Goose Island State Park through the neighborhood. A sign was put up by the county roads engineer. NHCOA will be purchasing two “No Access to Goose Island State Park” signs, which the county will install on Front St. has you enter the subdivision. Another member also mentioned the Schoenstatt Shrine sign on Front Street was too high and you cannot see the traffic coming from Goose Island State Park. He asked if we can request that the sign be lower. Wendy was going to reach out and see if the sign can be lowered.
Wendy also mentioned that in the coming year drainage work is planned along Magnolia St. It is not a large drainage project but will help with the standing water problem after a rain. Member Lane Lott asked if the drainage work will it be going from the State Park into Magnolia St. as that is the problem area that gets clogged every time it rains. Wendy will get clarification from David Reed; the project was described as just cleaning ditches and replacing pipe.
Old Business
We usually approve the Annual Meeting minutes for the prior year at the next Annual Meeting. However, we only have 17 lots represented. We do not have a quorum; the Board of Directors will approve the 2020 minutes at its meeting immediately following the 2021 Annual Meeting.
The action items that came out the 2020 Annual Meeting were reviewed for progress. First action item was for Judy Griffin, Board Secretary, to contact AEP to inquire about getting the streetlights in working order; work orders were placed, and all streetlights are now in working condition.
Regarding the canals, Joan Gay President spoke to Lloyd Stock about an opportunity for us to piggyback on a project that is already in the works. Lloyd confirmed that no permitting has taken placed yet on the project. Wendy Laubach mentioned the wheels of progress are slow. NHCOA was interested in that other project because dredging will be very expensive. We’ll take about dredging a little later.
John Adamson 2nd Vice President was to investigate a Neighborhood sign option and obtain estimates. The Board approved an amendment to the budget to purchase the sign. The sign was installed at the corner of Front St. and Magnolia St. in November 2020. The sign looks great. This Action item is closed.
Joan spoke to Carl Stubbs to get clarification on the dry hydrants. The dry hydrants are the responsibility of the NHCOA, and they will not be used in case of a fire. The canal and portable pumpers are the fire departments’ first use. The dry hydrants are in poor condition and will cost a lot to get them in working condition. A member asked if the dry hydrants could be repurposed for some drainage to drain water into the canal. This action will have to be discussed with the Board of Directors to see if this would be an individual homeowner’s responsibility or the Association’s.
The Board explored a request to decrease the speed limit in the neighborhood. The current speed is 30 mph. A petition of the neighborhood would have to be signed to lower the speed. The Board of Directors discussed the action and decided it was not necessary to lower the speed at this time. This action was closed.
Financial report
Mary McKeown-Moak, Treasurer presented the Financial Report for Fiscal Year 2021. Mary reported that all lots paid their dues for the fiscal year, and that 10 lots transferred ownership. All back dues were paid. All members should have received a financial report in e-mail, but if not, a member can request that the report be mailed to them.
NHCOA ended fiscal year 2021 with $104,000 in our accounts. The Association had $29,000 in income and $5,300 in expenditures. Two items were added to the budget during the year. One was the signage and the other was cleaning the canals after the big freeze off. We got a bargain rate to clean out the canals. It was an expense that needed to be spent. As of September 1, 2021, NHCOA had $110,000 in the bank, which is very substantial amount. Mary noted that she is keeping as much of it invested as possible and hopes that soon we may be able to get better rates of returns than the bank is offering right now.
New Business
Architecture Committee Chairman, Art Walker, gave updates and a report on actions of the Committee. Two houses are currently being built; four fences and two fish cleaning stations (one repaired and one new build) have been approved. There also are Bulkhead projects that people are looking at doing. It would be to everyone’s advantage to look at their bulkheads and take care of minor problems before there is a major sinkhole behind the bulkhead, or they start washing out the dirt, making it tilt over or tilt in from the bottom. It is the member’s responsibility to maintain the Bulkhead on your lot. The AOC will be making inspections of everyone’s bulkhead and will inform the board of directors of lots that are needing attention.
It has been brought the Board of Directors that we have Alligators in the canal. We ask that you proceed with caution. The Parks and Wildlife Department will not remove them from the canal. So please be careful.
Joan thanked the three people who stepped up to run for the Board of Directors positions. Judy Griffin, Board Secretary, and two NHCOA members counted the ballots. Congratulations to Lane Lott and Mary McKeown-Moak for being elected to a two-year term.
We want to thank Joan Gay, outgoing Board President, for her time and dedication as Secretary and President of the NHCOA.
Billy Trott made a motion to adjourn the meeting at 2:06 pm. A second was made, and the meeting was Adjourned.
Lane Lott President lott7800@gmail.com 361-557-0353
Mike Wicker 1st Vice President mike.wicker@yahoo.com 979-299-4047
John Adamson 2nd Vice President jadamson@tsifp.com 713-253-5159
Mary McKeown-Moak Treasurer mmoak@moakcasey.com 512-296-4500
Judy Griffin Secretary griffja64@yahoo.com 361-550-1421
Meeting Minutes for the Annual NHCOA Meeting September 19, 2020 Approved at the September 2021 Annual Meeting
Held via Zoom
The meeting was called to order by Joan Gay, board secretary, at 1:05 pm with 14 lots represented, which does not constitute a quorum per the NHCOA by-laws. NOTE: Additional lot owners continued to join throughout the call and a quorum was reached with 21 lots represented.
Welcome
Joan welcomed all on the call. Current board members in attendance (Joan, Mary Moak, Dinah Wicker) introduced themselves. Then all members on the call introduced themselves. Joan shared that this is the first time the annual meeting is being held virtually on Zoom, due to COVID social distancing guidelines. Normal meeting protocol is for the membership to meet annually in-person. Joan thanked all in attendance and asked for patience as the board works to conduct the meeting with the technology.
Mary noted that there were 11 transfers of lot ownership in fiscal year 2020 (July 1, 2019- June 30, 2020); 4 transfers have occurred in fiscal year 2021, which started July 1, 2020; and there are 2 more transfers pending. Mary then read the names of new members and their lot numbers, some of whom were in attendance. Mary then introduced the three candidates who are running for the open board of director positions: Dinah Wicker, current incumbent, Judy Griffin and John Adamson. Directors whose terms are expiring are Dinah Wicker, who is re-running and Joan Gay and Lloyd Stock, who are not re-running. Current board member Lloyd Stock joined the call.
Old Business
Minutes: Joan noted that the minutes for the 2019 Annual Meeting were uploaded to the website in October 2019 following the meeting last year, and members were provided the link to the website in the meeting invite for this year for on-line review. Because of accessibility to the minutes and the length of the minutes from last year’s meeting, which were intentionally detailed to capture the robust discussion and opinions on the amendment being voted on in 2019, the board decided not to read the minutes in this year’s meeting. Lloyd made a motion to accept the minutes from the 2019 Annual Meeting; Billy Trott seconded the motion; and the motion to approve the minutes as written carried.
Financials: Mary noted that the financial statements were attached to the meeting invite and mailed to those without email addresses on record. The financial report is the profit/loss statement, balance sheet and accounts receivable all rolled into one. Members can obtain a list of the detailed transactional items upon request to the treasurer. Mary noted that the principles of maintaining the finances of the NHCOA are based on safety, security and a good return. It is important that we do not put the membership money at risk, ensure there is sufficient liquidity to pay our bills or address emergency situations and achieve a return on our investment that is at least at the treasury bill rate or better, of which we are currently achieving slightly a higher return than this. The intent is to build up our reserves for canal maintenance, while keeping sufficient cash for annual expenditures. Revenues in the last fiscal year were approximately $25,000, which were slightly higher than anticipated due to the large number of lot transfers and the collection of outstanding dues. Currently all members are up to date on dues. With expenditures of approximately $5,000, we added $20,000 to our reserves. Judy Griffin asked about the street light expenditures and noted that we are paying for lights that have not been working for at least six months. ACTION: Judy volunteered to contact AEP to inquire on steps to get the streetlights in working order. Joan noted for new members that while our current reserves appear quite high, we are building the balance to address future canal dredging, which is anticipated to be very expensive.
Dredging Committee Report: Lloyd reported that member Jack Fischer arranged for a meeting with a dredging contractor Bullock Construction out of Willis, Texas and Lloyd attended this meeting. The company has fit-for-purpose equipment for smaller dredging projects, such as our canals. The company took some measurement points of sediment
in our canals. However, after ongoing contact, the company could not give us a price without knowing where the sediment would be stored so the exercise was a moot point. However, the learning from the meeting was that there are companies who have the equipment for our canal job. When we determine the need to dredge, there would be a more scientific exercise of sounding the entire canal. Lloyd noted that the project will be hundreds of thousands of dollars. Lloyd also noted that there is a current project by the Corps of Engineers on the front road of Lamar where they are putting in a breakwater and will need material. ACTION: Lloyd will follow-up with the Corps to determine if they would want our canal sediment and if this is an opportunity for us to piggy-back on to this project. Lloyd noted that after Bullock Construction took measurement points, which were taken off the side of the bulkhead and not in the centerline of the canal, he followed up on eight of those same points approximately four months later, and there was no additional sediment, which while very non-scientific and manual, is still positive. More discussion ensued on the types of sediment in the canal, the process of measurement and our previous dredging experience.
Architecture Committee Report: Lloyd reported the extensive building activity in the neighborhood including new starts, rebuilds, swimming pools, and boathouses.
New Business
Signage for the Neighborhood: We have had signs previously in the neighborhood on Front and Magnolia streets noting “Neptune Harbor”, but it has been many years ago. Joan mentioned that some members have inquired about this and asked if there are any members who have a talent themselves in sign making or contacts where we could obtain signs at a reasonable price. Signs would be placed in the county easement. ACTION: John Adamson volunteered to look into this and obtain options and estimates.
Open Discussion Items:
Annual Dues: Billy noted that current dues are $300 per lot and he encouraged the board to not raise this to $400, as previously discussed in 2019, until we have a better idea of the canal dredging price. Billy pointed out that the benefit of the dredge is going forward, not backward and thus we should collect any deficit needed for dredging at that time with a special assessment instead of continuing to raise dues and build reserves in that manner. Joan noted that in 2019 annual meeting, the board took an informal vote of the membership on if they preferred to build reserves though increased dues versus a much larger assessment at the time of dredge (although both may be needed), and the overwhelming majority of members favored increased dues to build our financial reserves. Joan also noted that the board had intended to raise dues to $400 per lot this year but had decided to defer this action in recognition that some members may have been negatively impacted financially as a result of the effects of the pandemic. Joan noted that we will have a new board with new members, and this decision is part of their responsibilities.
Fire Hydrants: Louise Lewis mentioned that there is a fire hydrant on their lot that is not functioning, and she does not believe that any of the fire hydrants in the neighborhood work and wanted members to be aware. She did contact Carl Stubbs at the fire department, and he advised that the department is prepared and equipped to fight fires in no-hydrant neighborhoods, which is common in this area. These hydrants are designed with a pipe that goes into the canal and then the fire department can pump water from the canal to use in fighting fires. Her question is really on if it is our neighborhood’s responsibility to fix the hydrants or someone else’s responsibility. Lloyd mentioned that these are not conventional hydrants but are saltwater delivery units, and the use of such hydrants are really obsolete. Furthermore, use of salt water to extinguish a fire could be damaging to houses. Billy noted that he remembers that the department had installed the hydrants, but any maintenance or upkeep of the hydrants would be the responsibility of Neptune Harbor, and we would likely be responsible to remove these. ACTION: Joan will follow-up with Carl to get clarification on the use/maintenance of the hydrants and determine whose responsibility it would be to remove these if deemed that they are no longer necessary.
No Wake Neighborhood: Billy mentioned that we need to bring our boats into the neighborhood in a no-wake fashion to ensure that wakes are not created because it can undermine the integrity of bulkheads. Jet skis can also create a wake and have been a concern lately. ACTION: Joan to include in a follow-up note to members.
Neighborhood Speed Limit: Dinah brought up the speed limit in the neighborhood, currently 30 mph and asked if we can suggest that the county lower the speed limit. Discussion ensued. ACTION: Joan to explore if decreasing the speed limit in the neighborhood is a possibility.
Results of Voting on Directors: Dinah Wicker, Judy Griffin and John Adamson were elected as new board members to serve a two-year term.
Billy motioned to adjourn the meeting; Wack Ezell seconded; the motion to adjourn the meeting carried, and the meeting ended at 2:03 pm.
Held via Zoom
The meeting was called to order by Joan Gay, board secretary, at 1:05 pm with 14 lots represented, which does not constitute a quorum per the NHCOA by-laws. NOTE: Additional lot owners continued to join throughout the call and a quorum was reached with 21 lots represented.
Welcome
Joan welcomed all on the call. Current board members in attendance (Joan, Mary Moak, Dinah Wicker) introduced themselves. Then all members on the call introduced themselves. Joan shared that this is the first time the annual meeting is being held virtually on Zoom, due to COVID social distancing guidelines. Normal meeting protocol is for the membership to meet annually in-person. Joan thanked all in attendance and asked for patience as the board works to conduct the meeting with the technology.
Mary noted that there were 11 transfers of lot ownership in fiscal year 2020 (July 1, 2019- June 30, 2020); 4 transfers have occurred in fiscal year 2021, which started July 1, 2020; and there are 2 more transfers pending. Mary then read the names of new members and their lot numbers, some of whom were in attendance. Mary then introduced the three candidates who are running for the open board of director positions: Dinah Wicker, current incumbent, Judy Griffin and John Adamson. Directors whose terms are expiring are Dinah Wicker, who is re-running and Joan Gay and Lloyd Stock, who are not re-running. Current board member Lloyd Stock joined the call.
Old Business
Minutes: Joan noted that the minutes for the 2019 Annual Meeting were uploaded to the website in October 2019 following the meeting last year, and members were provided the link to the website in the meeting invite for this year for on-line review. Because of accessibility to the minutes and the length of the minutes from last year’s meeting, which were intentionally detailed to capture the robust discussion and opinions on the amendment being voted on in 2019, the board decided not to read the minutes in this year’s meeting. Lloyd made a motion to accept the minutes from the 2019 Annual Meeting; Billy Trott seconded the motion; and the motion to approve the minutes as written carried.
Financials: Mary noted that the financial statements were attached to the meeting invite and mailed to those without email addresses on record. The financial report is the profit/loss statement, balance sheet and accounts receivable all rolled into one. Members can obtain a list of the detailed transactional items upon request to the treasurer. Mary noted that the principles of maintaining the finances of the NHCOA are based on safety, security and a good return. It is important that we do not put the membership money at risk, ensure there is sufficient liquidity to pay our bills or address emergency situations and achieve a return on our investment that is at least at the treasury bill rate or better, of which we are currently achieving slightly a higher return than this. The intent is to build up our reserves for canal maintenance, while keeping sufficient cash for annual expenditures. Revenues in the last fiscal year were approximately $25,000, which were slightly higher than anticipated due to the large number of lot transfers and the collection of outstanding dues. Currently all members are up to date on dues. With expenditures of approximately $5,000, we added $20,000 to our reserves. Judy Griffin asked about the street light expenditures and noted that we are paying for lights that have not been working for at least six months. ACTION: Judy volunteered to contact AEP to inquire on steps to get the streetlights in working order. Joan noted for new members that while our current reserves appear quite high, we are building the balance to address future canal dredging, which is anticipated to be very expensive.
Dredging Committee Report: Lloyd reported that member Jack Fischer arranged for a meeting with a dredging contractor Bullock Construction out of Willis, Texas and Lloyd attended this meeting. The company has fit-for-purpose equipment for smaller dredging projects, such as our canals. The company took some measurement points of sediment
in our canals. However, after ongoing contact, the company could not give us a price without knowing where the sediment would be stored so the exercise was a moot point. However, the learning from the meeting was that there are companies who have the equipment for our canal job. When we determine the need to dredge, there would be a more scientific exercise of sounding the entire canal. Lloyd noted that the project will be hundreds of thousands of dollars. Lloyd also noted that there is a current project by the Corps of Engineers on the front road of Lamar where they are putting in a breakwater and will need material. ACTION: Lloyd will follow-up with the Corps to determine if they would want our canal sediment and if this is an opportunity for us to piggy-back on to this project. Lloyd noted that after Bullock Construction took measurement points, which were taken off the side of the bulkhead and not in the centerline of the canal, he followed up on eight of those same points approximately four months later, and there was no additional sediment, which while very non-scientific and manual, is still positive. More discussion ensued on the types of sediment in the canal, the process of measurement and our previous dredging experience.
Architecture Committee Report: Lloyd reported the extensive building activity in the neighborhood including new starts, rebuilds, swimming pools, and boathouses.
New Business
Signage for the Neighborhood: We have had signs previously in the neighborhood on Front and Magnolia streets noting “Neptune Harbor”, but it has been many years ago. Joan mentioned that some members have inquired about this and asked if there are any members who have a talent themselves in sign making or contacts where we could obtain signs at a reasonable price. Signs would be placed in the county easement. ACTION: John Adamson volunteered to look into this and obtain options and estimates.
Open Discussion Items:
Annual Dues: Billy noted that current dues are $300 per lot and he encouraged the board to not raise this to $400, as previously discussed in 2019, until we have a better idea of the canal dredging price. Billy pointed out that the benefit of the dredge is going forward, not backward and thus we should collect any deficit needed for dredging at that time with a special assessment instead of continuing to raise dues and build reserves in that manner. Joan noted that in 2019 annual meeting, the board took an informal vote of the membership on if they preferred to build reserves though increased dues versus a much larger assessment at the time of dredge (although both may be needed), and the overwhelming majority of members favored increased dues to build our financial reserves. Joan also noted that the board had intended to raise dues to $400 per lot this year but had decided to defer this action in recognition that some members may have been negatively impacted financially as a result of the effects of the pandemic. Joan noted that we will have a new board with new members, and this decision is part of their responsibilities.
Fire Hydrants: Louise Lewis mentioned that there is a fire hydrant on their lot that is not functioning, and she does not believe that any of the fire hydrants in the neighborhood work and wanted members to be aware. She did contact Carl Stubbs at the fire department, and he advised that the department is prepared and equipped to fight fires in no-hydrant neighborhoods, which is common in this area. These hydrants are designed with a pipe that goes into the canal and then the fire department can pump water from the canal to use in fighting fires. Her question is really on if it is our neighborhood’s responsibility to fix the hydrants or someone else’s responsibility. Lloyd mentioned that these are not conventional hydrants but are saltwater delivery units, and the use of such hydrants are really obsolete. Furthermore, use of salt water to extinguish a fire could be damaging to houses. Billy noted that he remembers that the department had installed the hydrants, but any maintenance or upkeep of the hydrants would be the responsibility of Neptune Harbor, and we would likely be responsible to remove these. ACTION: Joan will follow-up with Carl to get clarification on the use/maintenance of the hydrants and determine whose responsibility it would be to remove these if deemed that they are no longer necessary.
No Wake Neighborhood: Billy mentioned that we need to bring our boats into the neighborhood in a no-wake fashion to ensure that wakes are not created because it can undermine the integrity of bulkheads. Jet skis can also create a wake and have been a concern lately. ACTION: Joan to include in a follow-up note to members.
Neighborhood Speed Limit: Dinah brought up the speed limit in the neighborhood, currently 30 mph and asked if we can suggest that the county lower the speed limit. Discussion ensued. ACTION: Joan to explore if decreasing the speed limit in the neighborhood is a possibility.
Results of Voting on Directors: Dinah Wicker, Judy Griffin and John Adamson were elected as new board members to serve a two-year term.
Billy motioned to adjourn the meeting; Wack Ezell seconded; the motion to adjourn the meeting carried, and the meeting ended at 2:03 pm.
Annual NHCOA Meeting September 21, 2019 minutes approved at the 2020 Annual Meeting
Held at the Volunteer Fire Department in Lamar
Welcome
President Melva Don Brown called the meeting to order at 1:04 p.m.
Guest Speakers: Melva Don introduced Wendy Laubach, County Commissioner. Wendy had no prepared topics. No questions were asked.
Carl Stubbs, current fire department chief, was introduced. Carl noted that the new pumper ordered last year is scheduled to arrive in Dec. Carl noted there are many items at the fire department that are reaching the end of their life cycle. Carl thanked all residents for their support and financial contributions, including the NHCOA, as the department is able to run the department and keep the state-of-the-art equipment that they need and do so being debt-free. Carl reminded all that the group meets every Thursday and is always looking for new volunteers. First weekend in Nov is market days, one of their yearly fundraisers. Also Valentine’s Day next year, Feb 14 & 15 will be Lamardi Gras, a major fundraiser. Mary advised that we do have a check of $500 for the department and presented this to Carl.
Introduction: Melva Don introduced the current board: Dinah Wicker, Mary Moak, herself, Joan Gay and Lloyd Stock. Mary introduced five new members since the last meeting. Only one new member was present-Brad Ulmer. Melva Don noted that she and Mary are both up for re-election for Board positions and asked if anyone wanted to run against them. Joan mentioned that any outstanding ballots would be collected at the end of the meeting as a few folks wanted to hear the discussions first before voting.
Old Business
Minutes: Melva mentioned that the minutes from the 2018 meeting were emailed or mailed. Bud Lawson requested that the minutes be read. Joan read the minutes from the 2018 meeting. Patti Jahn made the motion to approve, Ginger Andrews seconded; the motion to approve the minutes carried.
Financials: Mary mentioned that the financials were sent in advance of the meeting either by email or mailed. Mary summarized that we had a better year than last year primarily due to the fact that we did not have the expense of cleaning the canal. In addition, the annual dues were raised from $200 to $300 per lot, which increased income. Three lots have not paid dues to date from last year. Mary negotiated with the credit union and the larger of our CDs has an increased interest rate of 2.58%, a major increase over last year’s rate. This rate is locked in for three years.
Jan Smith asked if the transfer fee is still $12. Mary noted that the transfer fee is $100 (fee charged when lot ownership is transferred) and that this had been amended a long time ago. Jan is stating that this needs to be corrected in the deed restrictions. Mary said she will check to make sure the amended version is correct on the website.
Reimbursement for Canal Cleaning: Joan advised that at some point last year, FEMA had reported that some neighborhoods would be eligible for reimbursement of funds to clean up their canals. Joan noted that she had inquired about this with the county multiple times and the response was that because we cleaned up our canals on our own, we are not eligible for FEMA reimbursement because we did not follow the process. Even though we did this more efficiently and likely with less expense, we are ineligible as the government has a very rigid application process. Because we jumped on cleaning the canals immediately after Harvey and had contracted the work on our own, we did not follow the process. Melva Don mentioned that the work was conducted expeditiously because the canals are a major part of our neighborhood and many members called the Board for immediate action post-hurricane. Wendy noted that FEMA did not announce the reimbursement opportunity until well over a year after the hurricane. Many members expressed their gratitude for the quick action.
Annual Dues: Melva Don introduced the topic on raising the dues and provided background about why we raised the dues last year in an effort to plan for future dredging costs, which are expected to be quite costly. Discussion ensued. Melva Don noted that the Board has the authority to raise the annual dues without a vote, but similar to last year, the Board wants the input of members to advise the Board on this issue. The question is if we should go to $400 per year per lot or remain at $300. Any deficit in the dues to cover future dredging costs would then take the form of an assessment to members to cover the remaining costs. Thus it is a question of paying a bit more now in annual dues to plan for the future in an attempt to reduce the member assessment when the work actually tales place. Lloyd advised that he has spoken to two companies recently, and both want a $500,000 bond to even provide a bid. Dave Smith asked if we have had any discussion with the state to determine if there is a likely partnership in dredging as was done many years ago. No discussion has taken place to date. Lloyd asked if there are members interested in forming a committee to focus on this topic. Jan asked if anyone had run the depths in the canals to determine if only some or all areas need dredging. Lloyd said that this was done informally after the storm by the Parks and Wildlife Department as they looked for large debris. Lloyd mentioned we can probably get access to this data. Jack Fischer asked what benefit a member on the Aransas side would get from the dredge of the channels. He noted that his issue is the need to dredge in his boathouse. Lloyd said that we could possibly include this dredging in a larger plan. Lloyd mentioned that Jack has a contractor who is dredging his personal slip and the cost is $6,000.
Billy Trott suggested that we get a better idea of what the dredging might cost if we do this independently and the potential cost if there are others who would be interested in partnering with us. Billy suggested we do a depth study within the next six months. He also noted that the value of the dredging is achieved after the canal is dredged, and thus many members paying increased dues now would be paying for the benefits that they may not be around to enjoy if they are no longer members. Lloyd noted that that anyone selling their house will derive benefits as they should get a premium price on their homes by the NHCOA having a realistic financial plan to support future dredging. Peggy Summers said that as she is on the Aransas side, and there was substantial debris that was on that side and was not included in our canal cleaning. Lloyd noted that the Aransas side is governed by the navigational district, and we are not allowed to address debris there. We did seek their permission to get one or two roofs out of their waters and they made a one-time exception because they were overwhelmed with clean-up themselves.
Billy mentioned that it is not fair that all members pay for individual members to dredge their individual slips during any future dredging process without paying for that additional cost. This was not covered previously. Several members agreed. Lloyd again called for members to participate in a committee on this topic. Billy will participate in the committee, as will Jack. Jeff Mauger asked if there is any science to mapping the depths of the canals. Lloyd said no, but we just need to sound it. Jeff was recruited for the committee to assist. Mike Wicker mentioned that the information from dredging previously was provided to the COA so we may be able to start from there to determine how far the canals have regressed. Melva Don mentioned that when Don Melancon, previous Board member, passed, we were unable to get all of the previous NHCOA material from his home so we may not have this. Melva Don noted we will look for this information.
Joan restated that the issue at hand is to take a pulse check from members on if they are amenable to increasing the dues next year from $300 to $400 as an input to the Board’s decision. Melva Don asked for a show of hands. The majority voted yes to raise the dues; two members noted their preference to leave at the current rate until we have a better sense as to the cost of the potential dredging and an actual plan.
Street Lights: Judy mentioned that there is a street light that is not working near lots 12 & 13, and we are paying for this as noted in the financials. Melva Don suggested that Judy call to report this. Joan suggested that both Judy call and the Board call so we can attack on two fronts.
Architecture Committee: Lloyd noted that Ms. Summers house, Neptune 2, is competed. Mary Heath’s house is almost complete-38 Front Street. New build on 44 Magnolia (lot 67) has started. The Minns on Lot 46 have submitted plans and these look good. Lloyd noted that new constructions are messy, and we have to deal with this during the process.
Judy asked about abandoned homes. Lloyd advised that the county has to assess if an abandoned home is a tear down. Wendy advised that the standard must be more than the house being just an eye sore; it must be a safety hazard. Since the storm, the county has moved more on this than before. The best results come when the owners receive citations and decide to take care of this on their own. The best advice is to report to the environmental health department and come with photos to the commissioner’s court. Lloyd mentioned that the Board will continue to pursue this with the owner/son of the lot in question.
Deed Restriction Changes: Melva Don invited comment on the proposed amendment to change the deed restriction on the use of travel trailers under special circumstances. Jan questioned the logic of the Board in distinguishing between a permanent versus a non-permanent member in the clarification made by the Board. Jan feels that in clarifying the restriction that the Board actually changed the restriction, which they did not have the authority to do. Jan also noted that she has an issue with how we are interpreting the clause in the number of votes needed to change the restrictions. Jan feels like the Board overstated their duties and that we owe a former member any funds we charged him for the lawyer bill. Mary noted that we should only address the deed restriction. Lloyd explained the reasoning behind the Board’s decision to make the distinction between permanent and non-permanent residents as the Board was trying to address those who were at risk (no other place to go). Mary emphasized that we did not change the amendment. Lloyd explained that the restriction is vague and thus the board clarified the restriction as per their ability to do so in their Board capacity. Lloyd also noted that there is a restriction that there are no pre-manufactured homes allowed in the subdivision. Lloyd noted that the Board received lots of feedback about the clarification and as a result that is why we are proposing an amendment so that there is no question of interpretation. Joan also noted the discussion on this in the last meeting as noted in the minutes. Joan advised that this is why there is a proposal to change the deed restrictions; the proposed language was sent out to members in July in advance; many members provided additional feedback on the proposed language; the Board then further refined the proposed language to that which was recently sent and is subject to vote today. The Board responded to the feedback of its members.
Jan then questioned how the votes should be counted in order to change the deed restrictions. Joan read Article XXVI of the deed restrictions, the language used to interpret the number of votes needed to change the restrictions, to the members. Jan argued we were not interpreting this correctly. Mary and Joan explained that the language is actually saying that the first requirement is to have a minimum of 50 percent of the members vote and then secondly the majority of those who voted determine the action. Thus, 35 lots at a minimum must vote and then the majority of that minimum or higher determine the action. Mary noted that we inquired with multiple lawyers about the interpretation as well. Jan noted that in other COAs it is the majority of members voting yes that determines a change to the deed restrictions. Patti noted that it does not matter what other associations do but that we need to follow the language of our association documents. Judy noted that all members have the same opportunity to vote and we hold the association in check by who we vote in to represent us on the Board.
Bud Lawson wanted to discuss the letter he received from the Board last October in which he was asked to move his trailer after the 12 month period. He noted that others had trailers. The Board noted that others received a similar letter and all trailers were removed in October 2018. He was not treated differently than others. Bud noted that he felt the interpretation of the deed restriction was “hogwash.” Bud argued that we needed to reimburse his former neighbor for the lawyer fees we charged him and tried to make a motion that we do so. Joan noted that we would note his opinion in the minutes, but that this was not a motionable item. Joan explained that the Board, per the bylaws, is responsible for managing the business and affairs of the association and as part of those duties made an interpretation of a vague deed restriction, which did not say how many trailers one could have in a special circumstance or for how long.
Jan disagreed that the Board had the ability to interpret the deed restrictions in the first place. Further she said that the Board does not have the power to fine a member. Joan noted we have not fined anyone, but that is part of the proposed language change. Lloyd noted we do have the ability to fine members per Texas Property Code 202.004 (c). Jeff then suggested that we read the proposed language on deed restriction up for vote today, which Joan did.
Lynn Enyart mentioned that the “eighteen months” language is not sufficient time to make full repairs in such a situation. She asked that it be twenty four months. Joan noted that the original proposed language was twelve months, and this was changed based on feedback from members. Melva Don noted that if someone needed more time, they could come to the Board for an extension and as long as the member was making progress, this would be considered by the Board. Patti noted that by stating this flexibility, members may be more comfortable with the deed restriction change. Joan noted that we are unable to change the language now as everyone must have an opportunity to vote on the exact language. However, Melva Don noted that we would add to the minutes that the Board would take into consideration any special considerations and that showing progress would be one of those considerations. This falls under the duties of the Board to interpret based on the facts at hand.
Bud clarified that in the letter that we sent out that the Board noted that the proposed language was less restrictive than the current. He noted that we did remove the language noting the ability to have a trailer during a renovation and that by eliminating this, it was more restrictive. Joan stated that the Board did remove this language as the focus was around more emergency situations. Bud disagrees with the categorization of this being less restrictive.
Bud wanted to know who counted the votes. Joan replied that Mary and Dinah would count the votes and invited him to accompany them to verify the number. Bud agreed to assist.
Jack asked for clarification on the number of votes needed. Joan read the deed restriction language again regrading votes. It was noted that this is poorly written, but we would follow the interpretation of the clause. Lloyd noted that we did not write the clause but inherited this as a Board. Bud motioned to change the language. Joan noted that this is not a motionable item as it requires us to follow the clause on having at least 50 percent of members vote and then the majority of those would determine the action. Any proposed change would need to be sent out in advance for all to consider and vote on.
Patti noted that she personally has learned much about being on the Board and that you have to follow what is in the deed restrictions and what is in the state code. She stated that you have to follow the process and that sometimes it is difficult to interpret it. She noted that we need to count on our board to do the right thing. Melva Don noted that we did have access to several lawyers who read the clause on the voting and interpreted it for us. We as a Board did our due diligence. Melva Don also noted that the Board is acting based on guidance from its members. We were asked to re-write the deed restriction language to provide more clarity; we sent the proposed language in advance and received member feedback and then we revised the proposed language accordingly. She noted that we cannot please everyone but we tried to find a reasonable compromise. Some did not want to see a trailer on a lot under any circumstances, but others realize the importance of having this flexibility under certain restricted circumstances. The Board tried to strike a balance on the language and that is what we are voting on today.
Joan called for any additional ballots or if anyone wanted their ballot back to change their vote based on the conversation. Additional ballots were submitted by members. Mary, Dinah, and Bud went to count the votes on the deed restriction change.
New Business
A call was made for any other comments on new business. No new business was discussed.
Results of Voting on Directors: Joan and Lloyd counted the ballots for the vote on the open Director positions. Joan announced that Melva Don Brown received 33 votes to continue as a Board member; Mary Moak received 31 votes to continue as a Board member. Ed Commons was the only write-in and he was not eligible to be a board member because he is an executor and not a member.
Joan noted that next year there will be three open Board spots that members will be able to vote on. She encouraged all members to consider joining the Board. It requires someone who will represent the interests of their neighbors and volunteer their time over a two year period. Patti expressed that we need to have confidence in our Board to act with integrity and make decisions. She advised that we need to have flexibility to understand member’s situations and make decisions.
Results of Voting on Deed Restriction Change: Mary, Dinah and Bud returned to the room. Mary announced that the votes were counted--48 ballots were submitted thus meeting the first criteria of having at least 35 ballots submitted to make a change to the deed restrictions. Of the 48 ballots submitted, 38 ballots had a “yes” vote to approve the proposed language, 9 ballots had a “no” vote to not approve the proposed language, and there was one abstention. As a result, the change to the deed restriction language on Article VI passed with a majority vote.
AJ Minns made a motion to adjourn the meeting, Landrum Gay seconded; the meeting was adjourned at 2:50 pm.
Held at the Volunteer Fire Department in Lamar
Welcome
President Melva Don Brown called the meeting to order at 1:04 p.m.
Guest Speakers: Melva Don introduced Wendy Laubach, County Commissioner. Wendy had no prepared topics. No questions were asked.
Carl Stubbs, current fire department chief, was introduced. Carl noted that the new pumper ordered last year is scheduled to arrive in Dec. Carl noted there are many items at the fire department that are reaching the end of their life cycle. Carl thanked all residents for their support and financial contributions, including the NHCOA, as the department is able to run the department and keep the state-of-the-art equipment that they need and do so being debt-free. Carl reminded all that the group meets every Thursday and is always looking for new volunteers. First weekend in Nov is market days, one of their yearly fundraisers. Also Valentine’s Day next year, Feb 14 & 15 will be Lamardi Gras, a major fundraiser. Mary advised that we do have a check of $500 for the department and presented this to Carl.
Introduction: Melva Don introduced the current board: Dinah Wicker, Mary Moak, herself, Joan Gay and Lloyd Stock. Mary introduced five new members since the last meeting. Only one new member was present-Brad Ulmer. Melva Don noted that she and Mary are both up for re-election for Board positions and asked if anyone wanted to run against them. Joan mentioned that any outstanding ballots would be collected at the end of the meeting as a few folks wanted to hear the discussions first before voting.
Old Business
Minutes: Melva mentioned that the minutes from the 2018 meeting were emailed or mailed. Bud Lawson requested that the minutes be read. Joan read the minutes from the 2018 meeting. Patti Jahn made the motion to approve, Ginger Andrews seconded; the motion to approve the minutes carried.
Financials: Mary mentioned that the financials were sent in advance of the meeting either by email or mailed. Mary summarized that we had a better year than last year primarily due to the fact that we did not have the expense of cleaning the canal. In addition, the annual dues were raised from $200 to $300 per lot, which increased income. Three lots have not paid dues to date from last year. Mary negotiated with the credit union and the larger of our CDs has an increased interest rate of 2.58%, a major increase over last year’s rate. This rate is locked in for three years.
Jan Smith asked if the transfer fee is still $12. Mary noted that the transfer fee is $100 (fee charged when lot ownership is transferred) and that this had been amended a long time ago. Jan is stating that this needs to be corrected in the deed restrictions. Mary said she will check to make sure the amended version is correct on the website.
Reimbursement for Canal Cleaning: Joan advised that at some point last year, FEMA had reported that some neighborhoods would be eligible for reimbursement of funds to clean up their canals. Joan noted that she had inquired about this with the county multiple times and the response was that because we cleaned up our canals on our own, we are not eligible for FEMA reimbursement because we did not follow the process. Even though we did this more efficiently and likely with less expense, we are ineligible as the government has a very rigid application process. Because we jumped on cleaning the canals immediately after Harvey and had contracted the work on our own, we did not follow the process. Melva Don mentioned that the work was conducted expeditiously because the canals are a major part of our neighborhood and many members called the Board for immediate action post-hurricane. Wendy noted that FEMA did not announce the reimbursement opportunity until well over a year after the hurricane. Many members expressed their gratitude for the quick action.
Annual Dues: Melva Don introduced the topic on raising the dues and provided background about why we raised the dues last year in an effort to plan for future dredging costs, which are expected to be quite costly. Discussion ensued. Melva Don noted that the Board has the authority to raise the annual dues without a vote, but similar to last year, the Board wants the input of members to advise the Board on this issue. The question is if we should go to $400 per year per lot or remain at $300. Any deficit in the dues to cover future dredging costs would then take the form of an assessment to members to cover the remaining costs. Thus it is a question of paying a bit more now in annual dues to plan for the future in an attempt to reduce the member assessment when the work actually tales place. Lloyd advised that he has spoken to two companies recently, and both want a $500,000 bond to even provide a bid. Dave Smith asked if we have had any discussion with the state to determine if there is a likely partnership in dredging as was done many years ago. No discussion has taken place to date. Lloyd asked if there are members interested in forming a committee to focus on this topic. Jan asked if anyone had run the depths in the canals to determine if only some or all areas need dredging. Lloyd said that this was done informally after the storm by the Parks and Wildlife Department as they looked for large debris. Lloyd mentioned we can probably get access to this data. Jack Fischer asked what benefit a member on the Aransas side would get from the dredge of the channels. He noted that his issue is the need to dredge in his boathouse. Lloyd said that we could possibly include this dredging in a larger plan. Lloyd mentioned that Jack has a contractor who is dredging his personal slip and the cost is $6,000.
Billy Trott suggested that we get a better idea of what the dredging might cost if we do this independently and the potential cost if there are others who would be interested in partnering with us. Billy suggested we do a depth study within the next six months. He also noted that the value of the dredging is achieved after the canal is dredged, and thus many members paying increased dues now would be paying for the benefits that they may not be around to enjoy if they are no longer members. Lloyd noted that that anyone selling their house will derive benefits as they should get a premium price on their homes by the NHCOA having a realistic financial plan to support future dredging. Peggy Summers said that as she is on the Aransas side, and there was substantial debris that was on that side and was not included in our canal cleaning. Lloyd noted that the Aransas side is governed by the navigational district, and we are not allowed to address debris there. We did seek their permission to get one or two roofs out of their waters and they made a one-time exception because they were overwhelmed with clean-up themselves.
Billy mentioned that it is not fair that all members pay for individual members to dredge their individual slips during any future dredging process without paying for that additional cost. This was not covered previously. Several members agreed. Lloyd again called for members to participate in a committee on this topic. Billy will participate in the committee, as will Jack. Jeff Mauger asked if there is any science to mapping the depths of the canals. Lloyd said no, but we just need to sound it. Jeff was recruited for the committee to assist. Mike Wicker mentioned that the information from dredging previously was provided to the COA so we may be able to start from there to determine how far the canals have regressed. Melva Don mentioned that when Don Melancon, previous Board member, passed, we were unable to get all of the previous NHCOA material from his home so we may not have this. Melva Don noted we will look for this information.
Joan restated that the issue at hand is to take a pulse check from members on if they are amenable to increasing the dues next year from $300 to $400 as an input to the Board’s decision. Melva Don asked for a show of hands. The majority voted yes to raise the dues; two members noted their preference to leave at the current rate until we have a better sense as to the cost of the potential dredging and an actual plan.
Street Lights: Judy mentioned that there is a street light that is not working near lots 12 & 13, and we are paying for this as noted in the financials. Melva Don suggested that Judy call to report this. Joan suggested that both Judy call and the Board call so we can attack on two fronts.
Architecture Committee: Lloyd noted that Ms. Summers house, Neptune 2, is competed. Mary Heath’s house is almost complete-38 Front Street. New build on 44 Magnolia (lot 67) has started. The Minns on Lot 46 have submitted plans and these look good. Lloyd noted that new constructions are messy, and we have to deal with this during the process.
Judy asked about abandoned homes. Lloyd advised that the county has to assess if an abandoned home is a tear down. Wendy advised that the standard must be more than the house being just an eye sore; it must be a safety hazard. Since the storm, the county has moved more on this than before. The best results come when the owners receive citations and decide to take care of this on their own. The best advice is to report to the environmental health department and come with photos to the commissioner’s court. Lloyd mentioned that the Board will continue to pursue this with the owner/son of the lot in question.
Deed Restriction Changes: Melva Don invited comment on the proposed amendment to change the deed restriction on the use of travel trailers under special circumstances. Jan questioned the logic of the Board in distinguishing between a permanent versus a non-permanent member in the clarification made by the Board. Jan feels that in clarifying the restriction that the Board actually changed the restriction, which they did not have the authority to do. Jan also noted that she has an issue with how we are interpreting the clause in the number of votes needed to change the restrictions. Jan feels like the Board overstated their duties and that we owe a former member any funds we charged him for the lawyer bill. Mary noted that we should only address the deed restriction. Lloyd explained the reasoning behind the Board’s decision to make the distinction between permanent and non-permanent residents as the Board was trying to address those who were at risk (no other place to go). Mary emphasized that we did not change the amendment. Lloyd explained that the restriction is vague and thus the board clarified the restriction as per their ability to do so in their Board capacity. Lloyd also noted that there is a restriction that there are no pre-manufactured homes allowed in the subdivision. Lloyd noted that the Board received lots of feedback about the clarification and as a result that is why we are proposing an amendment so that there is no question of interpretation. Joan also noted the discussion on this in the last meeting as noted in the minutes. Joan advised that this is why there is a proposal to change the deed restrictions; the proposed language was sent out to members in July in advance; many members provided additional feedback on the proposed language; the Board then further refined the proposed language to that which was recently sent and is subject to vote today. The Board responded to the feedback of its members.
Jan then questioned how the votes should be counted in order to change the deed restrictions. Joan read Article XXVI of the deed restrictions, the language used to interpret the number of votes needed to change the restrictions, to the members. Jan argued we were not interpreting this correctly. Mary and Joan explained that the language is actually saying that the first requirement is to have a minimum of 50 percent of the members vote and then secondly the majority of those who voted determine the action. Thus, 35 lots at a minimum must vote and then the majority of that minimum or higher determine the action. Mary noted that we inquired with multiple lawyers about the interpretation as well. Jan noted that in other COAs it is the majority of members voting yes that determines a change to the deed restrictions. Patti noted that it does not matter what other associations do but that we need to follow the language of our association documents. Judy noted that all members have the same opportunity to vote and we hold the association in check by who we vote in to represent us on the Board.
Bud Lawson wanted to discuss the letter he received from the Board last October in which he was asked to move his trailer after the 12 month period. He noted that others had trailers. The Board noted that others received a similar letter and all trailers were removed in October 2018. He was not treated differently than others. Bud noted that he felt the interpretation of the deed restriction was “hogwash.” Bud argued that we needed to reimburse his former neighbor for the lawyer fees we charged him and tried to make a motion that we do so. Joan noted that we would note his opinion in the minutes, but that this was not a motionable item. Joan explained that the Board, per the bylaws, is responsible for managing the business and affairs of the association and as part of those duties made an interpretation of a vague deed restriction, which did not say how many trailers one could have in a special circumstance or for how long.
Jan disagreed that the Board had the ability to interpret the deed restrictions in the first place. Further she said that the Board does not have the power to fine a member. Joan noted we have not fined anyone, but that is part of the proposed language change. Lloyd noted we do have the ability to fine members per Texas Property Code 202.004 (c). Jeff then suggested that we read the proposed language on deed restriction up for vote today, which Joan did.
Lynn Enyart mentioned that the “eighteen months” language is not sufficient time to make full repairs in such a situation. She asked that it be twenty four months. Joan noted that the original proposed language was twelve months, and this was changed based on feedback from members. Melva Don noted that if someone needed more time, they could come to the Board for an extension and as long as the member was making progress, this would be considered by the Board. Patti noted that by stating this flexibility, members may be more comfortable with the deed restriction change. Joan noted that we are unable to change the language now as everyone must have an opportunity to vote on the exact language. However, Melva Don noted that we would add to the minutes that the Board would take into consideration any special considerations and that showing progress would be one of those considerations. This falls under the duties of the Board to interpret based on the facts at hand.
Bud clarified that in the letter that we sent out that the Board noted that the proposed language was less restrictive than the current. He noted that we did remove the language noting the ability to have a trailer during a renovation and that by eliminating this, it was more restrictive. Joan stated that the Board did remove this language as the focus was around more emergency situations. Bud disagrees with the categorization of this being less restrictive.
Bud wanted to know who counted the votes. Joan replied that Mary and Dinah would count the votes and invited him to accompany them to verify the number. Bud agreed to assist.
Jack asked for clarification on the number of votes needed. Joan read the deed restriction language again regrading votes. It was noted that this is poorly written, but we would follow the interpretation of the clause. Lloyd noted that we did not write the clause but inherited this as a Board. Bud motioned to change the language. Joan noted that this is not a motionable item as it requires us to follow the clause on having at least 50 percent of members vote and then the majority of those would determine the action. Any proposed change would need to be sent out in advance for all to consider and vote on.
Patti noted that she personally has learned much about being on the Board and that you have to follow what is in the deed restrictions and what is in the state code. She stated that you have to follow the process and that sometimes it is difficult to interpret it. She noted that we need to count on our board to do the right thing. Melva Don noted that we did have access to several lawyers who read the clause on the voting and interpreted it for us. We as a Board did our due diligence. Melva Don also noted that the Board is acting based on guidance from its members. We were asked to re-write the deed restriction language to provide more clarity; we sent the proposed language in advance and received member feedback and then we revised the proposed language accordingly. She noted that we cannot please everyone but we tried to find a reasonable compromise. Some did not want to see a trailer on a lot under any circumstances, but others realize the importance of having this flexibility under certain restricted circumstances. The Board tried to strike a balance on the language and that is what we are voting on today.
Joan called for any additional ballots or if anyone wanted their ballot back to change their vote based on the conversation. Additional ballots were submitted by members. Mary, Dinah, and Bud went to count the votes on the deed restriction change.
New Business
A call was made for any other comments on new business. No new business was discussed.
Results of Voting on Directors: Joan and Lloyd counted the ballots for the vote on the open Director positions. Joan announced that Melva Don Brown received 33 votes to continue as a Board member; Mary Moak received 31 votes to continue as a Board member. Ed Commons was the only write-in and he was not eligible to be a board member because he is an executor and not a member.
Joan noted that next year there will be three open Board spots that members will be able to vote on. She encouraged all members to consider joining the Board. It requires someone who will represent the interests of their neighbors and volunteer their time over a two year period. Patti expressed that we need to have confidence in our Board to act with integrity and make decisions. She advised that we need to have flexibility to understand member’s situations and make decisions.
Results of Voting on Deed Restriction Change: Mary, Dinah and Bud returned to the room. Mary announced that the votes were counted--48 ballots were submitted thus meeting the first criteria of having at least 35 ballots submitted to make a change to the deed restrictions. Of the 48 ballots submitted, 38 ballots had a “yes” vote to approve the proposed language, 9 ballots had a “no” vote to not approve the proposed language, and there was one abstention. As a result, the change to the deed restriction language on Article VI passed with a majority vote.
AJ Minns made a motion to adjourn the meeting, Landrum Gay seconded; the meeting was adjourned at 2:50 pm.
Annual NHCOA Meeting September 8, 2018 Minutes Approved at 2019 Annual Meeting
Held at the Volunteer Fire Department in Lamar
Welcome
President Melva Don Brown called the meeting to order at 1:05 p.m. Melva Don asked that we have our guest speakers on the agenda first. Guest Speakers
Guest Carl Stubbs-Chief of the LVFD thanked all volunteers and all who donated during the hurricane. The department had an open house a few weeks ago to thank the community. In August, LVFD signed a contract for a new fire truck, replacing a 25 year old piece of equipment. Member asked if the fire truck would be funded by a grant. Carl said no but they are pursuing some money and with present funds expect that it will be paid in full by the time it is delivered. Carl mentioned that they are always looking for new volunteers. Currently they have 15-18 active members. The group meets on Thursdays.
Billy Trott asked if the dry hydrants have any value. Carl responded that they are not always successful and the department does not use them anymore. They have recently placed a spliced valve in the neighborhood. Also they have two pumps to provide a water supply which works better than the dry hydrants.
Carl said that post-hurricane, our neighborhood was one of the last to get water. Most of the issues were on the member side of the lines where there were many leaks. If there is future hurricane or evacuation, please turn off your water at the meter.
Guest Betty Stiles-County Commissioner greeted the members. Betty attended a conference in Austin about long term recovery. Betty reflected on the fact that we were more prepared in this county than most other counties impacted by the hurricane. Our debris removal was timely. Revenue has decreased significantly due to reductions in property taxes and hotel/motel business. FEMA has come through with some funds, particularly for debris removal and canal debris removal. Melva Don asked about the fact that Neptune Harbor was listed as one canal association that should receive funds. We have been told that NHCOA is not eligible for reimbursement because we proactively cleaned our canal and cannot be reimbursed for work already completed. Betty confirmed that this is also what she has heard but encouraged the NHCOA to pursue grant money. Betty estimates that it will take 3-5 years for full recovery, but we have had a good start.
Carl and Betty exited the meeting.
Introduction of Board, New Residents and Attending Members
Melva Don asked the current Board members to introduce themselves. Mary McKeown-Moak, Treasurer, then asked the newest members Jeff and Linda Mauger on Magnolia to introduce themselves. Then all members present stated their name and lot number or address. Mary announced that incumbents up for re-election—Joan Gay, Secretary; Dinah Wicker, 2nd Vice President; and Lloyd Stock, 1st Vice President & Engineer--were all re-elected. Mary confirmed that we have a quorum with 25 lots present.
Old Business
Approval of Minutes
Joan Gay read the meeting minutes from March 24, 2018 which was for the 2017 year (delayed meeting from September 2017 due to the storm). Billy motioned to approve the minutes as read; Mike Wicker seconded. The motion carried.
Review of Financial StatementsMary reported on the financial statements. They were sent to the members via email. Mary reviewed the highlights, particularly the unusual year with the large expense of the canal clean-up. Mary described typical annual expenses. Based on our expenses, we are in a deficit for the year of $2,500. Only one lot has not paid their dues to date, which is better than previous years.
Member asked about the canal clean-up expense. Melva Don and Lloyd described the process that we went through by using Shorty Smith to clean the canal and the substantial amount of debris that was removed.
Billy asked what the best interest rate is on our CDs. Mary reported that 1.74% is our best rate.
Special Assessment DiscussionMelva Don brought up the topic of a special assessment or the raising of dues to address future dredging. The last time we dredged was 2010 and we joined efforts with the state park, which lowered our costs. Future dredging will be substantially more expensive than our costs for past dredging. We need to long term plan for dredging. Mary shared her financial analysis on the various options suggested. One member asked why he did not have the ability to vote on the use of the funds to clean the canal. Mary explained that it is the responsibility of the Board to make day to day decisions for the Association to maintain the canals. Discussion ensued on the different options. Lloyd explained that we are currently out of spec in certain parts of the canal now—likely impacted by the storm. Lloyd described the process and the integrity of the bulkheads. Another member mentioned that all parts of the canal are likely not in the same condition so a full dredge may not be needed.
The Board explained that this is not a motionable item as the Board has the discretion to raise dues. The Board took a vote to understand member views on if a raise in dues or a one-time assessment to repay the amount used for the canal clean-up was viewed as more acceptable. By a show of hands, the majority present indicated their preference that dues increase to $300 per lot next year instead of an assessment and to review this topic on an annual basis. The Board will take the majority opinion under advisement.
Architecture Committee Update
Lloyd reported that the only new build is on Neptune 2. All other activities are rebuilds and within compliance.
Reporting Deed Restriction Violations
Joan advised that the proper way to express a deed restriction violation or any concern is to email any board member. She reminded members that we do not want to call other members out via email to the entire association. We want to be respectful to all members.
Lawn MaintenanceMelva Don shared that the Board is addressing the un-mowed lots and sending the bills to the owners. Billy suggested that we also charge a sur-charge in addition to the mowing costs to members as the Association is not in the business of lawn-mowing.
Mike Siegeler mentioned his concern that there is debris that is kicked out of the un-mowed lawns onto his property. Lloyd mentioned that he will speak to the mowers to ask that they mow so debris shoots internally.
Member asked about what happens with lots that are not taking any actions. Lloyd explained that after a period of time, if the member does not take action, the county will come in if it is a tear down situation. Lloyd mentioned that there are various situations in our neighborhood--several are fighting with the insurance companies; some are trying to find contractors, etc.
Member mentioned that Lot 60 (Melancon) needs attention. The Board discussed actions taken to date on this lot and necessary actions to come. Member mentioned that the previous weekend there were folks looking at this lot who said they were auctioneers so there may be movement from member owner soon.
Mary mentioned that there are other types of deed restrictions that are reviewed by the Board, such as roofs, out buildings, boat lifts, and that we track these inquiries and/or violations. This year in particular there have been more reviews required by the Board to ensure compliance with the deed restrictions due to the recovery efforts and rebuilding.
Deed Restrictions on Travel TrailersMary read Amendment VII to the deed restrictions, which addresses trailers on lots. Mary explained the reasoning behind the interpretation and clarification from the Board in February 2018 in which members were notified that only residents whose permanent home is in Neptune Harbor could have trailers on their lots for a period of up to six months from the February date. Lloyd discussed why we made this decision. Mike S asked why we were discriminatory in our decision and why he was unable to bring a trailer in and why others were able to. Mary reminded Mike that he was granted an exception to the restriction at the last annual meeting by vote and that he set the time period for removal of his trailer. He did remove his trailer by that date but then after being told he could not bring it back, he did so anyway. This is what prompted the Board to seek legal advice. Lloyd restated the reasoning behind the decision: there is precedence within the deed restrictions for specificity and time restrictions on other amendments and this amendment is vague; the board felt the need to clarify the amendment for all post-Hurricane Harvey; there is a strong desire to restrict our neighborhood being used as a trailer park, even temporarily; members whose permanent homes are in Neptune were displaced, while those whose homes are secondary residents were not. Thus the Board made the clarification to address the need of displaced residents.
Mike asked why he had not seen a lawyer bill from the letter that the Board had sent to him asking for the removal of his trailer. Mary explained that the lawyer bill had not yet been received when he made his request and was not part of the fiscal year information that he requested in his demand letter for various items from the Board. Mike asked the cost of legal bill. Mary advised it was $550 and would show in the following fiscal year.
Discussion ensued on the trailer issue. Mike S motioned to rescind the clarification from the Board on the permanent residents only stipulation for trailers. Bud Lawson seconded. The Board advised that the motion was out of order as the Board has the ability to clarify the deed restrictions as part of their duties as noted in the bylaws and that the Board did not change the Amendment, but clarified it. Mike asked how the Board is held accountable. Lloyd said that the members vote to determine who is on the Board and that is how they are held accountable. Mike asked how this amendment could be changed. Lloyd advised that the Board agrees that the Amendment needs to be more clear and that the Board will be proposing a change to the Amendment in the future, which must be sent for a vote by all members. Further discussion ensued on the trailer issue with various members expressing their opinions. Judy Griffin suggested that consideration be given for homes under construction. Bridget Gayle proposed that we consider to allow trailers for rebuilds. Dennis Harrod suggested that all residents be treated equal in terms of the restrictions. Jane Wicker mentioned that no trailers have ever been allowed in this neighborhood since its initial inception and should not be allowed going forward. Bud suggested the association consider charging for a permit to have a trailer on your lot.
Mary responded that she had researched this suggestion and learned that this would change the tax status of the COA as a non-profit organization so this is not feasible. Joan summarized the discussion stating that there were varied opinions on the trailer issue; the Board will take the discussion under advisement; and the Board will work to clean up the Amendment and send this out for a full member vote.
New Business
Joan asked if there was any other business. No other business was brought forward.
Billy motioned to adjourn the meeting; Judy seconded. The motion carried and the meeting ended at 3:10pm.
Minutes were approved at the Annual NHCOA Meeting held on September 21, 2019.
Held at the Volunteer Fire Department in Lamar
Welcome
President Melva Don Brown called the meeting to order at 1:05 p.m. Melva Don asked that we have our guest speakers on the agenda first. Guest Speakers
Guest Carl Stubbs-Chief of the LVFD thanked all volunteers and all who donated during the hurricane. The department had an open house a few weeks ago to thank the community. In August, LVFD signed a contract for a new fire truck, replacing a 25 year old piece of equipment. Member asked if the fire truck would be funded by a grant. Carl said no but they are pursuing some money and with present funds expect that it will be paid in full by the time it is delivered. Carl mentioned that they are always looking for new volunteers. Currently they have 15-18 active members. The group meets on Thursdays.
Billy Trott asked if the dry hydrants have any value. Carl responded that they are not always successful and the department does not use them anymore. They have recently placed a spliced valve in the neighborhood. Also they have two pumps to provide a water supply which works better than the dry hydrants.
Carl said that post-hurricane, our neighborhood was one of the last to get water. Most of the issues were on the member side of the lines where there were many leaks. If there is future hurricane or evacuation, please turn off your water at the meter.
Guest Betty Stiles-County Commissioner greeted the members. Betty attended a conference in Austin about long term recovery. Betty reflected on the fact that we were more prepared in this county than most other counties impacted by the hurricane. Our debris removal was timely. Revenue has decreased significantly due to reductions in property taxes and hotel/motel business. FEMA has come through with some funds, particularly for debris removal and canal debris removal. Melva Don asked about the fact that Neptune Harbor was listed as one canal association that should receive funds. We have been told that NHCOA is not eligible for reimbursement because we proactively cleaned our canal and cannot be reimbursed for work already completed. Betty confirmed that this is also what she has heard but encouraged the NHCOA to pursue grant money. Betty estimates that it will take 3-5 years for full recovery, but we have had a good start.
Carl and Betty exited the meeting.
Introduction of Board, New Residents and Attending Members
Melva Don asked the current Board members to introduce themselves. Mary McKeown-Moak, Treasurer, then asked the newest members Jeff and Linda Mauger on Magnolia to introduce themselves. Then all members present stated their name and lot number or address. Mary announced that incumbents up for re-election—Joan Gay, Secretary; Dinah Wicker, 2nd Vice President; and Lloyd Stock, 1st Vice President & Engineer--were all re-elected. Mary confirmed that we have a quorum with 25 lots present.
Old Business
Approval of Minutes
Joan Gay read the meeting minutes from March 24, 2018 which was for the 2017 year (delayed meeting from September 2017 due to the storm). Billy motioned to approve the minutes as read; Mike Wicker seconded. The motion carried.
Review of Financial StatementsMary reported on the financial statements. They were sent to the members via email. Mary reviewed the highlights, particularly the unusual year with the large expense of the canal clean-up. Mary described typical annual expenses. Based on our expenses, we are in a deficit for the year of $2,500. Only one lot has not paid their dues to date, which is better than previous years.
Member asked about the canal clean-up expense. Melva Don and Lloyd described the process that we went through by using Shorty Smith to clean the canal and the substantial amount of debris that was removed.
Billy asked what the best interest rate is on our CDs. Mary reported that 1.74% is our best rate.
Special Assessment DiscussionMelva Don brought up the topic of a special assessment or the raising of dues to address future dredging. The last time we dredged was 2010 and we joined efforts with the state park, which lowered our costs. Future dredging will be substantially more expensive than our costs for past dredging. We need to long term plan for dredging. Mary shared her financial analysis on the various options suggested. One member asked why he did not have the ability to vote on the use of the funds to clean the canal. Mary explained that it is the responsibility of the Board to make day to day decisions for the Association to maintain the canals. Discussion ensued on the different options. Lloyd explained that we are currently out of spec in certain parts of the canal now—likely impacted by the storm. Lloyd described the process and the integrity of the bulkheads. Another member mentioned that all parts of the canal are likely not in the same condition so a full dredge may not be needed.
The Board explained that this is not a motionable item as the Board has the discretion to raise dues. The Board took a vote to understand member views on if a raise in dues or a one-time assessment to repay the amount used for the canal clean-up was viewed as more acceptable. By a show of hands, the majority present indicated their preference that dues increase to $300 per lot next year instead of an assessment and to review this topic on an annual basis. The Board will take the majority opinion under advisement.
Architecture Committee Update
Lloyd reported that the only new build is on Neptune 2. All other activities are rebuilds and within compliance.
Reporting Deed Restriction Violations
Joan advised that the proper way to express a deed restriction violation or any concern is to email any board member. She reminded members that we do not want to call other members out via email to the entire association. We want to be respectful to all members.
Lawn MaintenanceMelva Don shared that the Board is addressing the un-mowed lots and sending the bills to the owners. Billy suggested that we also charge a sur-charge in addition to the mowing costs to members as the Association is not in the business of lawn-mowing.
Mike Siegeler mentioned his concern that there is debris that is kicked out of the un-mowed lawns onto his property. Lloyd mentioned that he will speak to the mowers to ask that they mow so debris shoots internally.
Member asked about what happens with lots that are not taking any actions. Lloyd explained that after a period of time, if the member does not take action, the county will come in if it is a tear down situation. Lloyd mentioned that there are various situations in our neighborhood--several are fighting with the insurance companies; some are trying to find contractors, etc.
Member mentioned that Lot 60 (Melancon) needs attention. The Board discussed actions taken to date on this lot and necessary actions to come. Member mentioned that the previous weekend there were folks looking at this lot who said they were auctioneers so there may be movement from member owner soon.
Mary mentioned that there are other types of deed restrictions that are reviewed by the Board, such as roofs, out buildings, boat lifts, and that we track these inquiries and/or violations. This year in particular there have been more reviews required by the Board to ensure compliance with the deed restrictions due to the recovery efforts and rebuilding.
Deed Restrictions on Travel TrailersMary read Amendment VII to the deed restrictions, which addresses trailers on lots. Mary explained the reasoning behind the interpretation and clarification from the Board in February 2018 in which members were notified that only residents whose permanent home is in Neptune Harbor could have trailers on their lots for a period of up to six months from the February date. Lloyd discussed why we made this decision. Mike S asked why we were discriminatory in our decision and why he was unable to bring a trailer in and why others were able to. Mary reminded Mike that he was granted an exception to the restriction at the last annual meeting by vote and that he set the time period for removal of his trailer. He did remove his trailer by that date but then after being told he could not bring it back, he did so anyway. This is what prompted the Board to seek legal advice. Lloyd restated the reasoning behind the decision: there is precedence within the deed restrictions for specificity and time restrictions on other amendments and this amendment is vague; the board felt the need to clarify the amendment for all post-Hurricane Harvey; there is a strong desire to restrict our neighborhood being used as a trailer park, even temporarily; members whose permanent homes are in Neptune were displaced, while those whose homes are secondary residents were not. Thus the Board made the clarification to address the need of displaced residents.
Mike asked why he had not seen a lawyer bill from the letter that the Board had sent to him asking for the removal of his trailer. Mary explained that the lawyer bill had not yet been received when he made his request and was not part of the fiscal year information that he requested in his demand letter for various items from the Board. Mike asked the cost of legal bill. Mary advised it was $550 and would show in the following fiscal year.
Discussion ensued on the trailer issue. Mike S motioned to rescind the clarification from the Board on the permanent residents only stipulation for trailers. Bud Lawson seconded. The Board advised that the motion was out of order as the Board has the ability to clarify the deed restrictions as part of their duties as noted in the bylaws and that the Board did not change the Amendment, but clarified it. Mike asked how the Board is held accountable. Lloyd said that the members vote to determine who is on the Board and that is how they are held accountable. Mike asked how this amendment could be changed. Lloyd advised that the Board agrees that the Amendment needs to be more clear and that the Board will be proposing a change to the Amendment in the future, which must be sent for a vote by all members. Further discussion ensued on the trailer issue with various members expressing their opinions. Judy Griffin suggested that consideration be given for homes under construction. Bridget Gayle proposed that we consider to allow trailers for rebuilds. Dennis Harrod suggested that all residents be treated equal in terms of the restrictions. Jane Wicker mentioned that no trailers have ever been allowed in this neighborhood since its initial inception and should not be allowed going forward. Bud suggested the association consider charging for a permit to have a trailer on your lot.
Mary responded that she had researched this suggestion and learned that this would change the tax status of the COA as a non-profit organization so this is not feasible. Joan summarized the discussion stating that there were varied opinions on the trailer issue; the Board will take the discussion under advisement; and the Board will work to clean up the Amendment and send this out for a full member vote.
New Business
Joan asked if there was any other business. No other business was brought forward.
Billy motioned to adjourn the meeting; Judy seconded. The motion carried and the meeting ended at 3:10pm.
Minutes were approved at the Annual NHCOA Meeting held on September 21, 2019.