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PLAZA EAST ASSOCIATION
MINUTES OF A REGULAR MONTHLY MEETING OF THE BOARD OF DIRECTORS
JUNE 29, 2005

1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE

President Terry Marcum called to order a duly constituted meeting of Plaza East Board of Directors on Wednesday, June 29, 2005 at 7:30 PM in the Recreation Room. President Marcum led the Pledge of Allegiance.

2. ROLL CALL

Present: Ismet Baker, James Brady, Charlotte Gazzana, Richard Loarie, Jerry Marcial, Terry Marcum, Allen Pell, DiAnne Shumard, Timothy Smith and John Toklucu. Also present were Willy Lopez, Manager, and Richard Madey, Secretary.
Absent: Robert Buehler (resigned).

3. APPROVAL OF MINUTES

Motion: Brady (Pell) moved (seconded) to approve minutes of regular monthly meeting of May 29, 2005. Passed unanimously.

4. MANAGER’S REPORT

The attached report was presented by the Manager, Willy Lopez. This report generated the following two motions:
Motion: Toklucu (Brady) moved (seconded) to pay $4600 from the Building and Mechanical Reserve Fund to replace a motor for a pump for the pool filter. Passed unanimously.
Motion: Loarie (Toklucu) moved (seconded) to allocate $30,317.30 of unallocated interest for concrete restoration. Passed unanimously.

5. TREASURER’S REPORT

No report.

6. SPECIAL ASSESSMENT TO REPLACE THE FIRE ALARM SYSTEM

Marcum: Replacing the fire alarm system is a life safety issue. Marcum introduced the two representatives from Edward Systems Technology (EST). EST is currently servicing our fire alarm system. A report from EST is attached.

Gary Wallace: (EST Sales Representative): EST has been evaluating the fire alarm system, which is 15 years old. The system is obsolete. The manufacturer no longer supports replacement parts, and software is no longer replaceable. It is necessary to replace the main fire alarm panel, which requires bringing the rest of the system up to code. There is inadequate voice recognition in all residential units and in some common areas. The present fire alarm system is in violation with the current code. The Fire Marshall will inspect the system on July 6, 2005. If there is a citation, then Plaza East has 30 days to bring the system up to code. Florida adopted a more stringent code on January 1, 2005, regarding audio- visual standards. The decibel level in Plaza East is inadequate, and the wiring violates the code. It is necessary to install a speaker exposed on a wall in each bedroom and another speaker centrally located. Audio and visual devices would be installed in each elevator lobby. Completion of the proposed work would affect our insurance positively. Dade County is enforcing the new code. Visual devices include a strobe in the common areas and elevator lobbies. EST will summarize the work to be done in each style apartment and in the vestibule areas. EST is proposing a fixed price contract with a three-year warranty. The cost of $341,444.40 includes a 10% contingency (added by Plaza East). If the contingency is not spent, it would go to a reserve fund. Plaza East bought an EST panel 3 ½ years ago. The panel allows the upgrade. Plaza East received three bids with itemized breakdowns; three to six months are required to replace the whole system.
After much discussion stimulated by the unit owners present, President Marcum called for a vote on the following motion:

Motion: Brady (Loarie) moved (Seconded) to have a special assessment to replace the fire alarm system as recommended in the report at a cost of $ 341, 444.40. Passed unanimously.

Brady: Before the vote, Brady reemphasized that this is a life safety issue. He commented that he tells his clients how to avoid the clear language of the fire code regulations, but that no client has ever failed to comply with specific requirements of the fire code. The crucial question to the six jury persons is: “They saved $150K for Mary’s child. What is the child worth to Mary?”

Motion: Marcial (Loarie) move (seconded) to pay one-half the assessment by August 1, 2005 and the other half by September 1, 2005. Passed unanimously. See attached cost breakdown per unit.

7. COMMITTEE REPORTS

7.1 SCREENING (Report Attached)

Marcial: Apartment 19D sold (furnished) to David Zarbee and Rosemary Blum for $518,500; and apartment 8K sold (unfurnished) to Stephen B. Russell for $510,000.

Motion: Brady (Loarie) moved (seconded) to accept the report of the screening Committee. Passed unanimously.

7.2 LOBBY (Report attached)

7.3 LANDSCAPE

Marcum: sent letter to landscape company and the landscape architect. The responses stated that Plaza East maintained plants incorrectly and that the Act of God clause in the contract made claim for hurricane damage unenforceable. Marcum recommends to the Board that a new landscape maintenance company be hired to do work on either a full-time or on a six-month trail basis.

Brady: Reached the same conclusion – but for a different reason. Plaza East received a bad job from the landscaper, but that the risk of litigation recommends against legal action.

Motion: Brady (Pell) moved (seconded) to forego any legal action against the landscape architect and the landscape company. Passed unanimously.

Gazzana: Get someone to pull weeds.

Lopez: Asked Board for discretion to remove old dead plants at a cost of less than $ 4,000.

Brady: Management should remove all dead plants and then Plaza East decides how to make the space look nice.

Pell: Opposed to spending $4,000 to remove dead plants.

Motion: Brady (Toklucu) moved (seconded) to authorize and direct Manager to remove all dead plants and to spend up to $4,000 for outside help. Passed unanimously.

Marcum: Need 75% vote to remove birdbath fountains. This item will be put on the agenda for the July meeting. Charlotte Gazzana to create laundry lists of item that require 75% to sent out to owners for a vote.

8. NEW BUSINESS

8.1 STORAGE LOCKER ROOM

Baker: We expect an annual income of $7,000 from rental of storage lockers. Bob Buehler resigned from the Board and filed a complaint with the State saying Plaza East is illegally building a storage room---contending that a 75% vote is required. We will wait for a ruling from the DBPR.

Brady: The Board voted to build the storage room. Brady sent Marcum a memo about not requiring a 75% vote.

Toklucu: If there are problems, Board members should talk with each other instead of filing complaints.

8.2 COMCAST CABLE CONTRACT

Toklucu: asked Brady to look at contract.

Brady: Legal Committee, on an individual basis, looked at contract and have several comments and recommendations – but a response needs a full committee meeting, which would take another 30 days.

Toklucu: Doesn’t want to lose contract which is offered at the same price (with 4% annual escalations) but includes now free internet access for the office and a video camera installed in the recreation room. The monthly cost per unit is $27.73 plus tax. This contract extends to 2012.

Motion: Loarie (Baker) moved (seconded) to accept the Comcast contract at a monthly cost of $27.73 per unit and negotiate other items later. Passed with one no vote (Brady)

Toklucu: Each apartment will eventually receive one digital cable box, and can get an additional cable box for $5 a month.

9. ADJOURNMENT

Motion: Brady (Pell) moved (seconded) to adjourn at 10:05 PM. Passed unanimously.

Respectfully Submitted,



Richard Madey
Secretary.