A meeting of the Board of Directors of the Williamsburg Settlement Maintenance Association, Inc. was held on Tuesday, February 21, 2012 at 5:30 p.m. at the Williamsburg Settlement clubhouse, 1602 Hoyt, Katy, Texas 77449.
ATTENDANCE
Board Members present were Floyd Ball, Dave Ellis, Walter Smith, Don McClelland, Martin Spears and Cyndy Thompson. Also in attendance were Dolores Sue representing Planned Community Management, Inc. (PCMI) and Officer Paul Wilburn.
With a quorum being established, the meeting was called to order at 5:30 p.m.
MINUTES
The Board reviewed the minutes of the January 17, 2012 meeting. A motion to accept the minutes with one minor correction was made by Walter Smith seconded by Dave Ellis and unanimously approved.
HOMEOWNER CONCERNS
There were three (3) homeowner present for the Customer Concerns portion of the meeting. A resident asked the proper procedure for addressing the problem of a dog getting over a fence and into her yard. The Board asked if this resident has talked to their neighbor and the resident confirmed that this has been done on a number of occasions. The Board explained that it has no statutory authority in these matters and the only recourse available is to call Harris County Animal Control to pick up the loose dog if the situation cannot be amicably resolved with the neighbor.
PATROL SERVICE REPORT
Martin Spears presented the patrol service report. At this point Officer Wilburn was thanked for attending the meeting and subsequently left.
FINANCIAL AND DELINQUENCY SUMMARY
Dave Ellis presented the financials. As of January 31, 2012 the money in the bank totaled $668,421.88. This includes checking, savings accounts and CD’s and is the money to cover both operating expenses and the necessary reserve to fund maintenance and replacement of the Association’s capital assets.
Delinquency for the month ending January 31, 2012 totaled $155,902.30.
OLD BUSINESS
Pump Room Door Replacement - Martin Spears reported that this task is still in work.
Close Out Report on Sealing of Granite and Tile Joints - Martin reported that the granite counters and the tile joints in both restrooms have now been sealed thus completing the restroom renovation project.
Update Perimeter Fence Repair Project - The last perimeter fence repair session that was scheduled for February18, 2012 was postponed due to rain and has been rescheduled for March 24, 2012 pending good weather. Floyd Ball reported that he has completed the survey of residents with gates on the perimeter fence facing Berkley Park. Seven (7) out of ten (10) residents will allow the gates to be removed and fencing installed. The Board will continue the practice of providing lunch for the residents volunteering for the fence repair in appreciation of their support on this project.
Status on Ladies Tennis League - Dave Ellis reported that the agreement with the ladies tennis leagues that use the Association courts has been signed. The league that no longer has a Settlement resident has relocated to other facilities and the keys have been returned to the Association. The agreement is now posted on the web site and has been sent to the Association attorney for filing at the court house. There is one league that did not sign the agreement as it will not be using the courts after the end of the Spring session.
Karen Mace was at the meeting and informed the Board that she has purchased the two new rollers and a new trash can for the ladies restroom that were approved at the January meeting. She presented her receipts for the Association’s reimbursement of the cost for these items.
Report on December 28, 2011 Electrical Problem and Resulting Fire - Dave Ellis reported that CenterPoint Energy has denied the Association‘s claim. It’s rational for doing so is that the line did not directly contact our tennis court fence. Apparently, when the line fell it contacted metal piping that was stored by the homeowner on the utility easement. The connection to our metal tennis court fence was via an arc through the wooden fence. It argues that as the utility easement should have been clear of “obstructions and material” CenterPoint cannot be held liable for the damage. Dave Ellis will continue to pursue this issue.
NEW BUSINESS
Pool Tag Distribution - As in previous years, distribution of pool tags for the 2012 season will be held concurrent with swim team registration. This will be on April 1, 2012 (1:00 pm - 4:00 pm) and April 7, 2012 (10:00 am - 2:00 pm)
Annual Meeting - The Board discussed the contents of the annual meeting notice mail-out. As in the past, the pool tag registration notice and annual meeting notice will be mailed in the same package. Due to the early swim team registration dates this package will have to be mailed out a lot earlier than usual. The Board invited anyone in attendance at the meeting to submit their name as a candidate for election to one of the two director vacancies that will become available in April. Dave Ellis and Walter Smith, whose terms will be expiring, offered their names for re-election. None of the homeowners present at the meeting expressed interest in running for a director position. Any owners interested in being a candidate for a director position on the Board and having their name placed on the official ballot should contact Dolores Sue with PCMI before or by the end of the WSMA Board Meeting scheduled at the clubhouse on March 20, 2012. There will also be an opportunity to nominate a candidate from the floor the night of the meeting.
There was a motion from Walter Smith to accept the annual meeting notice, proxy and official ballot as written, seconded by Cyndy Thompson and unanimously passed. The official notice should be mailed out no later than March 23, 2012.
Plant Replacement on Cul-de-sacs - There has been a request that the Board replace on the cul-de-sac islands some plants that have died during the drought. The Board unanimously agreed that Larry Crain can proceed with replacing plants up to the cost available within the currently approved budget. Should additional cost be required, Larry Crain should submit a proposal to the Board for approval of additional funds.
Tree Trimming - Dave Ellis reported that the forty-six (46) trees bordering the perimeter fence along Colonial Parkway from Carters Grove to Christopher Wren, which belong to the Association, are in need of trimming. The Board has obtained two (2) proposals for this work. Garcia Professional Tree Service proposal was for $1,740.00 and Texas Lawn Care bid $3,555.00. A motion to accept the proposal from Garcia Professional Tree Service in the amount of $1,740.00 was made by Dave Ellis, seconded by Walter Smith and unanimously approved.
Draft 2011 Audit Report - Dave Ellis presented the draft 2011 audit report prepared by Kenneth Johse, CPA. Dave has been in discussion with Kenneth on some issues and is now satisfied that the current draft accurately represents the state of the Associations finances as of December 31, 2011. Walt Smith made a motion to accept the audit report as presented. This was seconded by Dave Ellis and unanimously approved.
Electrical Invoices - Dave Ellis reported to the Board that he has been working with Mike Harrington, Vice President of American Enerpower, on trying to recoup the Miscellaneous Gross Receipts tax that has been charged on the electricity supplied to our street lights ever since we changed from Reliant. The problem is that CenterPoint categorized all street lights as being in zip code 77002 which is downtown and therefore triggered this tax. CenterPoint has now conceded the issue and corrected the zip codes for these lights. Dave has therefore been able to recoup this tax that was paid to Glacial Energy over the past year, and our current supplier, Brilliant Energy, will be refunding the Association those amounts paid on these taxes since they took over as our electricity supplier last November..
ADJOURNMENT TO EXECUTIVE SESSION
At 6:35 p.m. the Board adjourned to executive session to discuss Delinquencies, Deed restriction and contract matters. The Board thanked the residents for coming to the open session
ADJOURNMENT OF EXECUTIVE SESSION
At this time the Board reconvened to open session to inform residents of decisions made during executive session. There were no homeowners present.
DECISIONS MADE DURING EXECUTIVE SESSION
Delinquencies - The Board officially wrote off small amounts of interest accrued on fourteen accounts. This was unanimously approved as the checks were received just a few days late and these homeowners had paid the amount invoiced in full and had no previous delinquencies.
The Board officially wrote of $17.54 on one account which had a change in ownership and it was agreed that the prospects of collecting this amount were exceedingly low and did not justify the effort that it would take to pursue its collection.
It was also officially decided that all accounts which have not already been turned over to the Attorney for collection or which have not entered into an approved payment plan and on which the amount owing is $100.00 or more as of about March 1, 2012, will be mailed the certified demand letter the cost of which will be billed to the owner’s account. Anyone owing $99.00 or less will be sent reminder notices. The Board reserves all rights to send certified demand Letters as may be needed throughout the year without regard to the criteria as listed above.
Deed Restriction Violations - The Board instructed PCMI to turn over one residence to the attorney if the violations are still evident at the March inspections.
The Board reviewed a letter from a resident requesting the Association take action on weeds in lawns and lawns in general. The Board instructed PCMI to respond to the complainant that during the drought the Board did allow some leniency on lawn care. The Board sends one notice, a reminder and then a final demand letter with the Texas Property 209 language. Pursuant to the Texas Law if the violation is not cured within the thirty days (30) the Board can and sometimes does turn them over to the Association attorney for legal action.
With no further business the meeting was adjourned at 7:05 p.m. The next meeting will be March 20, 2012.
