Blakely Island Maintenance Commission, Inc.

Minutes of June 17, 2010 BIMC Board Meeting

A meeting of the Board of Governors of the Blakely Island Maintenance Commission was held on June 17th at Dick and Kerry Demers’ Blakely residence and also by teleconferencing.

Participants:
Board members present on Blakely:
Sally Elliman President, 
Barbara Sullivan Vice-President, Property Commissioner, Roads
Jim Fergus Treasurer
Dick Demers Secretary
Board members present on conference call:
Scott Burkhart Water
Bob Breidenthal Fire & Waste 
Absent:
Gail Light BCF Liason
Guests:
Present on Blakely:
Jim Davis Facilities Manager
Ed O'Neill
Mary O'Neill
Joan Fergus
Phyllis Chennault
Pam Roats
Brian Kincaid Facility Managers Contract Committee, Community Representative
Pam Kincaid
Mary Ellen Hogle
On conference call:
Glen Tompkins
Ned McCall
Paul Ellis
John Davidson
Doug Davidson
Mark Owings
Chris Owings
Pam Georgeson
Ted Georgeson
Cheryl Burkhart BIMC Bookkeeper

At 7:40 p.m. Sally called the meeting to order.  A motion to adopt the agenda was called for.  Barbara moved to adopt the agenda and it was seconded.  During discussion, Dick made a motion for an amendment to provide for the executive session to follow the Community sharing part of the meeting.  After discussion the amendment was voted on and passed unanimously.  The motion to adopt the agenda was voted on and passed unanimously

Sally called for a motion to approve the Minutes of the May 6th 2010 meeting.  Bob moved to approve the minutes.  The motion was seconded and passed unanimously.

Sally welcomed the BCF members who were attending the meeting:  Glen Tompkins, John Davidson, Ned McCall, and Paul Ellis.

President’s Report (Sally Elliman) Sally read aloud the letter from BIMC’s attorney, Milt Reimers.  This letter was distributed earlier to the membership

June 10, 2010

Dear BIMC Board of Governors and BIMC Community Members,

The following lawsuit update was sent from Milton A. Reimers, Attorney for Schwabe, Williamson & Wyatt:

The Roatses' lawsuit against the BIMC took another step forward this past Friday, June 4, 2010. Both parties to the lawsuit filed cross-motions for summary judgment asking Judge Donald Eaton to issue an order in their favor. After considering the briefs that both parties filed and the oral arguments that were conducted this past Friday, Judge Eaton ruled as follows: (i) the Association has acted properly and within its scope of authority in its marina related decisions (including leasing the marina and creating the BCF), and the Roatses' second claim alleging otherwise is dismissed; and (ii) the Board of Governors has previously failed to provide proper notice to the membership for some of the Board meetings and the Roatses' fifth claim alleging meeting violations is decided in the Roatses' favor. However, Judge Eaton noted that this procedural error may be inconsequential because the Board has cured the issue and provided the membership with proper notice since August 2009.

At this point, four of the Roatses' claims and their motion for class certification have been dismissed, either voluntarily or by order of the Court. The only remaining issue to be determined is the final remedy for any notice defects and any final award of attorney fees and costs. The Board will continue to keep you updated as the lawsuit unfolds.

Please contact a BIMC Board Member, if any community member has questions.

Sincerely,
Sally Elliman, BIMC President

Secretary’s Report (Dick Demers)

Dick had nothing new to report

Treasurer’s Report (Jim Fergus)

Jim announced that there was $75,344 in the BIMC checking account, and $86,739 in the Maintenance Reserve account.  As of the end of the fiscal year (May 31) the previous year’s expenditures were within our projected budget and a small amount will carry over into the next year.  The proposed budget for the next year has been distributed to the membership.  On or before September 1st  the road notes will be redeemed, and Jim thanked the members who provided the funding that allowed the road project to be completed in one session.

Water (Scott Burkhart)

Scott said that one CCC device remains to be installed, and if compliance with our policy is not carried out, the homeowner faces the turning off of domestic water.

Property Commissioner (Barbara Sullivan)

Barbara said that there was nothing new since her written report.

Fire and Waste (Bob Breidenthal)

Bob noted that there was nothing new since the written report that was sent out earlier.

BCF Liaison (Gail Light)

Absent

Facilities Manager (Jim Davis)

Jim reported that the motor for the trash compactor at the marina arrived and that he will be installing it shortly.

NEW BUSINESS

  1.  Glen Tompkins discussed and answered questions about the BCF Budget Report that appeared in the Annual Meeting packet.  This budget displays the May 23, 2009-May 24th, 2010 period.  There was considerable discussion concerning the efforts to minimize the fuel loss (in this case 1,000 gallons), and the BCF is considering several remedies. After Glen completed his overview, Sally requested that Glen interpret the budget to reflect a distinction of capital and operational expenses.  Glen said that the fuel system repair in 2009-2010 was a capital expenditure and the rest of the expenditures would be operating expenses.  After completion of the discussion of the 2009-2010 budget, Glen gave an overview of the projected 2010-2011 budget.  Members of the Board asked numerous questions for clarification and these were answered by the BCF members.  The issue of a business plan was brought up, and the BCF offered to provide such a plan. 

   Sally asked for comments and questions from the guests about the BCF.  Pam Roats stated that the letter that accompanied the BCF budget claimed that both the BCF and the Blakely Store made a profit.  The actual budget for the BCF shows a 10, 000 dollar loss, and if the $25,000 is approved for the coming year, this will be a $25,000 loss.  And since no information on the financial state of the Blakely Store has been provided, how can one state that a profit has been made? 

 

  1.  Update on Facilities Manager’s Contract Committee.  Barbara reported that a survey was being prepared and would be sent out to the membership for their comments.  Scott reported that an offer had been sent out on June 4th, and the discussions were underway.  Sally then opened up questioning to non-Board members.  Pam Georgeson asked where opinions concerning the Facilities Manager contract should be sent.  Brian Kinkade is collecting comments from the community, and members are asked to send their comments to him.
  2. A question concerning the “painting” of the recycle center from a member was brought up by Barbara Sullivan.  The member worried that painting the center might be unsightly.  Jim Davis stated that the “paint” to be used was actually a clear sealant, and the cedar exterior would keep its same appearance.

OLD BUSINESS

           The next meeting times and locations are:

            Board Meeting, July 1, 2010, at the Facility Managers’ home at 7:30 p.m.                      

            Annual Meeting, July 3, 2010 at the Enriquez hanger at 9:00 a.m.

            Board Meeting, July 3, 2010 at the Enriquez hanger immediately following the

            annual meeting.

 

COMMUNITY SHARING

Ed O’Neill asked about the times when the store was open.  He felt that it seemed to be closed much of the time, and that more business would be generated if the store were open more. He thought that hours should be posted so that people would know when the store was open.  Glen responded that the store was scheduled to be open Friday, Saturday, and Sunday prior to the 4th of July weekend.  Steve would, however, respond to anyone who needed anything at the store if one summoned him.  Glen said that he would talk to Steve about posting hours, but that generally the store is not officially open Monday through Thursday.

Pam Roats stated that two months ago members were informed that non-Board members could not speak during Board meetings, and she has not been able to determine from past records why that is the case.  Pam also noted that tonight’s Board meeting did allow guests to offer opinions during certain parts of the meeting.  Sally explained that it is common Board practice to restrict discussion to Board members only so that meetings can be carried out efficiently.  The president can open up the floor at certain points for outside opinions, as was done tonight.   Pam stated that future Board meetings should have times during which non-Board members can be permitted to make comments, with specific time limits.

The meeting was laid down at 8:55 p.m. and went into executive session at 9:15 p.m.

At 10:22 the executive session ended.

Barbara Sullivan moved to adjourn the meeting, and the motion was seconded and passed unanimously.  The meeting ended at 10:26 p.m.

 

Respectfully submitted,

Dick Demers,

BIMC Secretary