Treasure Coast Airpark Property Owners Association, Inc.

Board of Directors                                                                  12301 Range Line Road

Randy Opat, President                                                          Port Saint Lucie, Florida 34987

Geoff Kenworthy, Vice President                                 

Vince Brocklebank, Treasurer                                               On Line Information:

Monica Elliott, Secretary                                                          www.treasurecoastairpark.org

Ken Waters

Minutes of Annual Meeting                                  February 14, 2004

Introduction:

President Opat called the meeting to order at 9:10am, and introduced the Board members present, along with the Associations counsel: Mr. Vince Brocklebank, Mrs. Monica Elliott, Attorney Jane Cornett, and Mr. Randy Opat.  Mr. Kenworthy and Mr. Waters were absent.

Randy noted we had achieved the quorum as required by our By-Laws with actual attendance and proxies.  He thanked all members for attending. He advised those present that our dues are the lowest of any Aviation community in the area at $300/year, compared to Aero Acres, Naked Lady and Tailwinds.

He announced that the Board had remained under budget with all dues collected, all bills paid, and that funds still remained in the account at years end.

Minutes of February 8, 2003 Meeting:

Motion by Monica to accept as written, as no discrepancies had been reported.

Second by Bernie Kerr.  Approved by affirmation.

Treasurers Report:

Vince reviewed the actual budget figures of 2003, showing income of $47,715  with expenses at $37,772, with $9943 remaining in the account on 12/31/03. Several owners questioned why the legal fees reimbursed were listed in the income section. Vince explained the accounting program that we use lists any monies deposited to show as income.

Motion by Monica to accept the Treasurer report, second by John Pereira.

Approved by affirmation.

Old Business:

Randy introduced Jane Cornett, legal counsel to the Association to answer the   questions submitted by owners to the Board, and clarify the issues encountered in the past year.

Ms. Cornett stated she has practiced law for over 23 years, and that her firm of Cornett, Googe, and Associates, P. A. represents over 200 homeowners and condominium associations, including several aviation associations.

She was present, at the request of the Board, to dispel urban myths, answer questions and explain the rights and responsibilities of homeowners and Board members in an Association. 

She addressed the three documents that are an integral part of a homeowners association: the Articles of Incorporation, the By-Laws, and the Deed Restrictions.  Her answers to questions submitted are as follows:

Answers Questions on: Deed Restrictions & FL Statute #720

She stated that a homeowners association operates under the Florida Statute #720, as a corporation.  A Board of Directors is elected by the membership, and the Board has a legal responsibility and ability to enforce the Associations Deed Restrictions and By-Laws. She explained that the developer created the Deed Restrictions, and are very brief as compared to other Associations.  She noted that the Deed Restrictions are a part of ownership at lot purchase, and are in fact the bible of the rules of the Airpark, which cannot be disregarded or separated from lot ownership.  She stated that changes to the Deed Restrictions could only be made by a 2/3 written agreement by all owners.  She added that all owners are bound by the Deed Restrictions, which are legally enforceable through the courts. 

Answers Questions on: Articles of Incorporation

The Articles of Incorporation are sent to the Secretary of State of Florida to create the corporation.  Formerly, the Airpark was known as Saint Lucie County Airpark, but the name was changed to Treasure Coast Airpark by the developer.

Answers Questions on: By-Laws

The By-Laws of the Association is a document that states the organizational structure of the corporation and duties of its officers.  She explained that our original By-Laws were not appropriate, as they were for a for-profit entity, and

the filing with the state of Florida showed we are not-for-profit.  It was necessary to change them to a not-for-profit status to comply with the Florida Statute #720, and to record them as such, which was required by Florida law in 1992. The old By-Laws permitted for a majority vote of the Directors to change them.  Her associate, Elizabeth Bonan assisted the former board with the change, and the new By-Laws were recorded in January of 2003.

Answers Questions on: Responsibilities of the Board Members

 She stated the directors of the Association have a fiduciary duty to act in the best interests of a majority of all owners.  The failure to have elected officials act in accordance with the law can result in removal, by way of a recall or

appointment of a management company, or a court appointed receiver.

The latter two are costly, but may alleviate partiality, as Directors must act in behalf of the corporation and in accordance with the law.

Answers Questions on: Directors and Officers Liability Insurance

She noted that directors and officers can be sued for their actions, and thus most individuals will not serve in a voluntary capacity without this insurance.  The Association has an obligation to indemnify them, and thus, a policy is the only safeguard.

Answers Questions on: Recall of Board Members

She explained that as legal counsel to the Association, it would be her duty

to the Association to ensure that the recall document complied with the Florida Statute #617.

And she very clearly stated: Florida law does not permit a secret recall.

The individual who claimed to have a document was invited to their office to present the document, however, the party declined. Therefore, without a document, there was no recall.

Answers Questions on: Commercial Operations and Dump Trucks

She stated it is the homeowners responsibility to comply with the Deed Restrictions. As such, commercial operations of any type are not permitted in the Airpark.   Dump trucks operating from an individual property are considered a commercial enterprise, and are not allowed.  The Associations officers and owners must comply with the Deed Restrictions and both have the right to enforce the compliance, and the Board has the authority to levy fines for a failure to comply with such. She noted the compliance is only as good as the neighbor.

Answers Questions on: Stalking, Threatening, Video Taping

Any individual that feels threatened by anyone should call the Saint Lucie County sheriffs department, and file a report.

Answers Questions on: Payment for Services

She replied to an owner that she does not work for free, and that she is being paid by the Association to attend the meeting.

Answers Questions on: Special Assessment for Capital Improvements

A capital improvement amounting to over $500 per owner in a special assessment fee would require a vote of the membership. This could be for road repair, runway paving, or any major expenditure.

Answers Questions on: Annexation to the city of Port of Saint Lucie

She does not advise annexation to the city, as she does not believe they would be serving us in our best interests.  She suggests monitoring the current land use and designation of adjacent property and to call or write to the county commissioners to advise them not to allow the city to continue their annexation.

She stated a majority of property owners in our community must vote in favor of annexation in order for it to occur.

Answers Questions on: Airspace Protection

She advises contacting the FAA to maintain a safe buffer for our airspace. With the city of PSL rapidly expanding, and development approaching, we must remain aware of a possible encroachment into our airspace.

Offers Services of Cornett, Googe, and Associates

The firm offers to monitor the current events in our area on a complimentary basis.  They will advise and represent the Associations interests in areas affecting the community.  The Board of Directors need contact the firm for this service, as the firm monitors the public notices on a daily basis.

No additional questions were asked of Ms. Cornett.

Property Status Report:

Vince reported to all the accomplishments of the Board this past year:

1.      The Association operated within the budget, ending with a surplus.

2.      A mowing contract was secured at a cost savings over the past contract, at a lower cost per mow. Three companies had submitted bids.

3.      A VASI was professionally installed by an electrical contractor and is operating.

4.      All lights, including 2 that were buried, and 2 others that were damaged had been repaired.  The windsock bulb was replaced and operating.

5.      The old rusty transformer for the radio had been replaced enabling the

lights to function properly.

6.      A new antenna was installed and raised to a greater height for keying

on the lights.

7.      Many of the swales were cut back of the encroaching vegetation approaching the taxiways and runway.

8.      A contract was secured to help eliminate the destructive rooting of

the wild hogs. A total of 8 were killed, and volunteers restored the taxiways and runway.

9.      A contract for an ant and fertilizer company was secured.

10. A letter was sent to FP & L to advise that no additional overhead power lines be erected in the Airpark, as they present a safety hazard to aircraft. 

IF ANYONE OBSERVES overhead lines or poles being erected,

CONTACT A BOARD MEMBER IMMEDIATELY.

11. Secured and installed 2 Community Announcement Boards adjacent to

the bank of mailboxes to be used to post the FL DOT license (required),

Rules and Regulations, Board & Annual meetings, and our welcome sign with our website address.

12. Began clearing the culverts and swales to allow the water to flow naturally

out of the Airpark, as it once did.  Discovered a collapsed culvert under the

runway, and replaced the same.

13. Established a web site: saving the Association $$ in stationary and

mailings.

14. Secured a data base with all property owners addresses, postal & e-mail.

43 property owners are currently receiving information via e-mail.  The

e-mail addresses will not be shared among property owners by any Board member in possession of this information.

15. Secured a Directors & Officers liability policy to indemnify the officers

in their voluntary capacity, and eliminate a liability for all owners of the

shared common liability.

16. Successfully collected all unpaid past assessments for annual dues

that were delinquent.

17. Successfully defended the Association in 2 lawsuits, with the Association

recovering the legal fees expended.

18. Enacted Rules and Regulations to protect the safety of all concerned

owners and guests at the Airpark.  These are currently in the St. Lucie

County records division for recording.

New Business:

Road Repair Survey

Monica announced that additional surveys were available for completion,

and that all would be forwarded to the new board for action.

Nominations & Elections

Monica announced that 4 positions were open for a 2 year term, in accordance with the By-Laws, section 4.2.  The By-Laws stated that the election in 2003 was to seat 2 members obtaining the most votes for a 2 year term. Ken Waters obtained the most votes, thus enabling him to serve 2 years. The additional seat to be filled with a 2 year term, resulted in a tie between Randy and Monica.

As the tie was not settled, each were asked if they were willing to serve a second year.  Randy stated it was time for someone else to work, and Monica stated that the amount of time expended to do the job correctly was more than one could imagine, and she too felt, it was time for someone else to tackle the job.

The following persons were nominated to serve a 2 year term:

Louis Nelson                          by Rob Kermanj            second by Dick Herriford

Howard Ham                         by Bernie Kerr            second by Gary Gorowsky

Angela Clemson                     by Randy Opat            second by Vince Brocklebank

Nick Preble                            by Gary Gorowsky            second by  Bernie Kerr

No additional nominations were received. 

Bernie Kerr moved to close the nominations.  Second by Ernest Schetzel.

A motion by Rene St. Julian to elect those persons nominated by affirmation with no opposition was made. Second by John Boyce.

Closing:

Randy closed the meeting by recognizing the many talented individuals residing in the Airpark that had given unselfishly of their time and talents in the past year. 

Each was asked to stand to be recognized for their contributions:

BRUCE STALEY:            USED HIS TRACTOR TO LEVEL THE HOG UPROOTINGS

CAROL FORE:            VOLUNTEERED TO CONTACT OWNERS TO FIGHT

                                    THE POWER PLANT.

JOHN REID:              HOG ERADICATION: 1 DOWN !

TOM BENTON:            READY THE VASI PAD FOR INSTALLATION,

GENERAL MAINTENANCE,

                                    INSTALLATION OF CULVERT & SOD ALONG NAVION

CLAUDET BENTON:            NOTARY SERVICES, VEGETATION MONITORING,

                                    PUSHED FOR REPAIR OF ROAD SURFACE AT THE

                                    RAILROAD CROSSING AT GLADES CUT-OFF & 609

SKIP CONN:              THIS GUY DOES EVERYTHING!

                                    EDGING, WEED WACKING AROUND THE LIGHTING

                                    FIXTURES, ANT CONTROL & EDGING ON SKYMASTER

STREET & STOP SIGN CLEANING, DIGS OUT CULVERTS WITH BARE HANDS AND ON OCCASION USES A SHOVEL ! PAINTED THE CHEVRONS.

TONY TAGGART:            READY THE VASI PAD FOR INSTALLATION

ROB KERMANJ:            REMEMBER: NO POWER PLANT IN OUR NEIGHBORHOOD!  ORGANIZED THE BEST GROUP OF VOLUNTEERS TO FIGHT THE POWERPLANT! BUILT THE BEST PROFESSIONAL ACCOUNTING DATABASE FOR OUR AIRPARK. ORDERS SPARE PARTS & MONITORS THE BEST SOURCE FOR OUR DOLLAR.  HELPED SECURE THE VASI AND WORKED WITH TOM & TONY TO INSTALL THE PAD.  GENERAL MAINTENANCE. AN ALL AROUND VOLUNTEER WHOS WILLING TO HELP

AND CANT SAY NO!

GREG VARGA:            ROAD REPAIR OF OUR POT HOLES & GENERAL

                                    MAINTENANCE

PETER JOCK:            CLEARED THE CULVERT AREA IN FRONT OF LOT #92

                                    TO HAVE THE WATER DRAIN OUT DURING THE LAST

                                    RAINY SEASON

CHRISTINE JOCK:            PAINTED THE SOUTH ENTRANCE SIGN

VINCE BROCKLEBANK:            DESIGNED OUR WEB SITE BRINGING US INTO           

                                    THE NEW MILLENNIUM! SPENT COUNTLESS HOURS WITH THE ANT & FERTILIZER FOLKS MONITORING,

                                    INSTRUMENTAL IN SECURING A CONTRACTOR FOR

                                    CLEANING OUT OUR BLOCKED CULVERTS.  REMAINED

                                    CALM, COOL, AND COLLECTED AMONGST THE CONTROVERSY OF A RECALL!

BERNIE KERR:            VERY CONSCIOUS OF PRESERVING OUR AIRPARKS

ASSETS BY URGING FOLKS ON GOLF CARTS TO

USE THE SIDES OF THE TAXIWAYS TO AVOID

KILLING THE GRASS. HELPING TO MONITOR THE CLEARING OF THE BLOCKED CULVERTS, AND HAS

BEEN KNOWN TO DIG OUT SOME BY HAND.

HAS BUSH HOGGED THE SWALES IN THE DRY SEASON.

DICK HERRIFORD: HUNTING SEASON OPENED FOR HIM WHEN HE

                                    RETURNED FROM THE NORTH.  1 MORE DOWN!

                                    SMOOTHED OUT THE ROUGH SPOTS OF THE HOG

                                    ROOTINGS ON THE MAIN NORTH-SOUTH TAXI-WAY.

                                    NOW IN CONTROL OF THE HOG TRAP!

IRENE HERRIFORD: ORGANIZED A WONDERFUL FISH FRY AND INVITED

                                    THE NEIGHBORHOOD.   WHENS THE NEXT ONE?

GEOFF KENWORTHY: EXCELLENT WRITING SKILLS WERE USED TO

NOTIFY F P & L OF THE NATURE OF OUR AVIATION COMMUNITY AND NOTE THAT NO MORE POWER LINES WILL BE PERMITTED ABOVE GROUND.  MONITORED FOR A FULL 8 HOUR DAY THE VEGETATION CUTTING ON THE SOUTH SIDE PROPERTIES OF THE AIRPARK.

SECURED AN AIRPARK LIABILITY POLICY.

ART ELLIOTT:            HUNTING SEASON DURING THE EARLY MORNING:

                                    2 DOWNED!  MONITORED THE HOG TRAPS.

MONICA ELLIOTT:            A DATA BASE OF ALL THE PROPERTY OWNERS INCLUDING E-MAIL ADDRESSES AND PHONE NUMBERS FOR EMERGENCY CONTACTS.

SECURED THE COMMUNITY BULLETIN BOARDS

AND POSTED THE REQUIRED NOTICES AS WELL

AS OUR WELCOME NOTICE.  CONTACTED

                                    F P & L TO FIX THE LIGHT ON THE CORNER OF WALDO

                                    PEPPER & RANGE LINE ROAD.  NUMEROUS HOURS OF TYPING CORRESPONDENCE TO KEEP OWNERS IN THE LOOP. ORGANIZED THE FILES OF THE AIRPARK.

STEVE CLEMSON:            SEEN ON HIS TRACTOR NUMEROUS TIMES MOWING

                                    SWALES.

KEN WATERS:            MADE CONTACT WITH THE BUILDING DEPT.  AND

FP & L TO ADVISE OF OUR NEED TO REMAIN A SAFE AIRPARK TO KEEP ANY FUTURE POWER LINES UNDERGROUND. TRIES TO MONITOR EVERYTHING & WE ALL KNOW WHAT KEN DOES BEST!

All in attendance were asked to complete the volunteer sign up sheets for the various committees.  These would be forwarded to the new Board members.

A special thank you to Ann Burford & John Periera for supplying the donuts

at the meeting!

There being no further business, the meeting adjourned at 12:10pm.

Respectfully submitted,

Monica Elliott

Secretary

A special thank you to Randy Opat, whose guidance and professionalism allowed our Association to tackle many hurdles with major accomplishments.  His unselfish donation of time and talent will be remembered by all.  Thank you.