BOARD OF GOVERNORS REGULAR MEETING
MINUTES
Tuesday, April 18, 2006 – 7:30 P.M.
T.P.C. Clubhouse

President Marty Friedman called the meeting to order at 7:30 p.m. Those directors present were, Marty Friedman, Nancy Frank, Harvey Morrow, Mickey Berk, and Ted Scatcherd.

Absent: Mark Mills.

Management: Lou Brawer

Attorney: Steve Weinberg Esq.

Carol Eskew from Goldman and Juda

Mr. Friedman opened the meeting and had a few remarks for the Board and the audience:

C.S.I.D. has started to clean up the hurricane debris from the canals around Eagle Trace. Residents received notices to remove personal property from along right of way.
The wall along the Sawgrass Expressway is scheduled for construction starting in May. Road project will start shortly thereafter.
The City Commission has started to allow metal roofs in certain parts of Coral Springs. At this time they are not permitted in Eagle Trace.
The city’s Code Enforcement Department will be going around issuing warnings to those residents that still have loose roof tiles on their roofs. After the warning period the city will issue fines. The city hopes to have all loose tiles off roofs before the start of hurricane season.
Finally, Mr. Friedman said that meetings will be run slightly different then in previous years. If there is a MOTION presented:

The MOTION will be made and seconded.
The Board will have discussion among themselves.
The floor will be opened for audience comments and questions.

Residents will be asked to state their name and address for the record.

d. The Board will be asked for final questions and comments and a vote on the MOTION will be taken. Once the vote is taken there will be not more discussion on the MOTION.

APPROVAL OF THE MINUTES

Mr. Friedman asked that a MOTION be made to accept the Minutes from the Regular meeting held on March 28, 2006.
A MOTION was made by Mr. Berk and seconded by Mr. Scatcherd to approve the Minutes of this meeting. THE MOTION PASSED 5 YES and 0 NO.

FINANCIAL REPORT

Carol Eskew from Goldman & Juda presented the following Financial Report for February, 2006:
                        For the month of February the Master Association was over budget by $36,827 which included expenses of $49,498 which were directly related to Hurricane Wilma.
                        Tennis expenses for the month were $5,920.
                        Year to date the Master Association is over budget by $61,384 which includes expenses directly related to Hurricane Wilma of $96,003.
                        The Reserves for the community as of February 28, 2006 are $750,398.

LANDSCAPING UPDATE

Mr. Friedman introduced Nina Potter from Potter Lawn and Landscaping who went over the current condition of the landscaping within the community. She stated that she is very pleased with how the community looked and how good everything is coming back since the hurricane.

She went over a list of cul-de-sacs that needed immediate attention. These included the following:
            NW 18th Place                       NW 13th Court
            NW 16th Court                       Las Colinas Way
            NW 14th Street                      Area around tennis gazebo site
            Perimeter

The total cost of fixing these areas is $9,728. She said that there are other areas that need work but these are the most critical. The areas will have native materials that held up well during the hurricane and large areas of grass.

A MOTION was made by Mr. Morrow and seconded by Mr. Berk to spend up to $10,000 of these renovations and replacements. MOTION passed 5 YES and 0 NO.

Ms. Potter then talked about the berm along Eagle Trace Blvd. West. The berm will mirror the other side of the street that was completed last year and came through the hurricane with only minimal damage.

The project will be done in two phases with the first phase being the removal of all existing materials and the thinning of trees. Irrigation will also be replaced at this time.

The second phase will be the planting of Ficus hedges and sod along both sides of the berm.

While this is a very expensive project it was felt that it was necessary to restore the privacy of those residents that live on the berm and also to make a main area look as good as possible.

A MOTION was made by Mr. Scatcherd and seconded by Mr. Berk to spend $26,200 of the restoration of the berm along the North side of Eagle Trace Blvd. West.

The following residents made comments:
            Mr. Bruce Harris asked if three bids were gotten and the Board said that it goes with our landscaping contractor since they will have to maintain the materials. The Association manager checks on prices however.
            Ms. Barbara Cruz asked if the best materials were being chosen to prevent damage from future storms. Ms. Potter explained the materials and expressed that she felt the material will come through a storm well.
            Mr. Alan Obert asked if the project was a lump sum or was priced by the piece. Ms. Potter explained that it was a lump sum price but material is broken down on the proposal.

Being no more questions the vote was called and the MOTION passes 5 YES and 0 NO.

SECURITY REPORT

Mr. Isak Coliva, Area Supervisor for Wackenhut, addressed the Board on the state of our account with Wackenhut. He said that he is in regular contact with Mr. Brawer and is working to resolve staffing issues.
He also reported that one of his officers was injured while on duty at Eagle Trace. She had broken her foot and because of other health issues has developed complications and was in a coma. He said that Wackenhut was monitoring her condition.

Mr. Bruce Harris asked if this accident was related to Eagle Trace and Mr. Coliva reported that it did happen on Eagle Trace property but was being handled through Wackenhut’s workmen’s compensation insurance.

Since there were no other questions Mr. Coliva was thanked and allowed to leave the meeting.

LEGAL REPORT

Mr. Weinberg reported that there are four collection matters in his office:
            2 matters were paid in full
            1 resident was under foreclosure by his bank
            1 foreclosure was being filed by the Association since the owner has become current with his/her bank but not with the Association.

Mr. Weinberg reported on a issue with a resident on Colonial Drive. He said that his office has tried to track down the owner and is concerned over the complaints that are being received. The owner has not registered with the Association Manager since the purchase closed.

Dr. Hal Menchel asked if we can hire a private investigator to find the owner and do something about the situation.

Mr. Weinberg said that we can only enforce on a nuisance and that the Association can not screen homeowners.

Mr. Weinberg was asked if cars may be towed and he said that they can if they were parked illegally on the street but does not feel they can be towed if they are on private property.

The Board asked that Mr. Weinberg proceed with finding this owner and working with them to get rid of the nuisance.

PROPERTY MANAGERS REPORT

Mr. Brawer presented his report, which was presented to each Board member in written form. A copy of Mr. Brawer’s report is attached to these Minutes and will be placed on the web site for residents to review. Some of the key points that Mr. Brawer reported on included:

Mr. Brawer reported that the street sign replacement project was moving forward and should be completed within the next two weeks.
The tennis gazebo has been demolished. Mr. Brawer reported that this structure was very unsafe and was deemed in need of being taken down. About 20 raccoons were found living inside the roof.
Mr. Brawer explained the repair that was done to the fence at the end of the exterior wall near Royal palm Blvd. He reported that the wall was extended and now that this is complete the gate (that is needed for canal maintenance) will be replaced and secured. This repair was needed because non residents were coming into the community at this spot.
Mr. Brawer reported that he has received a list of contractors that can repair on the drainage along Eagle Trace Blvd. East. These contractors will be brought in for bids and these will be presented to the Board at the next meeting.

ARC REPORT

Mr. Brawer presented the ARC report for the Committee and explained the different applications. All applications were recommended for approval.

A MOTION was made by Mr. Morrow and seconded by Mrs. Frank that the ARC report be accepted as recommended by the committee. MOTION PASSED 5 YES and 0 NO.

SPECIAL ASSESSMENT

Mr. Berk made the following MOTION which was seconded by Mr. Scatcherd.

MOTION to assess Eagle Trace residents the sum of $600 for members of the Master Association only and $450 for members of Neighborhood Associations (Ascot Villas, Eagle Trace Landings, Georgetown, Glen Condo, Glen Master (Hamptons), Highland Place, and Steeplechase) for expenses associated with Hurricane Wilma.

This Assessment will generate $497,550 which will be used for the following:

1.) Repayment of expenses ($278,657) already paid through the Operating Account(s) for the hurricane debris removal and cleanup:
Master Association $223,650
Neighborhoods $55,007 (paid back to the Neighborhood Associations on April 1, 2006)

2.) The increase in insurance premiums (paid on April 1, 2006) from a budgeted amount of $51,500 to $118,344. This is a difference of $66,844.

3.) A budget shortfall of $37,246 for other expenses directly associated with the hurricane paid during calendar year 2005.

4.) A budget shortfall of $96,003 for expenses directly associated with hurricane damage during the first two months of 2006.

5.) The remainder of $18,800 will be used for additional repairs or will be set aside as the start of a fund to cover future storm related clean ups and damages.

The assessment shall be paid in two equal payments due on June 1, 2006 and August 1, 2006.

Mr. Friedman discussed what was included in the MOTION. He went on to explain that Eagle Trace spent far less than other Associations and that our community was cleaned up faster than many others of our size.

Ms. Eskew said that because of our solid financial condition that we were able to get cash immediately from our Reserves and that it is now necessary to repay the money that was borrowed. This however is not required by law.

Ms. Eskew went on to report that her firm represents over 300 Associations and that this assessment is one of the smallest and that this Board and manager handled this emergency better than many other Associations.

The Friedman opened the floor for audience comments. The following residents addressed the Board on this MOTION:
                        Nancy Abrams – Asked about our insurance coverage.
                        Bruce Harris
                        Hal Menchel – Explained about the Long Term Planning Committee that he chaired several years ago.
                        Christina Shantz – Complimented on the small size of the assessment.
                        Mr. Pederson – Asked why with our Reserves are we assessing?
                        Barbara Cruz – Commended the Board for Reserves and for keeping our regular maintenance so low.

Mr. Friedman also again reminded the Board and the audience on our insurance situation and items that will and will not be covered.

Mr. Friedman asked the Board if there were any other comments on this issue and since there were not any he called for a vote on the MOTION. The MOTION PASSED 5 YES and 0 NO.

TENNIS CENTER RULES AND REGULATIONS

Mr. Friedman opened up the discussion on this subject by reading the philosophy of the Tennis Center which is the opening of the Rules and Regulations. He went on to read the rules and regulations as written by the Association Manger.

Mrs. Frank made the following MOTION which was seconded by Mr. Berk.

MOTION for the Eagle Trace Board of Governors to adopt the attached Rules and Regulations for the Eagle Trace Tennis Facility effective at 8:00am on Monday, May 1, 2006.

This MOTION will authorize our Association Manager to mail copies of these Rules and Regulations to every Eagle Trace resident. The Association Manager is further instructed to send copies of these Rules and Regulations to the Association Managers for Vizcaya and Venetian Isles and have them distribute them to all of their respective residents. These Rules and Regulations will also be posted on the Eagle Trace Web Site (www.eagle-trace.com).

The Association Manger is further authorized to have signs made in order to post these Rules and Regulations at the Tennis Center.

These Rules and Regulations will supersede all previous Rules and Regulations and may be modified or changed at anytime by a vote of the Eagle Trace Board of Governors.

Copies of the Rules and Regulations were passed out to the audience and a copy will be placed on the web site if approved.

Mr. Friedman opened the floor up to audience comments.

Mr. Harris – Asked if the Tennis Committee’s recommendations were considered?

Mr. Fink – Should residents subsidize non resident guests?

Mr. Mike Newman – Asked about Vizcaya and Venetian Isles. Mr. Weinberg spoke on the history of this relationship.

Mr. Fioreutini – Asked if the Association will benefit from teaching pros using the courts.

Ms. Subiela – Spoke to praise our current pro and the job he is doing especially with the children.

Ms. Keane – Concerned those 4 courts that have not been renovated will cost more money in the future and wanted to know why the Association was turning away paying members.

Mr. Epstein – Pointed about that a teaching professional should have U.S.P.T.A. certification and not U.S.T.A. It was suggested that this be changed in the Rules and Regulations.

Mrs. Frank was asked to amend this in the Rules and Regulations which she agreed to. A vote was taken to amend the MOTION which passed 5 YES and 0 NO.

A vote was called for on the AMENDED MOTION which PASSED 5 YES and 0 NO.

NEW BUSINESS & AUDIENCE COMMENTS

Mr. Friedman asked if there was any New Business to come before the Board. Since there was none Mr. Friedman opened the floor up for audience comments and questions.

The following residents addressed the Board:
            Mr. Grasso – Asked about fountains.
            Dr. Epstein – Asked if boats were allowed on canals.
            Mr. Fink – Expressed a concern that there is a conflict with Mr. Friedman serving as President of both the Master Association and Georgetown.
            Mr. Bailey – Asked a question concerning Georgetown landscaping and he was told to address his question to the Georgetown Board.
            Ms. Spek – Reported that the trees on NW 18th Place were not trimmed. Mr. Brawer said that he will check on this. She then asked if the antennas at the gates can be camouflaged. Board will look into this.
            Dr. Menchel – Expressed a concern about gate guards after the hurricane.
            Mr. Harris – Asked that the doors of the North gate be repaired or replaced.
            Mr. Gobstein – Asked when Special assessment will be due.

Mr. Berk suggested that every resident contact their Congressmen and Senator about FEMA paying for clean ups in the future. He also asked that letters be sent to those residents that still have loose roof tiles.

ADJOURNMENT

The meeting was adjourned at 10:15pm.

Respectfully submitted,

Louis Brawer
Property Manager