TAMPOA Board Minutes of December 4, 2006

For those interested, here are the minutes of the TAMPOA Board meeting of December 4, 2006 that were approved at the Board's January 8, 2007 meeting:

THE TRUMAN ANNEX MASTER PROPERTY OWNERS’ ASSOCIATION, INC.
BOARD OF DIRECTORS MEETING
201 Front Street, Suite 103, Key West, FL
December 4, 2006
APPROVED January 8, 2007

1. CALL TO ORDER

President Tom Tukey called the Board of Directors meeting to order at 4:05 PM.

2. DETERMINATION OF QUORUM

President Tom Tukey, Treasurer Harold Berry, Secretary Paula Ryals and Director Phil Wilson were present. Vice President Jim Hall, Director Becky Baumann and Director Frank Serio were present via speakerphone. A quorum was present. Operations Director Sterling Christian was present on behalf of Management.

3. PROOF OF MEETING NOTICE

The Association’s Operations Director Sterling Christian provided proof of meeting notice by affidavit.

4. MINUTES OF THE PREVIOUS MEETING

Director Becky Baumann moved to approve the minutes of the prior Board of Directors meeting of October 2, 2006. Vice President Jim Hall seconded and the motion passed unanimously.

Director Phil Wilson moved to approve the minutes of the prior special Board of Directors meeting of October 23, 2006. Treasurer Harold Berry seconded and the motion passed unanimously.

Treasurer Harold Berry moved to approve the minutes of the prior executive session Board of Directors meeting of November 13, 2006. Director Phil Wilson seconded and the motion passed unanimously.

5. REPORTS OF OFFICERS

President’s Report:

President Tom Tukey reviewed the various procedural matters surrounding the litigation with the City of Key West. Tom indicated that he would be discussing various matters including:

· A summary of settlement efforts made by Commissioner Bill Verge

· Schedule for TAMPOA to meet with Navy representatives

· Town meeting with Commissioner Bill Verge scheduled for December 13

· Discussions with Bahama Village Consortium with reference to common ground

· Requests to Attorney David Rogel in reference to special assessments

· Review of title insurance options

· Polling the membership on various matters surrounding the litigation

· Efforts to move litigation to Federal court

· Court procedures including the taking of depositions

Tom indicated that he was working with Commissioner Verge to arrange a meeting with the new City Attorney and our counsel in reference to possibly reaching an acceptable settlement arrangement that Commissioner Verge could then present to the other City Commissioners in an effort to ultimately resolve the matter.

President Tom Tukey indicated that Commissioner Verge has scheduled a town meeting to be held at the ferry terminal at the Historic Seaport on Wednesday, December 13 at 7:00 PM.

Treasurer Harold Berry moved to notify the TAMPOA general membership of the Wednesday, December 13, 2006 town meeting at the ferry terminal at the Historic Seaport with Commissioner Verge at 7:00 PM. Secretary Paula Ryals seconded and the motion passed unanimously.

President Tom Tukey noted that Commissioner Verge had proposed a traffic plan which converts many of the Bahama Village streets to one way and opens up approximately 100 parking spaces in the community. Commissioner Verge has said that the Bahama Village Consortium supports his plan.

President Tom Tukey indicated that Peggy Rolando of the law firm Shutts & Bowen LLP had provided a title opinion that TAMPOA owns all the streets in the Truman Annex. Tom also indicated that counsel has suggested purchasing a title insurance policy. Tom noted that the suggestion was made to ask that a written proposal be submitted to TAMPOA detailing the specifics of the purchase of the title policy. Treasurer Harold Berry moved to ask the law firm of Shutts & Bowen LLP to provide a commitment proposal for the maximum amount of coverage available. Director Phil Wilson seconded and the motion passed unanimously.

President Tom Tukey indicated that the general goals of the Board of Directors have always been the protection of property values and rights, the upholding of a contract, reasonable access by the public to the projected waterfront park and security for our residents.

President Tom Tukey reviewed the suggestion that Attorney David Rogel be asked if there were any specific requirements for the Board approving special assessments to fund the litigation with the City of Key West. Secretary Paula Ryals moved to request a legal opinion from Attorney David Rogel in reference to what actions were necessary for the approval of special assessments to fund litigation matters. Treasurer Harold Berry seconded and the motion passed unanimously.

President Tom Tukey reviewed whether it may be appropriate to send a straw poll to the general membership in reference to the various matters surrounding the litigation with the City. Tom indicated that such a poll could be included in the second notice of the annual meeting.

President Tom Tukey suggested that the Board of Directors approve of meeting with the Bahama Village Consortium in an effort to determine if the two organizations share common ground in the efforts to maintain the Truman waterfront property as a community park. Treasurer Harold Berry moved to approve of meeting with the Bahama Village Consortium in an effort to reach common ground to support the development of the Truman waterfront property as a park. Secretary Paula Ryals seconded and the motion passed unanimously.

Treasurer’s Report:

The Board of Directors agreed to delay discussion of the Association’s finances until all other items on the agenda had been discussed.

6. REPORTS OF COMMITTEES

Operations Director Sterling Christian indicated that the owners of Building 21 had asked for approval to install an emergency generator. Sterling explained that the Board’s policy on such approvals required the Board of Director’s review for multi unit buildings. Sterling explained that the emergency generator that the owners of Building 21 had requested approval to install was for a 45 kW generator. Sterling noted that the Board’s existing approval for such installations was limited to 35 kW generators that did not exceed a 75-db rating. Sterling indicated that the larger generator complied with the approved noise level rating. Treasurer Harold Berry moved to approve of the installation as an exception for the 45 kW generator. Vice President Jim Hall seconded and the motion passed unanimously.

7. UNFINISHED BUSINESS

The Board of Directors unanimously agreed to defer discussion on ancillary financial matters until all other items on the agenda had been discussed.

8. NEW BUSINESS

The Board of Directors agreed to invite the members of the Shipyard Board of Directors and their guests to the TAMPOA social.

The Board of Directors reviewed the menu options for the annual social.

Operations Director Sterling Christian asked the Board to clarify security procedures for operation of the guardhouse. Sterling asked the Board’s preference as to continuing to wave individuals through the gate during the daytime, inquire as to an unidentified vehicle’s destination at night and to continue the weekday daytime shift at the gate. The Board of Directors unanimously agreed to continue all three procedures until further notice.

Treasurer Harold Berry reviewed the Association’s November 30, 2006 year to date financial statements. Harold reviewed Operations Director Sterling Christian’s report to the Board which detailed that:

· An additional $16,600 of unbudgeted general revenue was generated from Rental Registration Fees.

· Maintenance – Walls, Fences & Signs includes repainting all metal fences, gates and masonry walls.

· Maintenance – Miscellaneous includes the installation of cameras at the guard house.

· Landscaping – Plantings, Sod Replacement, and Mulch include all the new landscaping.

· The initial special assessment for landscaping and legal fees was for three payments of $200 (7/06, 10/06, 1/07).

· The remaining initial $200 special assessment that is payable in January will cover the current legal invoice.

· The additional special assessment for legal fees was for one payment of $200 (1/07) and two payments of $400 (4/07, 7/07).

· The additional $200 special assessment that is payable in January should cover any other legal fees in 2006.

· The additional $400 special assessments that are payable in April and June replace the reserve funds transferred in 2006.

· The $250,000 legal fees line item in the proposed 2007 budget should cover any legal fees in 2007.

The Board of Directors approved the November 30, 2006 year to date financial statement and the year to date reserve expenditures.

The Board of Directors reviewed the proposed 2007 budget. Treasurer Harold Berry moved to approve the proposed 2007 budget. Secretary Paula Ryals seconded and the motion passed unanimously.

9. ASSOCIATION MEMBER INPUT

Those Association members present discussed their views on various matters and they offered their comments and suggestions.

David Lybrand requested that the Southard Court pool assessment be assessed on a quarterly basis versus the entire amount being billed at the beginning of the year. The Board of Directors approved of billing the assessment on a quarterly basis.

10. ADJOURNMENT

There being no further business to conduct at this time, a motion to adjourn the meeting was made by Treasurer Harold Berry and seconded by Director Phil Wilson. The motion passed unanimously and the meeting was adjourned at 6:00 PM.

Respectfully Submitted,

Paula Ryals

Secretary, TAMPOA