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Heidelberg Beach Board Minutes (2018)

Board of Trustees Meeting
Heidelberg Beach Association
September 22, 2018

Board: Jane Chidester (President), Claudia Springer (VP), Tom Eshelman (Secretary), Mary Chidester (Real Estate), Jeff Belmont, Don Bratton, Jack Corrigan, Carol Dunkle, Jan Peer, Scott Welch

Absent Trustees: Aaron Hamilton, Richard Henderson

Adjunct Trustee: Dick Castele (Treasurer)

Opening Prayer: Tom Eshelman 1:05 P.M.

Approval Vote for prior Meeting Minutes:

A motion passed (S. Welch/C. Springer) to approve three sets of minutes: the July 21st Board Meeting, the August 25th Annual Meeting, and the August 25th Board Meeting.

Real Estate: Mary Chidester

  • Report on Bill and Dora Richardson’s Lot 1 title issue.

    • Jan Peer, Don Bratton, and Carol Dunkle met with Bill and Dora Richardson about resolving the title to Lot 1. Bill and Dora are not willing to do any additional legal work to clear up the ownership issues.

    • The leasehold interest in Lot 1 is currently owned by Benson Richardson (1/3), the estate of Neil Richardson (1/3), and the estate of Harvey Richardson (1/3). Benson Richardson has provided a quit-claim deed and an assignment of lease to Bill and Dora which conflict with respect to whether or not the 1/3 interest would revert to Benson Richardson, or his heirs, in the event of a default under the lease by Bill and Dora.

    • Mary discussed the issue with the Heidelberg Beach attorney, Tom Johnson, and explored all options available to the Association with respect to the 1/3 interest being conveyed by Benson Richardson and the remaining 2/3 interest still in the estates of Harvey and Neil Richardson. There is no shortcut available to resolving the other 2/3 interest—the estates must be re-opened and the interest passed to the heirs. The heirs may then transfer their interests to Bill and Dora. If Bill and Dora do not resolve this issue now, their children will have to resolve it later when it is even more complex. A narrow consent to the transfer of Benson’s 1/3 interest as set forth in the quit-claim deed was drafted.

    • A motion (M. Chidester/Springer) passed to consent to the transfer of Benson Richardson’s 1/3 interest in Lot 1 to Bill and Dora Richardson as set forth in the quit claim deed.

    • The Board will send a copy of the consent to the Richardsons along with a letter stating that the remaining 2/3 interest in Lot 1 which remains in the estates of Harvey and Neil Richardson, is their responsibility to resolve.

    • Mr. Johnson will be consulted in drafting the letter.

  • The Hertzer/Green closing is scheduled for Sept 27, 2018.

  • The Wilms/Theus transfer documents are being drafted.

Treasurer’s Report: Dick Castele

  • Dick Castele presented the proposed 2018-2019 Budget and discussed each line item.

  • The Board added $500 for beach grooming expenses (which Dean Smith had been donating since Herb Foote’s departure).

  • Dick noted that assessments by Erie County are up 46% on two common area parcels (one being the promenade). The budget reflects the resulting estimated tax increase.

  • The total proposed budget for 2018-2019 is $41,790. (Prior year budget total was $41,920). A motion passed (S. Welch/J. Belmont) to approve the proposed budget of $41,790.

Business:

  • In an adjunct meeting on September 3rd, all Building Committee members and Board members (except Jeff Belmont, who was absent) approved the attached plans for an addition to the Volk cottage at 6 Pennsylvania.

  • Harvey Foote has agreed to continue to be our snow plowing and lawn mowing contractor.

  • Property trees were inspected on September 17th. See estimate and list below.

  • A successful season of Pavilion Worship services has concluded. The Christian Work and Worship Committee will be donating money to the Good Neighbor Fund, Firelands Habitat for Humanity, and Second Harvest in Lorain.

  • Franklin Sanitation snaked W. Virginia and flushed the hydrant on September 7th.

  • Jan Peer will create two signs next summer to be placed on Pennsylvania to indicate the boundary where Norton’s roads meet our property.

Adjournment: A motion passed (C. Dunkle/S. Welch) to adjourn at 2:27 P.M.

Next Meeting: Saturday, May 18th, 2019 in conjunction with the Heidelberg Beach Reunion weekend:

  • 9 A.M. Donuts & Coffee & Beach Clean-up
  • 12 P.M. Potluck
  • 1 P.M. Board Meeting immediately following Potluck

Attachment 1

Volk Construction Plans

Elevation before (top) and after (bottom):

Volk Construction Plans Elevations

Footprint Visuals:

Volk Construction Plans Footprint 1 Volk Construction Plans Footprint 2

Attachment 2

Heidelberg Beach 2018-2019 Winter Tree Work

Estimate is $6,500

Prioritized List for Tree Trimming:

  • Root prune maples for girdling problem at SE corner of 62 Kentucky, SE corner of 100 Ohio, and NE corner of 68 Kentucky (leftover from last year)

  • SW corner of 25 W. Virginia, remove Sycamore and grind stump (Foote request)

  • SW corner of 85 Michigan, trim dead wood (Schuman request)

  • NW corner of 93 Ohio, significantly trim (Lukens request)

  • SE corner of 73 Indiana, trim 2 dead limbs (Eshelman request)

  • 4 other trees that need to have some limbs removed for safety (identified during inspection by Leimeister)

  • Trim dead wood out of Siberian Elm at Rt. 6, just west of entrance sign (Leimeister)

  • Remove tree W of E Promenade bench (old lightning strike and dying) and grind stump (Leimeister)

Board of Trustees Meeting
Heidelberg Beach Association
August 25, 2018

Board: Jane Chidester (President), Claudia Springer (VP), Tom Eshelman (Secretary), Mary Chidester (Real Estate), Jeff Belmont, Don Bratton, Jack Corrigan, Carol Dunkle, Aaron Hamilton, Richard Henderson, Jan Peer, Scott Welch

Absent: Aaron Hamilton

Other: Dick Castele (Treasurer), Yvonne Theus

Opening Prayer: Rev. Richard Henderson, 11:02 A.M.

Real Estate: Mary Chidester

  • A motion passed (M. Chidester/S. Welch) to approve the transfer of Susann M. Aldrich’s ½ interest in Lot 97 Ohio Road to her sister and owner of the remaining ½ interest, Millicent L. Martin-Shultz.
  • Orientation was completed for Yvonne Theus, daughter of David Wilms (61 Kentucky).
  • A motion passed (M. Chidester/C. Dunkle) to approve the transfer of the lease for lot 61 on Kentucky Road from David E. Wilms to Yvonne Theus, and to accept Yvonne as a new member of the Association effective upon execution of the appropriate transfer documents. The President and Secretary of the Association are authorized to execute any and all documents required to effectuate the transfer.

Treasurer’s Report: Dick Castele

  • See the Annual Meeting minutes for this same date (8/25/2018) for the treasurer’s report.

Business:

  • Welcomed new trustees: Jeff Belmont and Don Bratton.
  • Elected Officers: Welch/Bratton motion approved to re-elect current slate of officers: Jane Chidester (President), Claudia Springer (VP), Tom Eshelman (Secretary), Mary Chidester (Real Estate)
  • Elected Executive Committee: Dick Henderson will replace Dick Castele. The composition going forward is: Jane, Claudia, Tom, Dick Henderson, Mary, Carol, Scott.
  • Appointed Treasurer & Real Estate Trustee: Dick Castele (Treasurer) and Mary Chidester (Real Estate Trustee).
  • Continued the on-going discussion about the situation with title for Lot #1. Plans were made for three Board members (Don Bratton, Carol Dunkle, Jan Peer) to meet with the Richardsons.

Adjournment: A motion passed (Dunkle/Peer) to adjourn (at 11:51 A.M.).

Next Meeting: September 22nd at 1 P.M.


Annual Membership Meeting
Heidelberg Beach Association
August 25, 2018

Opening:

  • The meeting was called to order at 10:10 AM. Rev. Richard Henderson opened with a prayer.
  • Newcomers were introduced to the community: Chris Gleason, Ehren and Julie Green, Yvonne Theus.
  • A motion (C. Springer/W. Hertzer) passed to dispense with the reading of last year’s minutes and approve them.

Membership Roll Call and Distribution of Ballots:

Secretary Tom Eshelman recorded the roll of leaseholders by lot numbers. Ballots for the election of the Board of Trustees for 2018-2021 and changes to the By-Laws were distributed.

Association members representing 75 lots were present and proxies were turned in for an additional 15.5 lots. Hence, a total of 90.5 lots were represented. 50 lots are required for a quorum.

Treasurer’s Report:

Dick Castele presented the summary of the finances as of the end of the fiscal year (June 30th, 2018). Of the $322,087 total cash assets, $240,463 are infrastructure reserve, $55,399 are reserved for specific reserves and $26,225 are unencumbered. A motion passed (H. Foote/W. Hertzer) to accept the report.

Report of the Nominating Committee:

Jane Chidester presented the slate of nominees for the Board of Trustees for 2018-2021: C. Springer, M. Chidester, J. Belmont, D. Bratton, B. O’Dougherty. There were no additional nominations from the floor. Four Board positions needed to be filled.

Accomplishments and happenings of this last year:

  • Jane Chidester presented a tribute and thank you on the occasion of Harvey Foote’s 90th birthday. He was presented with a portrait painted by Mary Border.
  • Last fall the Board levied a $720,000 assessment to replace the water lines at Heidelberg Beach. The assessment will be collected in installments over the next 10 years.
  • The first year of collecting for the Infrastructure Reserve Fund is complete. There was 100% compliance. There are 29 cottages are contributing at the standard installment rate or higher and 19 cottages contributing the minimum installment.

Open Discussion:

Members asked a range of questions. There was discussion on the mechanics of the lease transfer process. Other questions focused on the high lake level and beach erosion and recycling.

Voting:

  • The result of the election of members to the Board of Trustees for 2018-2021 was announced: C. Springer (incumbent), M. Chidester (incumbent), J. Belmont, D. Bratton.
  • The proposed changes to the By-Laws were passed. See Attachment 1.
  • All ballots were tallied by non-members Ellen Nolan and Barb Irwin. The Board sincerely thanks them for their help.

Adjournment:

A motion passed (R. Herwerden/S. Volk) to adjourn at 10:51 AM.

Respectfully Submitted,
Tom Eshelman
Secretary

Attachment 1

2018 Changes to the By-Laws:

IV
Meetings

An annual meeting of the members shall be held on the third Saturday of July in each year, at 2:00 o'clock P.M. at Heidelberg Beach, or at such other time during the month of July or August in each year as the Board of Trustees may determine. At such meeting, Trustees shall be elected, officers and committees shall report, and such other business shall be transacted as may be brought before the meeting.

Special meetings of the members may be called at the direction of the Board of Trustees, the President or the Vice President, or persons holding twenty-five percent or more of the voting power of the members.

A meeting of the Board of Trustees shall be held immediately following the annual meeting of the members, and at such other times as the Board may determine.

Notice of the date, time, and place of all meetings of the members, including notice of the purpose of special meetings, shall be given to all members not less than 10 or more than 60 days before such meeting. Notice of the date, time, and place of all meetings of the Board of Trustees, except the annual meeting, shall be given to all Trustees not less than 5 days before each meeting, unless waived.

Notice of meetings (Annual or Board) may be given electronically to those who are on the Association’s email list. Written notice to those members that need it must be postmarked by the deadlines noted in the prior paragraph.

The Annual Meeting, or other special meetings of the full membership, must be held in person.

Board Meetings may be held in person, or by conference voice or video call.

V
Voting

At all meetings of the members, each sub lot represents one vote (fractional lots have corresponding fractional votes). The single vote (or fractional vote) for each sub lot should be cast by joint agreement of those who have the right to occupy that sub lot, either under lease or other contract.

A quorum shall consist of a majority of sub lots being represented. (There are currently 98 sub lots. A majority—quorum—would therefore be 50 sub lots being represented.)

At all meetings of the members, to ensure anonymity and an accurate per lot vote, only printed ballots are allowed. Ballots can only be voted by the member or their proxy. If a motion is made during the meeting to take an official vote that was not planned for, a new meeting will be called so that new ballots can be printed for that vote.

IX
Changes to Association Documents

The By-Laws, General Rules and Regulations, and Building Rules and Regulations may be changed at any meeting of the members. The proposed changes to these Association documents must be communicated not less than 21 days ahead of the meeting. The proposed changes must pass by a two-thirds majority of the ballots cast to go into effect.

The communication of the proposed changes may be given electronically to those who are on the Association’s email list. Written notice to those members that need it must be postmarked by the deadline noted in the prior paragraph.


Board of Trustees Meeting
Heidelberg Beach Association
July 21, 2018

Board: Jane Chidester (President), Claudia Springer (VP), Tom Eshelman (Secretary), Dick Castele (Treasurer), Mary Chidester (Real Estate), Jack Corrigan, Carol Dunkle, Richard Henderson, Scott Welch

Absent: Aaron Hamilton, Jan Peer, Barbara Weber

Opening Prayer: Rev. Richard Henderson

Approval Vote for prior Meeting Minutes:

A motion passed (Welch/Dunkle) to approve the minutes of the May 19th, 2018 Board Meeting pending the addition of the proposed By-Laws changes.

Treasurer’s Report: Dick Castele

  • There will be a budget surplus of $139 for the 2017-2018 FY.
  • In the 2018-2019 FY we will receive a credit to our water bill of $591 for the water leak last Winter.
  • Jack Corrigan and Dick met with the bank and achieved the following:
    • Opened an Insured Money Market Fund (earning an introductory rate of 0.75%) and transferred $50,000 from the checking account.
    • Opened a second Insured Money Fund (earning an introductory rate of 1.0%) and transferred the funds collected in the last 2 fiscal years for the Infrastructure assessments ($212,000).
    • Replaced Roger Nehls with Jack Corrigan as the second check signer on the checking account and added Jack as the second signer on the 2 accounts noted above.
    • Set up on line access to all accounts.

Real Estate: Mary Chidester

  • Orientation was completed for the new leaseholders for 76 Indiana (Chris & Megan Gleason).
  • A motion passed (M. Chidester/Welch) to approve the transfer of the lease for lots 75, 76 and 77-A on Indiana Road from Roger C. Nehls, Trustee of the Nehls Family Revocable Trust UAD January 19, 2010 to Chris and Megan Gleason (or as trustees under trust), and to accept Chris and Megan as new members of the Association effective upon execution of the appropriate transfer documents. The President and Secretary of the Association are authorized to execute any and all documents required to effectuate the transfer including but not limited to the termination of the existing lease and issuance of a new lease.
  • Orientation was completed for the new leaseholders for 53 Kentucky (Ehren & Julie Green).
  • A motion passed (M. Chidester/Welch) to approve the transfer of the lease for lots 53 and 54 on Kentucky Road from William F. Hertzer, J. David Hertzer and Martha L. Hammel, Trustee of the Martha L. Hammel Trust dated December 11, 1995, as Amended and Restated to Ehren and Julie Green, and to accept Ehren and Julie as new members of the Association effective upon execution of the appropriate transfer documents. The President and Secretary of the Association are authorized to execute any and all documents required to effectuate the transfer including but not limited to the termination of the existing lease and issuance of a new lease.

Board Business:

  • A motion passed (J. Chidester/Corrigan) to present the proposed By-Laws changes (presented at prior meeting of the Board) on the ballot at the Annual Meeting. No comments have been received from the community.
  • Vote to approve slate of Board Nominees.
    • Board members leaving in 2018: Dick Castele & Barbara Weber
    • Board members up for re-election: Mary Chidester & Claudia Springer
    • Nominees for Board terms beginning August 25th, 2018: Don Bratton, Jeff Belmont, Betsy O’Dougherty, and possibly one more.
    • A motion passed (Castele/Springer) to accept the slate of 5 with the possibility of a sixth being added.
  • Funds have been raised for a new basketball goal. It has been ordered.
  • A new keyboard has been purchased for use at Sunday worship. Funds will be solicited.

Next Meeting: August 25th following the Annual Meeting.

Adjournment: A motion passed (Welch/Castele) to adjourn (at 11:50AM).


Board of Trustees Meeting
Heidelberg Beach Association
May 19, 2018

Board: Jane Chidester (President), Claudia Springer (VP), Tom Eshelman (Secretary), Dick Castele (Treasurer), Mary Chidester (Real Estate), Jack Corrigan, Carol Dunkle, Richard Henderson, Jan Peer, Scott Welch

Absent: Barbara Weber, Aaron Hamilton

Called to Order: 2:45 P.M.

Opening Prayer: Rev. Richard Henderson

Approval Vote for prior Meeting Minutes: Tom Eshelman

A motion passed (Welch/Dunkle) to approve the minutes of the September 30th, 2017 Board Meeting.

Real Estate: Mary Chidester

By-Laws Change: Mary proposed by-law changes reviewed by our attorney and emailed them to Board members to review in advance of this meeting. When finalized, the changes will be made available to the membership for review, then voted on at the Annual Meeting.

The overall reasons for making these changes are to officially allow for electronic communications for those that use email, to allow the Board of Trustees to hold telephone or video meetings, and to clarify a few points regarding meetings and voting.

The details are attached as Exhibit A.

Treasurer’s Report: Dick Castele

Dick reported that, at this time, our actual expense for the fiscal year are estimated to exceed the budget by $2000. This is principally due to water charges exceeding budget by that amount. There was a broken water shutoff at one cottage that was not diagnosed and repaired for several months. Dick will apply to the county for a partial credit, but any credit will not be received until the next fiscal year.

Three motions were requested by Dick, and voted on:
  1. A motion was made by C. Springer to remove Roger Nehls as an authorized signer on Heidelberg Beach Association bank accounts and replace him with Jack Corrigan. Seconded by C. Dunkle. Jack Corrigan abstained. The motion passed unanimously by the remaining Trustees present.

  2. A motion was made by Mary Chidester to authorize Dick Castele to invest the Infrastructure Funds in a Certificate of Deposit at Northwest Bank at a rate and term most advantageous to the Association, in his reasonable discretion. Seconded by S. Welch. The motion passed unanimously by the Trustees present.

  3. A motion was made by C. Dunkle to authorize Dick Castele to (i) open an Insured Money Fund Account at Northwest Bank for the portion of the funds in the Associations’ checking account which are not immediately required to satisfy Association liabilities, and (ii) to transfer those funds from the Insured Money Fund into the Associations’ checking account, from time to time, as needed to pay the bills of the Association. Seconded by S. Welch. The motion passed unanimously by the Trustees present.

Business:

  • Tom O’Dougherty Patio: A plan was approved February 1st, 2018. Building Committee 4-1 in favor, Board email 12-0 in favor.
  • Building Rules Change: The Building Committee is working on updates to what is allowed regarding patios and cottage setbacks, and a new rule that requires any plans for a coming year to be submitted to Building Committee before end of July of current year.
  • Board members leaving in 2018: Dick Castele and Barbara Weber.
  • Board members up for re-election: Mary Chidester and Claudia Springer.

Annual Meeting: August 25th (Saturday before Labor Day Weekend)

9:30 A.M. Coffee & Donuts, 10:00 A.M. Meeting, 8:00 P.M. Ice Cream Social

Next Meeting: Saturday, July 21, 2018 at 10:00 A.M.

Exhibit A: 2018 Proposed Changes to By-Laws

Overall Reasons for Changes:

  • To allow for electronic notifications to those that receive email.
  • To add the ability for the Board of Trustees to hold telephone or video meetings.
  • To clarify a few points related to meetings and voting.

Current Language:

IV
Meetings

An annual meeting of the members shall be held on the third Saturday of July in each year, at 2:00 o'clock P.M. at Heidelberg Beach, or at such other time during the month of July or August in each year as the Board of Trustees may determine. At such meeting, Trustees shall be elected, officers and committees shall report, and such other business shall be transacted as may be brought before the meeting.

Special meetings of the members may be called at the direction of the Board of Trustees, the President or the Vice President, or persons holding twenty-five percent or more of the voting power of the members.

A meeting of the Board of Trustees shall be held immediately following the annual meeting of the members, and at such other times as the Board may determine.

Written notice of all meetings of the members, including notice of the purpose of special meetings, shall be given to all members not less than seven nor more than thirty days before such meeting. Written notice of all meetings of the Board of Trustees, except the annual meeting, shall be given to all Trustees not less than two days before each meeting, unless waived.

Specific Reasons for Changes:

  • To clarify that the deadlines for announcing meetings are specifically related to the logistics— the date, time, and place.
  • The deadlines given have been updated to match the current corporate law (at least 10 days, but less than 60 days).
  • To allow notification to be electronic for those that are on email.
  • To allow Board meetings to have the option of a phone or video meeting if an in-person meeting is too hard to arrange.

Proposed Language:

IV
Meetings

An annual meeting of the members shall be held on the third Saturday of July in each year, at 2:00 o'clock P.M. at Heidelberg Beach, or at such other time during the month of July or August in each year as the Board of Trustees may determine. At such meeting, Trustees shall be elected, officers and committees shall report, and such other business shall be transacted as may be brought before the meeting.

Special meetings of the members may be called at the direction of the Board of Trustees, the President or the Vice President, or persons holding twenty-five percent or more of the voting power of the members.

A meeting of the Board of Trustees shall be held immediately following the annual meeting of the members, and at such other times as the Board may determine.

Notice of the date, time, and place of all meetings of the members, including notice of the purpose of special meetings, shall be given to all members not less than 10 or more than 60 days before such meeting. Notice of the date, time, and place of all meetings of the Board of Trustees, except the annual meeting, shall be given to all Trustees not less than 5 days before each meeting, unless waived.

Notice of meetings (Annual or Board) may be given electronically to those who are on the Association’s email list. Written notice to those members that need it must be postmarked by the deadlines noted in the prior paragraph.

The Annual Meeting, or other special meetings of the full membership, must be held in person.

Board Meetings may be held in person, or by conference voice or video call.

Current Language:

V
Voting

At all meetings of the members, each sub lot represents one vote (fractional lots have corresponding fractional votes). The single vote (or fractional vote) for each sub lot should be cast by joint agreement of those who have the right to occupy that sub lot, either under lease or other contract.

A quorum shall consist of a majority of sub lots being represented. (There are currently 100 sub lots. A majority—quorum—would therefore be 51 sub lots being represented.)

Specific Reasons for Changes:

  • To correct a prior error that indicated 100 voting lots (only 98 voting lots).
  • To state explicitly that our custom of printing paper ballots ensures anonymity.
  • To clarify that paper ballots distributed by lot is the only method of legitimate voting. A show of hands is not a legitimate method of voting. A show of hands can be used to generally survey those in attendance of the meeting, but no official action can result from a show of hands.

Proposed Language:

V
Voting

At all meetings of the members, each sub lot represents one vote (fractional lots have corresponding fractional votes). The single vote (or fractional vote) for each sub lot should be cast by joint agreement of those who have the right to occupy that sub lot, either under lease or other contract.

A quorum shall consist of a majority of sub lots being represented. (There are currently 98 sub lots. A majority—quorum—would therefore be 50 sub lots being represented.)

At all meetings of the members, to ensure anonymity and an accurate per lot vote, only printed ballots are allowed. Ballots can only be voted by the member or their proxy. If a motion is made during the meeting to take an official vote that was not planned for, a new meeting will be called so that new ballots can be printed for that vote.

Current Language:

IX
Amendments

These By-Laws may be amended or repealed at any annual meeting of the members as long as at least three weeks’ notice has been given to all members indicating the changes proposed. Amendments to the By-Laws, Property Owners Rules and Regulations, and Building Rules and Regulations must pass by a two-thirds majority of the ballots cast in order to go into effect.

Specific Reasons for Changes:

  • The wording of the existing rule needed clarification.
  • To allow notification to be electronic for those that are on email.

Proposed Language:

IX
Changes to Association Documents

The By-Laws, General Rules and Regulations, and Building Rules and Regulations may be changed at any meeting of the members. The proposed changes to these Association documents must be communicated not less than 21 days ahead of the meeting. The proposed changes must pass by a two-thirds majority of the ballots cast to go into effect.

The communication of the proposed changes may be given electronically to those who are on the Association’s email list. Written notice to those members that need it must be postmarked by the deadline noted in the prior paragraph.