Board of Directors Meeting February 6, 2010
The Board met in Graham at Bryan Insurance office
at 9:30am.
Directors present were Mike Veresh, Jay Turner, Paul Pulliam, Greg
Fitzgerald,
John Connally, Vic Clesi and
Directors not present were Scott Wheatley and Dennis Cannedy.
The meeting was called to order
I. A date for the Annual meeting was discussed. The Annual meeting will be June 12, 2010. The meeting will be held at the Chamber of Commerce if the building is available. Directors reviewed the membership form.
II. Directors accepted the resignation of Dennis Cannedy. A motion was made by Mike Veresh to appoint Jim Lattimore to fill Cannedy’s term. Jay Turner seconded the motion. A unanimous vote approved the appointment of Lattimore.
III.
A tax case report was given by Robert
Aldrich and Greg
Fitzgerald. The tax case was scheduled
to be heard by the Court of Appeals in December. Mr.
Patterson’s lawyer filed an
IV. The trash issue was discussed. BRA will no longer contract for leaseholders trash pickup, directors were informed that according to the PK Water Supply attorney’s they could not bill leaseholders for trash service. It was also pointed out that the location of the dumpsters that have been on BRA property would not be allowed in the future.
V. Concerns over FERC boundaries were discussed. Although the BRA board approved a request to decommission the dam, the request has not been filed with FERC authorities. Directors recognized that the FERC boundary remains a major concern for many leaseholders considering purchase of the property. PKLA directors will forward questions to BRA regarding the action on this matter.
VI. The Resale contract contains language for a mandatory Home Owners Association. Directors were reminded that HB 3031 did not address an HOA. When BRA was questioned about the mandatory HOA in the Resale contract, Matt Phillips, Customer Relations Manager, stated that legislative intent was established for an HOA in HB 3031in the Senate committee. Matt pointed out that a review the Senate committee broadcast video link: http.//www.senate.state.tx.us/archives/ramv.php?ram=00004360 at exactly 39 minutes and
56 seconds into the discussion, Senator Uresti asks Senator Estes if it is the intent of HB 3031 to be consistent with a divestiture agreement between BRA and any third party “according to RFB number 09-04-391and all of its amendments?” The answer given by Senator Estes is “definitely yes.” Addendum 2 of the RFB allows for an HOA by stating that “Under the RFB, the successful bidder is free to assign all or any portion of its interest and/responsibilities to a Property Owner’s Association. “
HB 3031 language regarding the resale contract, Section (b)(2)(B) states:
“Leaseholder and Purchaser will enter into a purchase and sale agreement in substantially the form as agreed to between the Authority and Purchaser, which form will be attached to the Contract.” The bill goes on to enumerate eleven requirements which, “at a minimum” must be included in the resale contract.
Basically when Senator Uresti requested to have HB 3031 consistent with third party RFB then an HOA can be established by Patterson as the successful bidder. Association directors will request more information from Patterson on the mandatory HOA.
VII. A motion was made and second to adjourn. The meeting adjourned at noon.