Terramar Beach Community Improvement Association

Annual Meeting Minutes

June 9, 2007

The annual meeting was held at the neighborhood pavilion.

Members Present:

Wanda Greer – President, Bonny English – Vice President, Pat Kirk – Secretary, John Ringrose – Treasurer, Section 1 – Ed Hartman, Section 2 – Jeff Baker, Section 3 – Diane O’Neall, Section 4 – Kim Saxon, Section 5 – Charlie Warren, Section 6 – Kathy Ringrose, Section 7 –Peggy Thompson, Marina Section – Stan Krupa..

Nominating Committee:

Mike Dyess, Dorothy Arnold, Sherry Speece

An informal discussion was held with Brandon Wade, Assistant City Manager, and he spoke regarding the new sewage treatment plant. Dianna Puccetti, District 6 Representative, spoke about the Texas Open Beaches Act and the issue of golf carts on the beach. Officer Whiting discussed safety and children driving golf carts.

Wanda Greer thanked the neighborhood volunteers and presented them with gifts. These people included Barbara Bowe, Ron Froncek, Lloyd Pepper, Kathy Ringrose, and Phil Svec. Kathy Ringrose presented Wanda Greer with a gift for her service as President to the neighborhood.

The meeting was called to order at 11:10 a.m. and a quorum was established.

Diane O’Neall reported on the accomplishments of the Board in the past year. These included: a new fence around the pool, new pool furniture, landscaping at the main entrance, the pool, and the pavilion, new roofs for the pavilion and mail box area. She stated that the community will be surveyed to determine what future improvements are desired.*

*Amended June 14, 2008 to reflect that Diane O’Neall stated that the community has been surveyed to determine what future improvements are desired.

The minutes from the June 10, 2006 meeting were distributed to the assembly. Nelda Sullivan made a motion to amend the minutes and Frank Stahl seconded the motion. Motion carried. Fred Duncan made a motion to amend the minutes and Bernd Linden seconded. Motion passed.

Wanda Greer thanked Linda and Ben Owens for their help in getting the neighborhood a discount on the new pool furniture. She also thanked Raymond Thompson for raking the beach last summer, removing the oleanders from Terramar Blvd., and for building the new cabanas at the pool.

A suggestion was made that future correspondence within the neighborhood should be posted on the Terramar Beach website.

Kim Saxon read a statement regarding the current status of the neighborhood. The Board had hired an attorney to send Cease and Desist letters to two residents of Terramar Beach due to an email. The attorney for the Board, Trish Taylor, advised them that under the by laws of the subdivision it did not appear that proxy voting should be allowed. The Board sent a letter out on May 25, 2007 to notify residents that proxies would not be allowed at the annual meeting. Two board members filed a law suit and won a Temporary Restraining order to maintain the status quo until this issue could be decided in court.

Dorothy Arnold spoke about her position on the Nominating Committee. She stated that the other two members already had decided on a slate of candidates prior to the meeting of the Nominating Committee.

Section Reports:

Section 1 – None

Section 2 – Weeds in ditches.

Section 3- Pool keys available after the meeting.

Section 4 – None

Section 5 – None

Section 6 – None

Section 7 – None

Marina Section - None

Dredging Report:

Stan Krupa reported that the committee for dredging name has been changed to Protection and Restoration of Bay Shoreline Committee. He discussed the cost of the last dredging in the year 2000 and that the G.L.O had absorbed some of the cost. The committee is currently trying to work with government agencies to secure funds for help in future dredging. Placement of the dredged material was discussed. At this time, Pocket Park #4 appeared to be the best option for placement of the sand. Another option was to create an island by the navigation channel. Potentially, this could be accomplished within the coming year.

Doug Eibsen, Past President, spoke regarding annexation of two areas in Terramar. The first is proposed Section 9, an area behind the Marina. The second is proposed Section 10, fifteen acres located across from the pool area. No formal agreement with the developer has been approved at this time. The Board has signed a letter of intent with regards to the proposed Section 9. Final plat and deed restriction are needed from the developer. Frank Stahl stated that the Board has a duty to make sure that new deed restriction are fair and comparable to existing deed restrictions in the neighborhood. Sylvia Sullivan offered to supply a wetlands report on the area behind the Marina.

Linda Owens stated that Raymond Thompson intended to fill in the wetlands at the Marina area if they are mitigated and questioned why the proposed Section 9 would have different deed restriction than the Marina section. She also expressed concerns that the 72 new homes in the proposed new sections would create a strain on the infrastructure of the neighborhood.

Bernd Linden questioned whether the Board would vote regarding the annexation or if the matter should be voted on by the residents. The Board’s attorney, Trish Taylor, responded that annexation is not mentioned in our by laws or deed restrictions.

Raymond Thompson of Blue River Enterprises reported that he had recently purchased the fifteen acres across from the pool. He stated that the deed restrictions will be superior to any section of the subdivision if he is annexed. He expressed his desire to be a part of Terramar Beach; however, if a mutual agreement could not be decided upon, he will develop anyway. He also reported that the approximately three acres located behind the Marina will be composed of thirteen lots. Lot sizes from 6,000 to 10,000. The minimum square footage of homes will be 1,200 square feet. At this time, the wetlands in this area have not been mitigated. Mr. Thompson stated that he would be willing to build another pool or another boat launch. He is also working with the city to bring roads and utilities to proposed Section 10. Questions from the assembly were entertained. He was asked to change the elevations of the houses he intends to build. He replied that he builds what his customer wants. He was also asked if he has any connection with Anchor Realty. He replied that he knows of this company but has no connection to them.

Elizabeth Atchley stated that Blue River has ulterior motives. She also read the by laws concerning the Nominating Committee. Mike Dyess, a member of the nominating committee, said that his wife, who was on the slate of nominees, was nominated by someone else and that the by laws are not clear in this area. Wanda Greer, the President, agreed that the by laws need to be amended.

Wanda Greer thanked the Board and bought a palm tree as a dedication for their service.

Old Business:

Ms. Haliburton read the minutes from the 2005 annual board meeting and stated that the original $22,000 set aside for the fence at the pool included a new lock and keys. She questioned why we are now required to purchase a new key. Wanda Greer responded that the Board of Directors chose to charge for new non-duplicating keys due to increased cost. Trish Taylor, attorney for the Board, stated that the by laws does allow the Association to charge for new pool keys.

New Business:

The slate of officers presented by the Nominating Committee are as follows:

President – Doug Eibsen

Vice President – John Ringrose

Secretary – Charlie Warren

Treasurer – Margie Dyess

Section 1 – Ed Hartman

Section 3 – Pat Kirk

Section 5 – Bonny English

Section 7 – Rick Gonzalez

Bernd Linden made nominations from the floor and Linda Vaccaro seconded the nominations.

President – Ed Nadalin

Vice President – Bob Majewski

Secretary – Linda Owens

Treasurer – Marcy Anderson

Section 1 – Ed Hartman

Section 3 – Pat Kirk

Section 5 – Bonny English

Section 7 – Alice Lincecum

Steve Olivera nominated Diane O’Neall for Section 3 Director and Mark Foster seconded the nomination.

Candidates then spoke concerning their qualifications and why they should be elected. The assembly then voted by written ballot.

Trish Taylor, attorney for the Board, explained that voting practices would be different this year due to the Temporary Restraining Order. She took the ballots and the proxies with her to be counted at a latter time after both attorneys could consult on the manner in which they would be counted. The results would be posted as soon as the current legal issues are settled.

Meeting adjourned at 1:30 p.m.

Submitted by:

Pat Kirk, Secretary