Sunday, June 28, 2015

Stannard Beach Assn General Mtg 6.28 2015

STANNARD BEACH ASSOCIATION
GENERAL MEETING 
06/28/15
The Meeting was called to order by President George Dallas at 9:04AM.

A moment of Silence was observed for our Neighbors we lost over the last year:
William “Bill” Wrang, Jr., Warren Katz, Dennis Hersh, Sis Palmer, Shirley Hoberman, Harvey Fishman and Emily Fedorko.

Minutes from our last General meeting held 08/31/14 were read by Marie Garabedian. There were no changes and all approved the minutes as presented.

Treasurers Report:
Laura Petchler went over the Proposed Budget (please see the copy attached) the projected tax revenue should be $77,610.00. The Cash in the back as of 06/19/15 is $99,507.00 in checking and $6,099.00 in savings. Merle Katzman made a motion to accept the Treasurers report as presents, it was seconded by Steve Mason and all Approved.

General Business:
The Pizza Party is being planned again for next year, once again this year, it was a huge success. Thanks go out to Vy Kava, Mary Rottblatt, Laura Petcher and Marie Garabedian for all their work in planning this fun social event.

As the minutes stated, The By-laws document was updated by Sharon Bender and Laura Petchler. They spent countless hours updating and replicating the original document – indicating where changes have been previously voted/proposed. They have done a great job. George asks for members to review the document and give their feedback, updates or changes to Sharon and or Laura. George also mentioned a few things in the By-Laws are also town ordinances. Such as Fireworks and Bon Fires on the Beach. There are Town ordinances against both of these, as well as fire pits in yards can be considered nuisances.

George went on to say he had authorized Dan Medeiros Sr. to repair Joan Connell Pavilion, new plastic chicken wire was installed on the ceiling as well as rotted boards and siding replaced.

George stated that Mark Apter wants to make a donation for a memorial for their Parents. George asked that two cast aluminum benches be installed at the playground. These are to be mounted and bolted to concrete slabs. Thanks to the Apter Family for their generous donation.
Regarding the Beach conditions, George said they are in good shape this year, thanks to Mother Nature. We’ll be keeping an eye on things because the sand can come and go quickly.

George also said the discovered drain off Route 1 and behind the Pavilion was sitting in a swamp. The Rip Rap chute for the drain and the north side of the lot were all cleared by Dan Medeiros Jr.

A reminder that Sandy Seidman is the Nominating chair and should anyone have suggestions or is interested in becoming a board member to contact Sandy.

The Sanzo house sold to Rick and Han Suydam.

Steve and Barbara Mason are updating the directory, please check the info and be certain that your e-mail address are listed correctly.

George went on to read a two page Statement from the Board to the members regarding the Right of Way repair (ROW repair) and or possible legal action regarding the drainage between the Lyman and Brown properties. (Please see the complete Statement attached to these minutes.)
Motion A:  We support adding a line item to the 2015-2016 Budget entitled “ROW repair” in the amount of $15,000 to be utilized to secure a legal release of liability and complete the ROW drainage project in accordance with the engineering specifications.
Motion B:  We do not support moving forward with the ROW drainage project.  We support adding additional funds in the amount of $25,000 to the “Professional Fees” line item on the 2015-2016 budget.
Discussion followed regarding if there were by-law violations and the best way to proceed as well as a suggestion of tabling this and forming a negotiation committee. 
Michael Guinan was introduced and read the following condensed history of events (which has been slightly edited from its original form):
- May 2011, Browns finished construction of their home, and after the ROW was "put back together" there was a depression that created an unsightly and muddy pooling "pond" of water in the middle of the ROW that would last for days at a time. The shape of the ROW was like a martini glass with the middle of the ROW the low point.
 - April 28th, 2013, Board meeting: the Lyman's presented the issue to the board and the Board members had an active discussion, agreed this was an issue, and voted to obtain a current TOPO (topology) survey, a reviewed a plan to fix it from an engineer Lyman recommended – Dave Ziaks: who he disclosed he uses on projects - but this would not be a cost to SBA (Stannard Beach Association).  Also it should have a bond, written scope of work, insurance, and the suggestion that Lou Brown pay for the total cost of the project.
 - This direction was not exactly taken, and instead an alternative solution came to be:
- May 11th, 2013, a meeting occurred at the ROW with neighbors, the SBA President, those Board members who could make it, and some neighbors who have experience in this arena, including a certified engineer.  The engineer’s report concluded that non-porous construction material had been left in the ROW, which prevented normal percolation of surface water. A decision was made to move forward with a plan to address the non-porous soil situation by excavating the “bad” soil, replacing it with “good” porous soil, re-grading the area, re-sodding, and replacing the concrete panels in the sidewalk that had been damaged.
- The work cost was outlined and the Brown's accepted the responsibility for the construction-related damage to the ROW, and agreed to pay for the work:  $8,950.  
We, the SBA Board, tried to do the right thing and facilitate the fix with what appeared to be a reasonable, and also a less costly solution. Note: the original engineer – Ziaks - sent the Board a different recommendation that also included a “mechanical” drainage system of sorts that was more costly.
- However, because the ROW was SBA property, the SBA Board hired the contractor and paid for the work - not the Browns - with the agreement that the Browns would reimburse the SBA.
Early June, approximately June 3-8th, 2013: The work was subsequently done.  
- June 7th, 2013, all of the ROW work was complete except for sod.  We experienced a huge amount of rain that day and night – estimated between 2 and 4 inches. As a result, all of the surface water that would normally be “filtered” by grass on the ROW, ran un-restricted over raw dirt for several hours. The Lyman's reported that their electronic water sensor in their basement/crawl space went off for the first time ever since its original installation approximately 4 years previous. It has been noted to the committee that during that four year time frame there was a hurricane and super storm Sandy, neither of which triggered the water alarm according to the Lyman’s.
Sometime between June 9 and 12, 2013, the sod installation was completed. Note: We have been unofficially (i.e. verbally – not via e-mail) informed that the Lyman's electronic water sensor in the basement was triggered approximately 3 more additional times since June 12th, 2013.

- June 14th, 2013, Lyman's attorney filed a Demand Letter against the Brown's and the Association, calling for additional correction of current and future flooding conditions in the right of way.
- June/July 2013: The Brown's informed the Board that their reimbursement of $8950 to the SBA would not be paid until they had a release from the Demand Letter, and from Lyman's past, present, and future accusations and liabilities.
- Summer and Fall 2013: The Lyman's observed to the sub-committee that the low point of the ROW appeared to have moved from the middle of the ROW (Martini glass shape), to the Southeast corner of the ROW, which is closest to their property line, house, porch and common sidewalk area - potentially causing more water issues. Note: item 3 in the Demand letter suggested the “installation of a yard drain near the Lymans’ front porch, which will discharge to sea wall, and create an outlet for standing water other than the Lymans’ walkway”. Several discussions between the President of the Board and Dave Ziaks could not reach agreement on that recommendation.
- October 2013, the board decided, voted to hire David Ziaks - who is the Lyman's engineer on other projects (fully disclosed to us) - to design and propose a storm water mediation system for the right of way.   The “theory” here was that if Ziaks designed the plan and oversees the execution of it, and signs off that it was done to spec, that all the parties would be satisfied and it would trigger the release of the releases from escrow as well as the Browns reimbursement funds to the association of approximately $8950 less $550 in Browns legal expenses.
Spring and Fall 2014:  Several bids for the work were received, but all of the bids exceeded the Board's no-to-exceed $15,000 recommendation, so no work was done.
- Spring 2015:  Mr. Ziaks presented a single bid for the work to be done at $16,200, based on him representing a discount of his services as part of the bid.  The board voted several times to proceed (not unanimously), but the President delayed final approval until proper recommendations and credentials of the contractor were presented.  Additionally, there was sufficient concern that the release language remained restrictive – even after the proposed work was to be completed.
May 24th, 2015: The board was presented with appropriate credentials and recommendations of the contractor and voted to move forward (not unanimously) with the proposed fix of the ROW, but now work was to be done until the language of the release documents was “satisfactory”, that those documents were signed and counter-signed, and placed in escrow, along with the Brown’s check for $8950 less their legal expenses of $550 to date.
 - June 20, 2015, the board was presented with updates on the language of the release documents of which our attorney had worked with the Lyman's attorney, and it was deemed to be “better” language, and subject to final review within the SBA Board.
The Board voted again to move forward with the Row repair proposal. However, examination of the By-Laws showed that this issue would require a 2/3 approval of the general membership because the total net cost: contractor + engineer + legal - Brown's reimbursement exceeds the $10,000 allowed in the By-Laws for Board approval of capital projects.
Both Motions were tabled after extensive discussion – primarily because our By-Laws (ARTICLE XIII) require preliminary notice of a vote to be held that involves use of reserve funds, and that ARTICLE IX 2A requires notice “well in advance” when an expenditure of greater than $10,000 is being considered.
A third motion was made to distribute the information above to all members for their information and review, and that a special meeting to re-consider and re-vote the motions above is to be convened on Sunday, July 19 at the Pavilion at 9am. In the meantime, the Board is continuing to work with our attorney to make sure that the release language is as broad as possible so as to prevent any future conflict and/or litigation for all parties in regards to this matter.
After Michael Guinian finished his overview, the discussion continued.
Darcy Caslin commented how there was no water problems from 2007 through 2011, prior to the Browns building their new house. John Petchler made the suggestion of having a 30 Day notice to be better informed. Joyce Bisberg suggested tabling this for now and schedule a special meeting. Adam Schwartz questioned if the board was split or in agreement regarding this issue. Then the discussion continued further with Michael Guinan and George Dallas clarifying the history of this issue. There was more discussion about getting this resolved, putting it behind us and making sure that we are all protected.
Sandy Seidman made a motion to add a line item to the budget to set aside $25,000.00 to cover rectifying this situation. After a brief discussion of the motion, Mark Miller made a motion to accept the change to the budget and that was seconded by Barbara Mason. It was then suggested to amend the motion to leave the budget as is and use reserves to fill any gap. So Michael Guinan then made a motion to amend the budget and David Caslin seconded that motion. All voted in favor of the addend budget.
Dr. Brown extended his Thanks both Michael Guinan and John Abella for all their efforts try to put this to rest.
Another motion was brought to the floor to schedule a special meeting for Sunday July 19, 2015, to vote on how to handle the Lyman/Brown ROW issue.
Merle Katzman made a motion to adjourn the meeting at 10:30 it was seconded by George Palmer.
Respectfully Submitted:

Marie Gallo-Garabedian

Saturday, June 20, 2015

Stannard Beach Association BOD Meeting June 20, 2015

Stannard Beach Association BOD Meeting   June 20, 2015

The meeting, in the repaired Connell Pavilion, was called to order by George Dallas at 9:10 am.

Minutes from the Board meeting dated May 24, 2015 were read. Edit was proposed to made to remove the names of persons in arrears on Assn dues. Just say there is an outstanding balance due. Motion to accept the minutes with edits was made by Merle Katzman, 2nd by George Palmer. All agreed, motion passed.

Treasurer’s report: Laura Petchler reported finding a completed, paid up mortgage note for the pavilion, parking lot and tennis courts in the safe deposit box!

Our bank balance is $99507.93 plus a CD for $6099,60.  Several unexpected repairs were performed: Cedar Ln swail on north side of parking lot was cleaned out and is running freely now, the pavilion was repaired – rotten wood replaced and chicken wire replaced with plastic type, and groin #1 was repaired. All totaled approx. $8000.


The proposed budget for 2015-2016 was presented and reviewed. A motion was made by John Abella, 2nd by Harvey Robbins, that the Board recommend no increase in assessments this year, even though the Town of Westbrook mil rate has gone up.  All in favor, motion passed.

Mark Apter would like to commemorate what would have been his parents’ 100th birthday by purchasing 2 benches for the public areas by tennis court and playground. The assn. will pay to have these professionally installed on cement pads. 

Rules Committee: John Abella reported that an Assn member who had been renting their cottage short term, in violation of the by laws, was sent a certified letter, acknowledged it and spoke with the rules committee to clarify that rentals must be 30 days/one month or longer.  The Assn member understands the rules and said they would not rent for less than a month any longer.

The Pizza Party is set for Friday, June 26, 2015.

Directory: Steve Mason is updating the directory.

By-laws: Sharon Bender, Laura Petchler and George Dallas have received a small number of suggestions for edits to the by laws. Please send your suggestions in now.

Security: Fred starts next Friday, June 26, 2015.
He has a stand in for 3 weekends and is training him now.

Water’s Edge spotlight update: Tina Datillo was unaware of a problem with the spotlight shining down our beach and will look into it.

Lyman right of way:  Costs include             $16,200 labor
                                                                          3,300 engineering oversite
                                                                           3000  legal fees      
                                                                      $22,500
                                                                         -8,000  from Lou Brown                                                                                                                        $14,000  funds needed                      

A motion was made to include all associated fees in this project and take the full amount to the Association . Motion by Jerry Skolnick , 2nd by Connie Tosto.
8 in favor, 3 against, motion passed.

Jerry Skolnick noted that releases proposed to date list Ron Lyman as the owner when in fact the home is in a trust; need documents reviewed and corrected.

Motion to adjourn made by Merle Katzman, 2nd by Mark Miller, all in favor. Meeting adjourned at 10:30 am.

Submitted by Sharon Bender, secretary

Wednesday, June 3, 2015

Stannard Beach Assn Notice of General Mtg 6.28.2015

THE STANNARD BEACH ASSOCIATION
WESTBROOK, CONNECTICUT 06498

June 3, 2015

NOTICE OF OUR GENERAL MEETING


SUNDAY JUNE 28, 2015

9:00 AM

in the JOAN CONNELL COMMUNITY HOUSE

COFFEE and....will be served from 8:30 prior to the meeting




Respectfully submitted,
      Sharon Bender
    

   Please contact me with any email address or contact
   information updates regarding meeting notices.