BALLENA BAY TOWNHOUSE ASSOCIATION
board OF DIRECTORS MEETING
OCTOBER 21, 2004

MINUTES

CALL TO ORDER – President Julie Wiard called the meeting to order at 7:32 p.m.

ATTENDANCE – Directors Present: Jim Nations, Julie Wiard, Audrey Kramer and Robert Larsen. Director Absent: Jeff Frankel. Also Present: Manager Rich Noble.

REVIEW AND APPROVAL OF MINUTES
Minutes of Board of Directors Meeting of September 18, 2004: The minutes were table for consideration at next regular meeting.

Minutes of Annual Membership Meeting of September 18, 2004: The minutes were reviewed and accepted as drafted for submittal to the membership at the next Annual Membership meeting for approval.

PRESIDENT’S REPORT – Julie Wiard deferred her report to the items on already on the agenda for consideration.

TREASURER’S REPORT - At this time the Directors reviewed the financial statement for the period ending September 30, 2004. The report was accepted as submitted.

MANAGER’S REPORT – Mr. Noble reported on weather related building leaks, repair and progress on the current renovation work on Tideway West. He suggested that a Newsletter article be published to the members regarding the potential for wood rot where patio garden soil comes into contact with the wood exterior surfaces. Such conditions have been noted during pre-painting repairs. Homeowners are held responsible for wood rot damage caused due to soil being in contact with the exterior surfaces of the building.

COMMITTEE REPORTS:

Landside/Architectural Committee – Jim Nations reported:

1. Bob Kenyon, 1213 Ballena Blvd., Window Replacement Application – Jim Nation reported that the Committee received Mr. Kenyon’s application on Oct. 6th. The Committee had not met to consider the application, but it was felt that additional information was necessary for them to reach a decision. It was recommended to notify Mr. Kenyon that the application was denied pending receipt of a manufacturer brochure that gave more specific regarding the windows, such as frame width.

Waterside Committee – Rob Larsen reported:

1. Updated Director on several issues related to the work being performed by Western Dock Enterprises, Topper Industries, and communication with Curt Bolton of Clausen Engineers, regarding completion of the docks, gangways, as well as, issues related to breakwater.

2. In addition, Rob reported that Kathy Walker of 433 Tideway express concerns and/or dissatisfaction with the new gangway installed behind her home. Rob will talk with Western Dock Enterprises to see what can be done to resolve this matter.

3. For the record a notice will be directed to Clausen Engineers indicating that the association will not accept the existing breakwater as constructed by Topper Industries, as it does not comply with the BCDC permit minimum dimensions.

4. It was agreed that Director Larsen is authorized to engage the services of Curt Bolton of Clausen Engineers, on a time and material basis for work in resolving the issues relative to the breakwater constructed by Topper Industries.

Landscape /Neighborhood Communications – Julie Wiard reported on the following items:

1. Removal of large pine tree adjacent to 435 Cola Ballena. Rich Noble to talk to Sundance Landscape about determining if the birds have left the nest, so that removal of the tree can proceed.

2. Sundance Landscape will be requested to submit a proposal for removal of the Hollywood Junipers adjacent to the garage/driveway at 1227 and 1229 Ballena Blvd.

3. Manager Noble reported that the common area irrigation system is connected to the water meter that serves the home of Dr. & Mrs. Lloyd Paterson’s at 409 Cola Ballena. The meter was connected to the common system several years ago, in order to automate the irrigation system to the common area along a section of Cola Ballena. Due to increase costs for water and other related expenses by EBMUD, the Paterson’s have requested some kind reimbursement program, as they are being unfairly charged for common area water usage. The Manager has consulted with Sundance Landscape to see if it would be reasonable to connect to a common meter, but it was determined that the expense to do so is prohibitive. It was suggested that possibly a reimbursement arrangement could be worked out between the Paterson’s and the association, whereby the association would pay it’s fair share of the expense for water used from the Patterson’s water meter. The Manager will talk with the Patterson’s to see what can be workout and report back to the Board.

NEW BUSINESS

1. Storage in the Common Area. Letter to be sent to Mr. & Mrs. Thruston, Mr. & Mrs. Viehmeyer, regarding unauthorized parking in designated guest parking areas or storage in the common area.

2. Concern was expressed regarding a Hydro Hoist that is currently installed on the dock fingers at 447 Cola Ballena, as to it’s possible harm to the dock system and that apparently no authorization was granted for the installation by the association. A letter will be sent to the property owner informing them that the Hydro Hoist is not authorized per the CC&R’s without written approval of the Board of Directors and it should be removed.

3. Establishing the 2005 Budget & Assessment – It was moved, seconded and passed to adopt the 2005 budget as presented and set the monthly assessment per unit at $480.00.

4. Letter from Jim & Mary Neil requesting no mooring of boats or watercraft in the slip assigned to their home at 1223 Ballena Blvd. pending the sale of their home. The letter was acknowledged as informational and filed in the association records.

5. Sally Tonnigsen letter. Manager Noble sent letter in response to several of the issues in her letter. Issues still outstanding included Hydro Hoist installed at 447 Cola Ballena (see item 2 above), her request for removal of her name from application for approval of dock finger extension by Owner of 447 Cola Ballena, and dock repair.

6. Tom Bliss letter. President Wiard will send letter to Mr. Bliss in response to his letter regarding pending repairs to his home as part of the current repair and painting project, to clarify the division of responsibility for repairs.

7. Approved registration fee $110.00 for President Wiard and 1st Vice President Jim Nations to attend the upcoming EHOA Maintenance Seminar.

8. Director Kramer and Jim Nations presented proposed amendments to the Architectural Guidelines relative to windows and doors. Director Kramer will present draft of proposed amendments to the Board for final approval.

9. Review of Architectural request of Mr. & Mrs. Ross, 451 Cola Ballena to replace existing sliding glass door with wood frame glass door. Current Architectural Guidelines do not allow wood framed glass doors, but amendment to Guidelines is being consider.

ADJOURNMENT – The meeting adjourned at 10:10 p.m. The next regular meeting is set for November 18, 2004, at 7:30 p.m.

___________________________
Secretary