CAROLINA SHORES PROPERTY OWNERS ASSOCIATION
BOARD OF DIRECTORS MEETING
MONDAY, DECEMBER 15, 2008

MINUTES OF THE MEETING

Board Members Present: Al Franklin (presiding), Joyce Dunn, Dave Jones, Sally Nolan, Linda Pennington, Connie Six
Board Members Absent: Mike Mundy
Guests Present: Pete Gulliver, ACC Chair


REPORT FROM THE TOWN


Town Liaison Tom Puls was not present.

APPROVAL OF THE MINUTES


Connie Six moved that the minutes of the November 2008 Board meeting be approved as written. Dave Jones seconded the motion and it passed unanimously.

OLD BUSINESS

Tree Removal Policy. ACC Chair Pete Gulliver asked that the Board give final approval to the wording of the ACC guideline on tree removal dated December 2008. Joyce Dunn moved that the Board pass the following resolution:

Resolved that effective January 1, 2009 the Tree Removal Preservation Regulations adopted by the CSPOA Board on December 15, 2008 shall govern the removal of all healthy trees over 6" in diameter at breast high level (4.5 feet).

Linda Pennington seconded the motion and the resolution passed unanimously.

Preservation of the Carolina Shores Golf Course. Attorneys Ward and Smith have informed the CSPOA that it would cost approximately $1,500 for them to prepare the documents required to amend the CSPOA Articles of Incorporation and ballot for a vote of the property owners on the proposed changes to the Articles and to the Deed of Restrictions. (The language for amendment of the Deed of Restrictions has already been prepared.) There would be an additional cost of approximately $1,000 to have the attorneys present the proposed changes to CSPOA members at a community meeting. Board members discussed whether to put the matter on hold or to move forward with preparing the documents and presenting them to the property owners for a vote (to determine the will of the community about CSPOA involvement with the golf course should the need arise in the future in order to ensure its preservation as a golf course). Joyce Dunn moved and Sally Nolan seconded a motion that:

1. The Board authorize the attorneys to continue preparation of the required legal documents.
2. The Board arrange a future date (mid to late February) for the attorneys to come to Carolina Shores and explain the entire process to the property owners at a community meeting
3. Immediately following the meeting, the Board mail the proposed amendments and ballot to the property owners for a vote.

Al Franklin noted that the attorneys will need to prepare a cover letter for the mailing that clearly explains what we are doing and that even if these amendments are approved a second vote would have to be held before any future Board could assess the membership for the money needed to buy the golf course.

The motion passed with five "yea" votes and Al Franklin abstaining.

"Meet the Candidates." Al Franklin noted that he would be unable to participate in the January 4 "Meet the Candidates" event at the POA because of his work schedule. Board members agreed to change the time of the event from 3pm to 7pm on January 4 so that Al could be present.

Repair of the Fence on Rt. 179. Al Franklin reported that he has bids coming in from two companies and will bring them to the February Board meeting for a decision.

Landscaping Maintenance Contract. Sally Nolan reported that both Verity and Coffey Grounds had agreed to the modifications to their proposals requested by the Board in order to make the two bids equal in scope. Verity's bid is the lowest. Joyce Dunn moved that Sally check Verity's references and get an updated version of their proposal (containing all of the agreed changes, including the right of either party to terminate the contract without cause with 30 days notice) and that if the references are good Sally be authorized to sign a one-year contract with them to commence February 1, 2009. Linda Pennington seconded the motion and it passed unanimously. Sally also will take care of officially notifying Coffey Grounds of the change.

NEW BUSINESS

Reflecting Email Votes in Board Minutes. Al Franklin requested that when the Board conducts a discussion and vote on an issue by email (between Board meetings) it be included as part of the minutes of the next regular meeting of the Board. Board members agreed that this should be done and noted the following two decisions made by email during November/December:

  • A contract for painting the clubhouse entranceways has been approved and awarded to JMG.
  • The owner of 7 Court 7 has been given until January 30, 2009 to install a privacy fence alongside the house as required in the CSPOA Declaration of Restrictions.

Voting on Board Expenditures. All Franklin raised the question of whether the Board should vote on all significant expenditures. After discussion, the other Board members agreed that this is not required for expenditures that are included as line items in the approved annual budget.

Problems With The CSPOA Carpeting. Al Franklin reported that he has called the company that installed the carpeting in the clubhouse and they have agreed to come ASAP to examine and repair the problems with fraying and separation at the seams.

ACC Report
Al Franklin reported that the builder/owner of the home being constructed at 1 Topsail Court appears to have abandoned the house without completing it. His construction extension runs out at the end of January. This individual is not a licensed contractor but, under NC law, is allowed to be the contractor on his own home provided that he lives in the completed house for at least one year before selling it. Al suggested that the Board modify the guidelines to the Declaration of Restrictions to add that requirement. Board members told Al to have the ACC research whether a POA can make such a requirement and, if so, bring draft language for further consideration.

Joyce Dunn brought up the issues and questions concerning setback requirements and ACC guidelines that the Board had referred to attorney Mark Nappier for legal advice. She noted that Mr. Nappier's recommendations had been shared with all Board members and she moved that the Board accept the recommendations and move with all due haste on a comprehensive Board review of all ACC guidelines currently in use. Dave Jones seconded the motion and it passed by a vote of 5 "Yeas." Al Franklin voted "Nay."

Maintenance of Swales. Al Franklin reported that the POA's attorney, Mark Nappier, is unable to represent the CSPOA on this issue in its dealings with the Town because he previously did legal work for the Town and they require that he not represent other entities in dealings with them. The Town attorney has written a letter to that effect to Mark Nappier. Mr. Nappier will identify another attorney who can handle this matter and will give that information to the CSPOA Board ASAP.

Insurance. Dave Jones reported that we have received the CSPOA's 2009 insurance policy and he has given it to the office staff to make a copy for our files.

There being no further business the meeting was adjourned.