KICA Board of Directors Meeting APPROVED
[FIRST SUBMITTED AUGUST 20]
Present: Pete Trees, President Joe Bunting, Staff
Townsend Clarkson, Vice President Mike DeFalco, Staff
Tom Keating, Treasurer Jessica Schoeffield, Staff
Pat McKinney, Director
Buddy Darby, Director (Late arrival)
Jon Weitz, Director (Late arrival)
Others in attendance are listed on the meeting attendance sign-in.
Absent: Bill Wert, Secretary
1. Call to Order - Verifying quorum, Mr. Trees called the meeting to order at 2:05 p. m.2. Approval of Minutes from June 20 Meeting - Mr. Trees asked for a motion to approve the minutes from the previous meeting. Mr. Keating moved approval of the minutes. Mr. Clarkson seconded the motion. This 2-3 vote was carried unanimously by those in attendance.
3. Administrative Reports
A. Joe Bunting, General Manager
1.a. Encroachment Request-154 Flyway - (Enclosure) Joe introduced the request for encroachment onto KICA property in order to build a driveway and avoid removal of trees on the property. He stated that this was a revised request from the owners, who were denied encroachment at their last request. Mr. Clarkson mentioned that he had visited the site, and after seeing the locations of the electrical transformers, believes that the owner had changed the plans for the driveway at the board's direction. Mr. Keating said that the driveway could still be moved more onto the owner's property. Mr. Clarkson disagreed, stating that the owner seems to have done his best, and that the ARB had approved the owner's plans. Mr. Trees stated that he was not convinced that the owner did what the board asked him to do. Mr. Clarkson moved acceptance of the encroachment request, based on the revised site plans. No second to the motion was made. This issue could not be voted.
Mr. Weitz arrived at this point.
1.b. Encroachment Request-155 Flyway - (Enclosure) Joe explained that the owner of this property has asked to be granted encroachment onto KICA property in order to remove and install plants for landscaping purposes. Joe went on to say that KICA staff does not oppose the removal and installation of plants, as long as Land and Lake Management guidelines are followed, especially when pruning near the pond edge. Mr. Keating stated that the property appears large enough for the owner to landscape without encroaching onto KICA property. He was concerned that, if the property ever sold, the new owner might not maintain the land. Mr. McKinney disagreed, saying that most property owners extend their landscaping to the edge of the street. He continued, stating that the land looks like part of the front yard of the property, and the owner probably wants to control the appearance of the entrance. Mr. Trees paraphrased the owner's request as a promise to take care of the property. He stated that he was taken aback when he saw a drawing of KICA property with someone else's landscaping plans on it. He said he felt it was presumptuous to assume that people want to look at extravagant landscaping.
Mr. Darby arrived at this point.
Mr. Trees went on to say that he was not as opposed to this request as he was to the neighboring property at 154. Mr. McKinney asked what the KICA guidelines are for lagoon-edge maintenance. Joe replied that the guidelines are very simple, requiring a three foot buffer edge that is pruned twice a year, with no mowing to the edge. He stated that the owner's plans are consistent with the guidelines. Mr. Clarkson stated that a letter of understanding between KICA and the property owner as to what specific guidelines and expectations KICA has for the property. Joe replied that he would draft a letter. Mr. Clarkson moved approval of the encroachment request. Mr. McKinney seconded the motion. This 2-3 vote was carried unanimously by those in attendance.
3.A.2. Covenant Violation-Surfsong Rd. - (Enclosure-confidential to protect member's privacy) Joe described to the board an ongoing situation that staff was having with the owner of a property on Surfsong Rd. He stated that he would like to keep the owner's name and address confidential. The owner had pruned trees on his own property and trespassed to remove vegetation from his neighbor's property and from KICA's property. The owner left the debris in several large piles and did not clean them up. Joe explained that the Association had gone as far as it can to penalize the owner with daily fines. He asked for permission to seek a decision from small claims court, with KICA's interest represented by staff. He suggested that before a court decision is sought, mediation or arbitration could be pursued. Mr. Trees stated that he was in support of Joe's request. He explained to those in attendance that KICA had been polite in trying to gain the cooperation of the owner for six months, to no avail. He went on to say that he believes the Association should be able to enforce the rules that it sets. Mr. Clarkson moved authorization of Joe and another staff member to represent KICA in small claims court. Mr. Keating seconded the motion. Mr. McKinney asked that, if Joe seeks and receives what he believes to be a reasonable resolution, would he have the authority to affect it, or would he need to return to the board or Operations Committee for approval? Mr. Trees told Joe that he would need to confer with the Operations Committee before moving forward. This 2-3 vote was carried unanimously by those in attendance.3.A.3. Status of Recreation Department Recommendations for Additional Boat/RV Storage - Joe reported that the Recreation Advisory Committee had been working on finding space that KICA could use for boat and RV storage. He stated that Emmy Lou Anderson, chair of the RAC, met with Mr. Clarkson to discuss possible sites for such storage. Joe went on to say that Mr. Clarkson may have a site, which would be given to KICA on a temporary basis. He reported that KICA is in the process of determining the number of boats the space can support and what the startup cost would be for the Association. Joe stated that he hoped he would be able to report on this topic further by the September 12 board meeting.
3.A.4 Admin. Office - Second Floor Completion - Joe reported that the Finance Advisory Committee recommended that this item be tabled until KICA needs the space on the second floor, as there were no pressing needs for it within the next few years. He mentioned the possibility of KICA needing the space for either security offices or ARB offices, but that neither possibility was foreseeable in the near future. Mr. Trees stated that, while it would be nice to find more space for the Conservancy, it is not KICA's responsibility to fund the construction of offices for them.
3.A.5. Y2K Open Forum Schedule - Joe stated that the next open forum will be held on Thursday, September 7, at 4:00 p. m. at the Sandcastle.
3.A.6. LRP Board and Committee Chair Workshop-KICA Vision Retreat - (Enclosure) Joe advised the board that this workshop will be held on October 19 at the Sandcastle, and will be facilitated by Diana Permar.
3.A.7. Long Range Plan Status Report - Joe reported that, as of the June 20 board meeting, 63 items were complete from the LRP "to do" list, 42 items were underway, and 8 items were pending. The term "pending," Joe explained, was a euphemism for items that staff and committees had not begun. He went on to report that there are currently 68 items complete, 38 items underway, and 7 items pending. Joe stated that staff plans to update the status of the LRP report on the web site monthly.
3.A.8. Land Appraisal for Ocean Course Common Property - (Enclosure) Joe explained that he was bringing this item to the board because there was a possibility that the Ocean Course owner, KI Resort, would like to extend their property, and were perhaps considering coming to KICA with a request in the future. He stated that he went to Appraisal Associates of Charleston and asked for an estimate for appraisal of the land. He found that the cost of a thorough appraisal would come to $7000 or more. The Association could also consider hiring the company on an hourly basis of $150 per hour. Mr. Keating stated that he did not think the appraisal was necessary yet. Mr. Trees explained that he had already sent a letter to the committee chairs, asking them to develop a "wants list." He stated that, if the committee chairs had a list of things they might want in return for the sale of the land to the Resort, there would be some incentive for beginning negotiations. He continued, saying that the "wants list" had been delayed. Mr. Trees then stated that an appraisal of the land would be difficult, since the ability to build on it is restricted. He expressed his agreement with Mr. Keating, and asked that the appraisal be put off until the "wants list" is developed. Mr. Weitz asked if there was any interest in selling the land to the Resort. Mr. Clarkson agreed that there was no need to do an appraisal and spend money since the issue was still speculative. Mr. Weitz clarified for the board that the Resort had not asked KICA to obtain an estimate for appraising the land. Mr. McKinney pointed out that KICA might lose some land initially, but would perhaps pick up more land later, depending on the design developed by the Resort's architect. Mr. Trees stated that KICA could not proceed without a member referendum. Mr. Darby wanted to assure Mr. Weitz that the board would try to support the bettering of the Ocean Course golf experience by allowing them use of the land, if the design came to that. Mr. Keating stated that he did not disagree, but that he wanted to make certain that KICA got something in return.
3.A.9. Status Report on the MUSC Celebrity Players Tour - Joe stated that the golf tour will be from September 21 to September 25 with an estimated 2000 visitors to the island per day. Mr. Trees informed those in attendance that there had been some difficulty in getting information on the golf tournament from the Resort and KRA, who co-sponsored the event. He went on to say that KICA's new Special Events Policy had not been followed properly. He stated that, since it was a charitable event, there was no charge for holding it, and there was no reason for KIR and KRA to not volunteer information. Mr. Trees emphasized the need for KICA staff to be aware of special events in order to prepare for increased traffic flow through the main gate. Mr. Trees asked for the cooperation of both entities in the future.
3.A.10. 2001 Annual Meeting - Joe informed the board that the Resort had offered KICA the use of the East Beach Conference Center for the annual meeting. The meeting is scheduled for Saturday, March 3, 2001 between the hours of 3:00p. m. and 5:00p. m. He thanked the Resort for their generosity. He continued, saying that staff had begun work on an automated proxy card to make it easier to achieve quorum. Mr. Trees asked for a resolution [sic - Covenant Amendment] at the annual meeting to reduce the quorum requirements. He stated that he had already asked the Governance Committee to consider it and make a recommendation to the board. He went on to say that he thought it was unnecessary to give individual committee reports at the annual meeting. Mr. McKinney voiced his agreement.
3.A.11. Security Report - (Enclosure) Joe stated that over the weekend of June 26, a guest's vehicle caught fire at the main gate. He recognized Officer Marty Waterman's quick actions in putting out the fire. He went on to say that the July Fourth weekend was a quiet one.
3.A.12. Recreation Report - (Enclosure) Joe thanked the Recreation Advisory Committee for its hard work.
a. The RAC and the FAC did not recommend the implementation of a $10 per week fee for use of the Sandcastle pool by joint owners. A member had requested the fee at the June 20 board meeting. Mr. Trees gave some background, stating that there have been many complaints by joint owners who have to pay a fee this year that they did not pay last year. He stated that some properties have up to 15 owners. Mr. Trees admitted that for several years, these owners did not have to pay a fee, but with the renovation of the pool, the board decided to reinstate the fee.
b. The RAC had also been discussing the relocation of the wash station at the Rhett's Bluff boat landing. He explained that Mike would address the issue in his financial report.
3.A.13. Mail Vote - (Enclosure) Joe notified the board that the mail vote regarding the widening of a leisure trail as a part of the Turtle Point golf course renovations by two feet. The mail vote passed unanimously.
3.A.14. Response to Member Comments from June 20 Meeting - (Enclosure - issue relates to item 3.A.12. a.) Joe responded to the comment that KICA should use the Sea Pines Community Association as a benchmark for developing a welcome center, since theirs is so well designed. Joe stated that KICA agrees with this comment and will continue to study the Sea Pines welcome center along with the other Kiawah Island entities.
Joe then responded to the comment from last month's meeting that the list of KICA's alternate attorney's should be available on the web site and that open forums and board meetings should be scheduled at later times so that working or non-resident members could attend. Joe stated that the list of KICA's alternate attorney's is on the web site, in the "Library" section. He went on to say that the board had considered later open forum times, as well as evening and weekend meetings, and made a decision based on the attendance of Town Council meetings to keep the open forums and board meetings in the daytime.
The final comment from the previous meeting was that there should be a clause in the contracts of those licensed to work on Kiawah which would require them to leave work sites in the same condition in which it was found. There had also been concern about the staging area on Governor's Drive which was a mess. Joe explained that the Governor's Drive area would be cleaned up within thirty days and that KICA's contracts already have a clause requiring workers to leave sites they way they found them.
3.A.15. Hotel Site Lagoon & Drainage Memo of Understanding - (Enclosure) Joe stated that this item was just a status report and not a vote as indicated on the agenda. He informed the board that he anticipated a first draft of the memo of understanding from the Resort within two weeks. He also stated that he hoped to bring the draft to the September 12 board meeting for the board's perusal.
3.A.16. Charleston Triathalon Club Request for Annual Triathalon on Kiawah - (Enclosure) Joe notified the board that this triathalon would, if approved, begin and end at Beachwalker County Park and that a Special Events application had already been sent to the club. He requested a board vote in support of the event. Mr. Darby moved approval of the annual triathalon. Mr. Clarkson seconded the motion. Mr. Trees asked Mr. McKinney why the board should support this event. Mr. McKinney replied that the triathalon had become a prestigious event and that Kiawah is really the only place in Charleston where the race can be held. Mr. Darby stated that the triathalon also brings business to the Resort during a slow time of year. Mr. Clarkson states that it is a way to give back to the community. This 2-3 vote was carried unanimously by those in attendance.
B. Mike DeFalco - Controller1. Second Quarter Variance Report and June Financial Statements - (Enclosure) Mike read the results of the second quarter finances. There is a $90,000 surplus in the General Operating Fund.
Non-agenda item - Mr. Weitz asked if there were any additional measures that could be taken towards mosquito abatement, since ATAX money could be used to fund such measures. Joe replied that KICA follows state and county guidelines for mosquito spraying. He stated that, after the rains, the Lakes Department sprayed larvicide in places of high mosquito density, like the Preserve, catch basins, and standing water. He stressed that KICA needs to know immediately if Resort guests or Association members have problems with mosquitos so that the area can be treated. He stated that the best thing for KICA to do was to treat the area with larvicide before problems arise with adult mosquitos. Mr. Darby asked that Joe find out what the county does in other areas in order to ensure that they do the same treatments on Kiawah.
3.B.2. Rhett's Bluff Wash Station - (Enclosure) Mike presented an additional funding request for $3500 to move the wash station at the RAC's recommendation. The committee submitted a proposal to move the wash station, which is currently located on the launch ramp, to an area at the foot of the ramp. He told the board that the most expensive part of moving the wash station would be pouring the concrete and re-routing the water line. Mr. Darby asked if the area around the proposed wash station would be landscaped. Joe replied that it would be landscaped to match the boat launch area. Mr. Darby moved approval of the additional funding request to relocate the wash station. Mr. McKinney seconded the motion. This 3-3 vote was carried unanimously by those in attendance.3.B.3 Status of Five-Year Projections -Mike stated that he was still working on the projection. He informed them that he expected to present the FAC with a first draft, which Mac McCannon will then present to the board at the September 12 board meeting.
3.B.4. Status of Financial Controls Manual Update - Mike explained to the board that the Financial Controls Manual was passed approximately one year earlier and was already in need of updating. He stated that a meeting was scheduled for August 10 with Lynn Woody from the FAC, Mac McCannon, and auditor Mike Johnston to go through the manual and makes changes. He then stated that whatever changes were made would ultimately need board approval.
4. Committee Reports
A. Governance Committee: Nomination Committee Process - (Enclosure) Mr. Trees introduced Leo Fishman, chair of the Governance Committee, and asked for his report. Mr. Fishman addressed the board, stating that Wayne Hyatt, covenant consultant to the GC, suggested the idea of developing a nominating committee. He explained that at the year 2001 annual meeting, two Property Owner Director positions on the board will be available. The committee discussed the proximity of the Town's elections to the annual meeting, and addressed the concern that there would be a lack of qualified candidates willing to run for the two board seats. Instituting a nominating committee could be a possible solution to the problem. The GC decided that it is both for and against the idea. Mr. Fishman summarized the reasons for being against such a committee as the following: it could perpetuate the existing political institutions on the island; the problem requires a long-term solution which would get people to want to serve their community, by perhaps hiring a Community Services Representative or forming a Community Services Committee; informal encouragement of potential candidates seems to work well enough without a nominating committee. He stated that it was, in his opinion, impossible to arrive at a consensus and turned the issue over to Mr. Trees for discussion. Mr. Trees stated that he was in favor of putting together a nominating committee, as long it is a small, diverse committee, for board approval at the September 12 meeting. He went on to say that he believed the committee would only need to be active between September 12 to October 24 to put forth their nominations. Mr. Darby supported the idea of a nominating committee, and suggested that it be approved by the Operations Committee rather than by the full board. Mr. McKinney moved approval of the development of a nominating committee. Mr. Darby seconded the motion. This 2-3 vote was carried unanimously by those in attendance.
B. Land Management Advisory Committee: Status of Landscape Revitalization Plan and Recognition of Dr. Bob Cowgill's service to the island - (Enclosure) Mr. Trees introduced Dick Sula, chair of the LMAC. Mr. Sula briefly described the nature of his committee's work. The committee's largest effort is the Landscape Revitalization Plan, which addresses four major areas. He stated that DesignWorks had been contracted to survey the areas of the Kiawah Island Parkway, Governor's Drive, and the major intersections within the next several weeks. He went on to explain that in-house cul-de-sac renovations will begin within the same approximate time frame, and that the committee had decided to keep the leisure trails natural. He spoke about the LMAC's Environmental Subcommittee, which was working on determining whether wildlife was being inhibited by anything done on common property. The subcommittee had also recently reviewed the Operating Standards Manual to eliminate contradictory information that appeared in other manuals. The information was consolidated into a draft called The Land and Lakes Management Guidelines. The guidelines will eventually come to the board for approval.
Mr. Sula noted that a member of the LMAC, Dr. Bob Cowgill, was leaving the island. In recognition of Dr. Cowgill's immense service to Kiawah, Mr. Sula and the LMAC proposed that Marsh Island Park be renamed "The Bob Cowgill Nature Park." Mr. McKinney suggested that, in the future, committee recommendations be discussed by the board in executive session. Mr. Darby stated that he had no problem with naming the park after Dr. Cowgill, but he pointed out that there are many people who deserve recognition on the island and that perhaps recognition could be given to all of those who have contributed their time to the Association. Mr. Trees asked Joe to develop a proposal for a sort of community recognition plaque for review at the next board meeting.
Mr. Darby then offered to ride through the island with Mr. Sula to inform him of the reasoning behind some of KRA's landscaping. They discussed plans to meet within the next several weeks.
Mr. Trees stated that he, Mr. Sula, and Joe had been disappointed that the launch of the Landscape Revitalization Plan was slow, and that they hoped to speed up the process.
C. Covenant Compliance Committee: Routine Status Report and Summary of Rental Agent Meeting on July 24 - Mr. Trees introduced Joe to give the report in the absence of chair Bill Gamble. Joe informed the board that Mr. Gamble had called a meeting with rental agents (all agents were invited - the following three attended: KIR, Great Beach, and Pam Harrington) and members of KICA staff on July 24. He told the board that meetings with rental agents will be held on a quarterly basis. He explained that KICA had agreed to develop a bulleted handout for distribution at the V-gate describing rules for visitors to the island. He went on to say that agents were also interested in distributing the Conservancy video in their rental units. Joe told the board that he had been interested to learn that rental agents hire their own trash collection services for weekend collection because the dump closes before normal checkout hours. He stated that Atlantic Beach Court does not get Saturday trash pickup at all, which is a problem since 30 of the 41 properties on this court are rentals. He informed the board that the three rental agents present at the meeting would consider a joint effort to pay the salaries of the workers at the dump in order to keep it open longer on Saturdays. He concluded by stating that KICA and the above rental agents were planning to work very closely on resolving the difficulties between residents and visitors.Non-Agenda Item - Joe asked the board to take special note of the preliminary drawings for the main gate and V-gate provided by the Security and Safety Advisory Committee in their minutes. Joe stated that he wanted to alert the board that the SSAC would be making recommendations, possibly at the next meeting, for retaining an architect to do design work on the gates.
5. Other Unfinished Business
A. Pete Trees1. Proposed Changes to Standards Manual - Mr. Trees summarized part of the 1994 Development Agreement which stated that each committee would have two board liaisons, each of whom would name one-half of the committee. He explained that there was a proposal to reduce the number of board liaisons per committee to one, but not more than two. He read the proposal aloud and asked for a motion to approve it. Mr. McKinney moved approval of the change to the Standards Manual. Mr. Keating seconded the motion. This dual-majority vote was carried unanimously by those in attendance.
6. Other New Business
A. There was no other new business.
7. Adjournment - With no further business to conduct, the meeting was adjourned on motion duly made and seconded.
Submitted by: Approved at 9/12/00 Meeting
Jessica Schoeffield William G. Wert
August 20, 2000 Secretary
Member Comment Session
August 1, 2000
There were no member comments following the meeting.
Executive Session - Pete Trees
Submitted by: Approved at 9/12/00 Meeting
Jessica Schoeffield William G. Wert
August 20, 2000 Secretary