September 22 2014 Minutes of the Seabrook Point Property Owners Board of Directors

Board members present: Al Truesdale, Gary Swank, Alan Daigle, Janice Powell, Bob All, and guest Jim Minor.

Al Truesdale called the meeting to order at 6:35 p.m. at the home of Bob All. Al then introduced the meeting agenda. The agenda was approved as presented.

Minutes of the board meeting of July 14th, 2014 were presented and approved as read.

Alan Daigle reviewed the financial statements for July and August 2014. There were no unusual expenses other than those of the attorney who is working on our Restrictive Covenants. Those expenses will continue to increase. The financial statements were accepted as presented.

Guest Jim Minor: Thinks Beaufort County may be interested in acquiring the Seabrook Point roads. Discussion ensued regarding the pros and cons of the Seabrook Point roads being private or public (County owned). If we retain our roads as private we can install a gate system for security, but will also always be responsible for all road maintenance. If the County were to have possession of the roads, the County would be responsible for maintenance. But we would not be allowed to gate the entrance. Jim thinks the county may be favorably inclined toward the association, given the recent discussion of no fire hydrants in the Seabrook Point subdivision and lack of fire equipment to service our community.

Jim hopes to arrange for a group to approach the Beaufort County legislative delegation about the matter of community fire protection. There also remains the issue of unequal taxation for the Seabrook area, as compared with the rest of the county (Notice: this topic involved no more than a very preliminary discussion. No Beaufort County data of consequence was presented or has been received).

Old Business: Preservative treatment of the community dock. Bob All is not comfortable with the coating process he has examined. Bob and Gary Swank will do a comparison test of “Wood RX Natural” against the “Olympic” semi-transparent stain for wear and sun resistance.

Installation of entrance security gate Survey: Janice Powell has been informally polling SPPOA members regarding this topic. Opinions are mixed.

Audit committee: Judy Swank and Patty O’Leary have had to withdraw as Audit Committee members. New members will be appointed. Possible candidates (in addition to Jane Rabon who has already agreed to serve): Nan All, Tammy Waldron, and Peggy Johnson [Nan All, Peggy Johnson, and Jane Rabon subsequently agreed to serve].

New Business

Report on motion regarding Burton Fire District taxation inequalities made by Jim Minor and approved during the SPPOA Annual Meeting, March 31, 2014. The motion was as follows:

“Moved that the SPPOA Board obtain an opinion from legal counsel regarding any legal basis or recourse allowing the Association to pursue action against Beaufort County for the unequal taxation levied against properties within this district for fire district taxes, as compared to the rest of Beaufort County for similar services. Specifically, Tax District 100, the tax district for Seabrook Point, pays nearly twice the tax millage compared to other districts within the County for basic fire protection. And it is requested that the SPPOA obtain an opinion from legal counsel regarding any legal basis or recourse allowing the SPPOA to pursue action against Beaufort County for paying taxes for fire protection that is inadequate. Specifically, there are no fire hydrants located in Seabrook Point, and the Burton Fire District does not possess a tanker truck. We are paying taxes for a service that cannot be adequately delivered due to the lack of water.”

Al Truesdale has investigated the topic as the motion instructed. Attorney Scott Graber was consulted. Rather than spend SPPOA funds unnecessarily, he referred us to the Beaufort County Tax Assessor. The Assessor then referred our enquiry to the County Council. There we were informed by the Council Chairman that the Burton Fire District is a creation of the South Carolina Legislature. Hence, the Beaufort County Council does not control the fire district’s budget.

Note: during Jim Minor’s visit with the Board on September 22, 2014 (see above), in light of what our investigation has established, Jim asked that the Motion in question be withdrawn. Consequently, the Board of Directors will take no further action.

Roads Commission nominees: There are two vacancies on the Roads Commission (Seabrook Point Special Tax District). The Board of Directors must nominate potential members to the Beaufort County Council to complete two unexpired terms. At the end of the unexpired terms, in order to complete a full term of service, the two nominees would have to be nominated again.

Note: by email vote the Board subsequent approved Marvin Goodwin (47 Seabrook Point Drive) and Clifford Dey (8 Stagecoach Drive) as nominees to the Beaufort County Council.

As instructed by our attorney Tom Mikell, to advance the process of revising the SPPOA Restrictive Covenants, we have mailed letters to all current owners of properties identified in 1993 AGREMENT AS TO SEABROOK POINT SUBDIVISION between the McLeod family and SPPOA membership to permit use of the SPPOA boat dock facilities who have not maintained the conditions of continuance stated in the 1993 Agreement. The purpose of the letters is to determine with legal certainty to which property owners the 1993 Agreement currently applies. We regularly receive from Bundy Appraisal and Management a statement of the properties identified in the 1993 Agreement that are current in meeting the conditions.

Letter of Complaint: The Board received and reviewed a letter of protest from SPPOA member [name deleted] against SPPOA member [name deleted] regarding [complaint deleted]. Because of enforcement inconsistencies in the Restrictive Covenants, the Board cannot take action against [name deleted] until a Resolution drafted by attorney Tom Mikell, meant to provide interim enforcement uniformity, has been approved by the Board, reviewed by the attorney, and notice of the Resolution posted to all SPPOA members.

The Resolution in question was presented to the Board and approved unanimously. After being reviewed by our attorney, it will be communicated to the SPPOA membership.

Formative and Summative Planning Assessment: The Board shares Janice Powell’s thought that it should intentionally engage in short- and long-range planning for the Seabrook Point community. The topic was tabled until next meeting. It will be placed on the November Board meeting agenda for consideration.

Tree canopy trimming on SPPOA streets: Al Truesdale will organize a group to trim trees along the right-of-way to the required minimum height.

Mike Gerringer (36 Seabrook Point Drive) submitted a request that SPPOA parking decals be required for all boats owned and used by SPPOA members. The pros and cons were considered. Believing the effort would be too cumbersome to administer effectively, the Board voted unanimously not to take any measures that would activate the request.

However, the standard form for acquiring SPPOA decals will again be sent to all SPPOA members to encourage compliance with the requirement. Members who purchase new vehicles must obtain new parking decals.

Fall Fling: It was decided that, due to lack of participation by the community, we would not host a “Fall Fling”, but would consider having a “Spring Fling” for the association.

The next meeting of the board will be on Monday, Nov. 3rd at the home of Al Truesdale at 6:30 p.m.

The board then voted for adjournment at 8:05 p.m., there being no further business.

Respectfully submitted,

Gary Swank,
SPPOA Secretary