Sea Pines Monthly Newsletter for August, 2006

August 30, 2006

Dear Neighbors,

The Facilities Management Board held its scheduled meeting in the Clubhouse at 8:30am on the 26th. A significant number of owners attended the meeting on a blessed summer day in Brewster.

On the personal side of the ledger, the gathering learned that Betty Pease is recovering nicely at home from recent surgery; she is our Co-Chair on the Grounds and Maintenance Committee. In addition, the family of recently deceased Betty Liddle asked if it could donate a bench in her honor; the FMB agreed that it would be nice and appreciated the offer. The Grounds Committee will work with the Liddle family on the matter.

In the first order of business, the financial report showed that the expenditures to date accord with the budget. These numbers, however, must be read with the understanding that there are certain variable expenditures (e.g., legal fees and siding purchases) that could prevent meeting budget by the end of the year.

The Pool Committee will contact pool companies regarding proposals for renovation of the area around the pool. In addition, the committee will submit a proposal for strengthening supervision of the pool area, along with proposed "rules" that are consistent with standards elsewhere. This later matter followed discussion concerning owners and guests ignoring rules (food and glass drinks in the area and running and diving). Some stated that the presence of an older adult attendant may be necessary for proper enforcement of posted rules. Given the periodic unavailability of people to handle the attendant's responsibilities and potential liability issues, some wondered whether the pool should be closed when an attendant is not available.

The board approved a proposal from the Bluff Committee. Sea Pines will not retain a firm to manage the process of preparing a Notice of Intent (NOI) that is required to obtain the Order of Condition which would authorize trimming the Bluff; the new Order must be in place by June 2007. In the new plan, Sea Pines will manage the project and prepare the NOI for submission to Brewster's Conservation Commission (CC) sometime this autumn. This timing should allow for possible revisions before the CC provides the Order. As managers, Sea Pines will retain consultants (e.g., Naturalist, Arborist and an engineering company to do drafting), interact with the staff of the CC, and prepare and submit the NOI. The FMB approved a budget not to exceed $10,000, approximately half of the expenditure for the last NOI effort several years ago.

The FMB discussed the trimming of our property by an abutter and our liability for that property when it is used in authorized activity (e.g., accessing the beach over the Bluff).

The Chair of the Insurance Committee presented several proposals for the policy needed before the end of August. Travelers submitted the only comprehensive proposal; Terry Milligan and Bob Morse participated in the final negotiations. The board considered the various proposals and voted to accept the proposal from Travelers as presented by the TD Banknorth Insurance Agency. The price for the next twelve month period will be $111,958.50, an increase of $33,000 over the last policy period. John succeeded in getting the agency to wave its commission on the initial increase, thereby saving Sea Pines $5,000.

Frank Fiorentino will Chair the Budget Reserves Committee on the afternoon of September 29 in the Clubhouse; owners are encouraged to attend. The timing of, and the amount for, each line item in the reserve accounts will be studied. The committee has been advised to consider establishing reserve accounts for the insurance deductibles for wind and storm damage and for expected expenditures required for future NOI work.

Litigation Corner

  1. The insurance carrier will pay for the legal services required for our defense in the "By-Laws" suit. Attorney Galvin, who initially worked on the matter for Sea Pines, will participate as needed on behalf of Sea Pines, albeit at the expense of Sea Pines.
  2. In the "garage matter" the Court recently ruled that the garage is not part of the adjacent unit but that other issues require a hearing in Court at a date to be determined.
  3. In the "abutter suit," Defendants' attorney has a conflict with the November trial date and succeeded in getting Land Court to try to set a hearing date for January.
  4. Terry is seeking information regarding a possible decision in the adverse possession matter.
  5. Owner Robert S. Denzau reiterated his concerns, initially expressed at the Annual Meeting in June, regarding the costs of, and justifications for, the abutter suit and the adverse possession suit. Mr. Denzau demanded a "written" response by September 12 to the questions contained in a letter that he gave to the FMB and dated August 24. The FMB voted to take his demand under advisement and will take whatever action deemed necessary under the circumstances.

Thank you, Frank Pease, for sending the letter to homeowners in July when I was not available to fulfill my duty.

For the FMB,

Jim Dalton