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Minutes of Annual Meeting 2001 |
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(Ivy Residential) held October 19, 2001
Members present: Zach Thundy (B-4), Frank and Beth Verterano (B-5), Mike Gates (D-2), Ed and Susan McGee (D-1), Ron and Wendy Simko (B-8), Bubby Cronin (D-5), Ed Gibbons (D-7), Jim Waclawik (C-3), Kate Connelly (A-1), Walt Kavanaugh (D-4), Bob King (A-4), Mark and Jill Tabit (C-4), John Burke (C-1), Diane Gargiulo (A-8), Pat and Guy Smith (B-3), Lou and Susie Marchioli (B-1), Marianne Rullo (A-2), Terry Nolan (D-6) and Ted Carnevale (C-2).
1. Zach Thundy, Board President, called the meeting to order at 4:05 p.m. and welcomed and introduced the new members.
2. Beth Verterano, Secretary, distributed copies of the corrected minutes of the annual meeting of October 27, 2000, the special board meeting of October 16, 2001, the agenda for the October 19th annual meeting, and Zach Thundy’s memo dated October 19, 2001, which was his response to Jim Waclawik’s letter of October 9, 2001.
Ron Simko, Treasurer, distributed copies of the 2002 proposed budget, and the Ivy Residential statement of income and expense.
3. Ed McGee moved and Bob King seconded the approval of the corrected minutes of October 27, 2000. Motion passed.
4. Treasurer, Ron Simko, presented the statement of income and expense and noted that the only extraordinary item was about $9,500 in revenue received from insurance to offset a similar expense for sewer backup. He also discussed the proposed 2002 budget including a replacement reserve line item of $430 a month to cover unexpected expenses. Mark Tabit moved and Walt Kavanaugh seconded a motion to approve the 2002 proposed budget (Total amount $46,080). Motion passed.
5. Kevin Bonine of Unicorn Management was asked if he had anything he wanted to report. He said, “No.”
6. Walt Kavanaugh moved and Bob King seconded a motion to require all condo owners to obtain insurance to cover liability and property damage inside each condo. This motion was prompted by a discussion regarding the fact that the association insurance had paid to correct damage inside individual condos instead of their individual policies paying. There was consensus that this should not be. It was also determined that the owners present at the meeting had insurance. John Burke said the documents should specify which damages are to be paid by the association and which are to be paid by the individual condo owner’s insurance. He said he would review them and prepare a report that can be distributed to all association members.
As a result of the discussion, no vote was taken on the motion but all owners were urged to send copies of evidence of their insurance policies to Kevin Bonine at Unicorn Management.
7. Ed Gibbons moved and Jim Waclawik seconded a motion to postpone the vote on agenda item 6 (Proposed amendment to the bylaws) until the end of the meeting. Motion passed (11-yes, 9-no).
8. Bob King gave an update on the lawsuit and said that the June 2001 mediation resulted in an agreement that was not 100% satisfactory to either side (All members had previously been sent a copy of the proposed settlement.) That settlement involved McGraw obtaining an easement from Turtle Creek by September 15, 2001. (To date, 10/19/01, he has not done that.) Bob King said he was still hopeful that the matter would be settled in accordance with the mediation agreement whereby ingress and egress for Jamison House residents and the fire department would be through the alleys off Ivy Road and not through the Ivy Residential parking lot. A fence could be erected ten feet south of the Jamison House property line behind B building, landscaping done, and McGraw would pay $15,000 for damages, fence costs, landscaping, etc. A ten-foot easement behind B building - five feet to be paved and five feet to be landscaped would be established.
Jim Waclawik stated why he felt he should not have to pay the assessment for legal fees since he had opted out of the lawsuit. Others spoke saying they agreed with him. Others disagreed. Frank Verterano said he disagreed because although they opted out of the class and would not be required to participate as class members, they did not opt out of the condo association. The association has the right to fund the expense of a lawsuit the outcome of which could profoundly affect the property rights of the association.
Considerable discussion and comments occurred with Jim Waclawik and others urging the board to weigh the costs of the lawsuit against the benefits to be gained.
Beth Verterano referred to the minutes of the Special Board Meeting of October 11, 2001 and said a meeting with Don Fozo of the Building Commission, Bert Prawat of the Fire Department, Attorney Shawn Ryan, and some association members had been held Thursday, October 11, 2001. Pat McGraw and his Attorney Bill Wilson were expected to attend but did not. She also noted that McGraw had violated the court-ordered injunction by putting gravel behind B building. After waiting until October 15, 2001, one month beyond the September 15, 2001, mediation deadline, Attorney Shawn Ryan was directed to proceed with the contempt of court action and the lawsuit.
9. A motion was made and seconded to approve the staining and painting of the exterior of the buildings and the doors at a cost of approximately $20,000. Jim Waclawik noted that voting for this motion and others pertaining to maintenance meant those voting were also voting for monetary assessment to cover the cost. Motion carried with all those present voting “yes.” (Duddy and Moschel were not present but voted “no” on the survey they returned to Zach Thundy by mail.)
10. A motion was made and seconded to install eaves, gutters, and downspouts and to assess the owners for the cost. Motion carried. All present voted “yes.” (Duddy and Moschel, who were not present, voted “no” by mail.)
11. Terry Nolan said repairs are needed to the concrete steps. It was moved and seconded that Kevin Bonine should get an estimate on the cost to make those repairs where needed. Motion carried.
12. Regarding the election of board members, Zach Thundy, Beth Verterano, Michael Gates, Michael Moschel and Ron Simko agreed to serve on the board of directors. There being no other nominees or volunteers, Susie Marchioli moved and Bob King seconded that the nominations be closed and the five members as submitted be approved. Motion carried.
13. There was discussion about the need to move forward with some landscaping behind B building + as a start to plant three large trees and relocate the scraggly trees closer to the north property line. Terry Nolan moved and Susie Marchioli seconded a motion to begin the landscaping behind B building with a $3,000 limit at this time. Motion carried with Louis Marchioli voting “no.”
14. The proposed amendment to the by-laws which would prohibit those members in arrears on assessments and/or maintenance fees from voting on matters and/or holding office was defeated because the “yes” votes (16) were two short of the number needed (75%). There were 7 “no” votes.
15. Other items:
a. Regarding the issue of replacing the hot water heaters and placing pans underneath . . . the issue has been discussed for so many years many owners have already taken care of this matter. Those who have not are urged to do so.
b. When the recent meeting with the fire department was mentioned, Guy Smith pointed out that those owners who rent and have basement bedrooms do not comply with the fire code.
c. Ted Carnevale said he had not paid his maintenance fees because he did not understand the services being provided by Unicorn Management. Both Kevin Bonine of Unicorn Management and Ron Simko, Treasurer, spoke to that issue.
Meeting adjourned at 6:00 p.m.
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