Minutes of December 1998
BALLENA BAY TOWNHOUSE ASSOCIATION
board OF DIRECTORS MEETING
December 17,1998

MINUTES CALL TO ORDER - The meeting was called to order at 7:30 p.m.

ATTENDANCE - Directors Present: Frank, Frankel, and Wiard. Absent Kenyon and Smith. Also present: Manager Rich Noble and homeowners Jim and Audrey Ehrlich, Ruth Masonek, Dick Bacigalupl, and Archie Stone.

PRESIDENT'S REPORT - There was none.

APPROVAL OF MINUTES

Minutes of the October 15.1998 Board Meeting - There were no corrections. MOTION: It was moved, seconded and passed to accept the October 15,1998 Board minutes as presented. FINANCIAL REPORT - Treasurer Bob Kenyon was absent, but his written report was accepted by the Board.

MANAGER'S REPORT

Manager Rich Noble reported on the progress of the construction of new gangways (ramps), and provided an update on the status of the affected homeowners' decisions regarding the configuration of the replacement fingers for Pier #18. He stated that he had executed a contract with Mid-Cal Construction for the project, a copy of which was included in the Director's meeting packets, along with a drawing of the final agreed-upon configuration. Mr. Noble reported that construction on the new dock system had begun, and that he was awaiting an update from Mid-Cal regarding the estimated installation date at BBTA.

Mr. Noble reported that only three roof/building leaks had been reported as a result of the rains, and that two of the leaks may have related to prior modifications to the homes. He suggested that, when the Architectural Committee approves such modifications in the future, they consider a control mechanism for assuring proper construction practices, especially in relation to roofs and exterior walls, for which the Association will become responsible for maintenance and repair. Mr. Noble suggested a possible condition of approval for exterior modification should include a period of owner responsibility for Association costs relative to repairs of exterior water leaks.

Mr. Noble called the Directors' attention to the information on the recent actions of the Federal Communications Commission (FCC) relative to over-the-air reception Devices (OTARD) satellite antennas, regarding the authority of the Association to restrict such installation on common property.

Mr. Noble reported on the latest letter and attachments received from attorneys Fong & Fong regarding the recent actions of the Court of Appeals in the matter of BBTA v. Roger.

COMMITTEE REPORTS:

Architectural - Susan Frank reported that Ms. Linford's garage door had been painted the wrong color, and that the Association would repaint it with the correct color as the wrong formula for color mixing had been supplied. She reported that the committee had approved extension of the Manters' second floor bedroom out over their balcony, and that a similar request had just been received from the Flanigans.

Ruth Masonek stated that she had submitted plans for replacement and expansion of her deck and had received Architectural Committee forms, but that the change did not require the approval of her neighbors across the water. Mr. Frankel apprised her of the City of Alameda's rules regarding firewalls.

Ms. Frank reported that Sheila Tuffs request had been placed on hold, as she was out of town, and that Richard Bacigalupi's window replacement application would be reviewed at the next committee meeting.

Waterside Maintenance - David Wiard reported on floats to be removed and replaced in accordance with the float agreements. Mr. Stone asked Mr. Noble to inquire as to the status of the "contractors' float he had modified for use at BBTA and which had disappeared.

Mr. Wiard reported he had received the report on the depth survey for dredging, and raised the question of who was responsible for the extra dredging needed due to turning of some of the docks. He stated that he had raised the question of who owns the jetty to the south, and that Terry Klaus was investigating. Mr. Stone suggested following up with the City of Alameda.

Mr. Wiard stated that the previous Board had indicated a willingness to approve an extension of Leon Persson's dock, and that Mr. Person was to provide a plan. He stated that the work would be done by the Association as part of the dock work and that Mr. Person would be billed for the cost. It was suggested that it might be good to look at angling the docks when they are replaced.

Finance, Insurance and Legal - There was no report.

Landscape - Bruce Smith was absent and had provided no report.

Nominations and Neighborhood Communications - Jeff Frankel stated that the Nominations Committee was dormant. He apologized for the brevity of the last edition of the newsletter and solicited articles for the next edition.

WRITTEN CORRESPONDENCE - There was none.

NEW BUSINESS

1. Proposal from Ed Riback. CPA for Preparation of Audited Financial Statements and Tax Returns.

MOTION: It was moved, seconded and passed to accept the proposal from Ed Riback. CPA, for preparation of audited financial statements and tax returns.

OLD BUSINESS

1. Driveway Parking - President Frankel stated that he would entertain a proposal to decriminalize parking of passenger vehicles in driveways. It was agreed that the language excluding passenger vehicles in driveways wold be deleted.

ADJOURNMENT

The meeting was adjourned at 8:30 p.m. The next Board meeting will be held on January 21,1999.