PLAZA EAST ASSOCIATION
MINUTES OF A REGULAR MONTHLY MEETING OF THE BOARD OF DIRECTORS
MAY 25, 2005


CALL TO ORDER
President Terry Marcum called to order a duly constituted meeting of Plaza East Board of Directors on Wednesday, May 25, 2005 at 7:30 PM in the Recreation Room.

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

APPROVAL OF MINUTES

Motion: DiAnne Shumard made a motion, seconded by Charlotte Gazzana, to approve minutes of regular monthly meeting of April 27, 2005. Passed unanimously.
Motion: DiAnne Shumard made a motion, seconded by Jerry Marcia,l to approve minutes of the Special meeting of May 23, 2005. Passed unanimously.

MANAGER’S REPORT
The attached report was presented by the Manager, Willy Lopez.

TREASURER’S REPORT
The attached report was presented by the Treasurer, DiAnne Shumard.

COMMITTEE REPORTS
LANDSCAPE
The attached report was presented by the Landscape Committee Chair, Patty Piffath. There are two issues: (1) dead plants, and (2) removal of fountains.
6.1.1 Dead Plants: The cost of the dead plants was determined to be in excess of $9,000 (not including the costs of removing the dead plants and replanting new ones). An unacceptable credit of $550 was offered. The Landscape Committee recommends that a letter be sent to Sandy Wilson, President of the Landscape Company, requesting full price for the dead plants, which were covered presumably by a one year warranty.

Brady: The Board of Directors must make a business decision regarding how hard a line to take. There are two elements:
 (1) In Florida, a professional can be held responsible for errors and omissions. Did the professional, Mr. Miller, make an error?
(2) The Warranty. The total landscaping costs were about $125,000. Is it worthwhile to sue to try and recover $ 9,000.
Shumard: The contract with the Landscape Company has “an act of God” clause. The landscaper could use this clause as a defense; but plants at other buildings did not die.

Smith: Does Willy Lopez have logs (or records) regarding watering and maintenance? Probably the records are not sufficient to win a case.

Brady: Tim Smith and Patty Piffath could bring forth issues in a minitrial before the legal committee. The legal committee would come back with a recommendation regarding which track to take. It was noted a favorable judgment, if rendered, may not be collectible.

Marcum: Based on a straw vote, President Marcum will write a letter to Sandy Wilson, President of the Landscape Company. To explore reimbursement of funds.

Baker: Instead of asking for only $ 9,000, Baker suggests asking for perhaps three times that amount.

Removal of Fountains

Piffath: Landscape Committee is requesting a vote to remove the fountains.

Marcum: A 75% vote of owners is needed to remove the fountains.

Brady: We can’t make a material change in common elements without a 75% vote. An analysis is needed to determine what was the original fountain design. The present bird baths are not close to what was original.

Piffath: Stated that a huge fountain was originally existed.

Smith: At some point the original fountain was changed to (5) pond type thing which may have been is violation then. We need a real fountain and have an assessment. We will need an affidavit from Patty Piffath. If plans do not exist of the original style fountains.

Shumard: A big fountain is expensive to maintain. The water must be treated like swimming pool. Per the new Florida Building Codes.

Brady: Recommends that the Landscape Committee establish the cost for a large fountain.

Marcum: The Landscape budget for the year contains $2500.

Brady: How does Board of Directors remove fountains? Instead of removing the fountains to give someone a clean shot at Plaza East, Board of Directors come forward with well thought out plan.

Motion: DiAnne Shumard made a motion, seconded by Richard Loarie, that President Marcum proceed as follows:
(1) Send a letter to Sandy Wilson, President of the Landscape Company.
(2) Request the Landscape Committee to establish the cost of new fountains.
(3) Use the $2500 in the year’s budget to spruce up the area.
Motion passed unanimously.

Gazzana: Landscaper should by responsible for removing dead plants.

Baker: Give Landscaper a definite time to respond.

Shumard: Has picture of plants from November.


6.2 BUILDING AND MAINTENANCE --- FIRE ALARM SYSTEM
Richard Loarie, Chair, Building and Maintenance Committee, presented a report on the Fire Alarm System base on the attached minutes of a (5/20/05) Committee Meeting.
Motion: Richard Loarie made a motion, seconded by Tim Smith, to approve the recommendation of the Committee that Plaza East assess for the full $310,000 for the Fire Alarm System, which will resolve all life safety issues up to current code, and will meet expectations of the Fire Marshal and our insurance carrier. Passed unanimously.

Marcum: This item will be on the agenda for approval at the June meeting of the Board. The assessment amount per apartment will be available at that time. A life safety issue system replacement does not require a membership vote. A letter will be sent to the Fire Marshal to alert him of these plans.

6.3 ELEVATORS
Richard Loarie, Chairman, Elevator Committee, presented a report on the elevators based on the attached minutes of two (5/20/05) committee meetings. Also attached is a 19- page Report provided by a Consultant, Florida Certified Elevator Inspections, Inc. The most striking problem is that the diameter of all elevator ropes is less than the 0.50 inch required by the safety code.
Attached also is a draft letter inviting proposals for Elevator Modernization. The scope of work consist of two parts:
(1)Modernization of seven elevators, and
(2)Modernization of seven elevator cabs.
Proposals are due by July 15, 2005. Proposers are requested to include seven items, as specified in the draft letter. It will take 6-8 weeks to modernize one elevator.

Motion: A motion was made by Jim Brady, seconded by DiAnne Shumard, to approve the recommendation of the committee to get bids back by July 15, 2005. Passed unanimously.

Brady: Consider adding 10 to 15% for contingencies. To future elevator assessment.

6.4 INSURANCE
The attached (5/25/05) report was presented by Bill Hurlman, Chair, Insurance Committee.

Motion: A motion was made by Jim Brady, seconded by Richard Loarie, to accept the recommendation of the Insurance Committee. Passed unanimously.
Brady: Life safety is a big issue with respect to liability insurance.

Hurlman: Life safety is an imminent issue, which could impact our liability insurance. The insurance could be cancelled or the premium could be increased.

Toklucu: Would insurance premium be lowered if all apartments had hurricane shutters?

Hurlman: Building insurance does not cover windows blown out by a hurricane. Personal property insurance is needed to cover contents.

6.5 SCREENING (Report Attached)
Jerry Marcial advised that apartment 18G was transferred from father (Paul and Rose Ricciardi) to son (Stephen and Dana Ricciardi).

Motion: A motion was made by Jerry Marcial, seconded by Tim Smith, to accept the report of the Screening Committee. Passed unanimously.

7. .NEW BUSINESS
7.1 Barbecue
In a (5/23/05) memo, Ismet Baker and John Toklucu requested the Board’s approval to establish barbecue facilities with a four-month trial period from June 1 to October 1, 2005.

Motion: A motion was made by Jim Brady, seconded by Charlotte Gazzana, to approve a four - month trial period for a barbecue facility. Passed unanimously.

7.2 A Plaza East Paper
Ismet Baker expressed interest in establishing a Plaza East Paper to improve communication with owners. He suggested the name “Plaza East Pool Whispers”.

Brady: Cost is small. Should it be a common expense item or a private endeavor endorsed by the Board?

Shumard: Offered to donate paper.

Smith: It may be better to find a group of people to privately fund it. The paper can be sent via e-mail or it can be picked up in the mail room.

Loarie: Can put in on the web so anyone can view it.

Brady: Copy and staple and put in boxes. Form a committee, which would not be an official committee of the Board, but it would be recognized by the Board.

Baker: will put together a committee.

Marcum: Try on an interim basis for six months.

Motion: A motion was made by DiAnne Shumard, seconded by Richard Loarie, to endorse Baker’s request to establish a Plaza East Paper and to review it after a period of six months. Passed Unanimously.

8. ADJOURNMENT
Meeting adjourned at 9:45 pm.

Motion: A motion was made by Tim Smith, seconded by DiAnn Shumard, to adjourn. Passed unanimously.

Respectfully submitted,



Richard Madey
Secretary