preamble

• candidates for the board make their final pitches at the Fall Community Meeting;
• the board elections at the Fall Community Meeting return the same board members back with fresh terms in office, prompting a number of former board members to question whether a person of authority tampered with the results;
• the board votes to oust Ellen Throop as Vice President and replaces her with Steve Larsen;
• the board votes to ban all audio and video recordings of the board meeting;
• Tim Switzer and Janie Switzer of 1 Dune Road engage the board in a heated exchange over performing work on their property on Saturdays; and
• a look at the mail bag.

My name is Gregory Pichler with the MXB Wire reporting on location and you are watching my monthly update for October 24, 2020.

candidates for the board make their final pitches at the Fall Community Meeting

(Not Yet Transcribed from the youtube.com video, entitled MXB Wire Monthly Update for October 24, 2020.)

the board elections at the Fall Community Meeting return the same board members back with fresh terms in office, prompting a number of former board members to question whether a person of authority tampered with the results

(Not Yet Transcribed from the youtube.com video, entitled MXB Wire Monthly Update for October 24, 2020.)

the board meets on Saturday, September 26, 2020

HOA president Margie Cyr called the meeting on Saturday, September 26, 2020 to order at 9:32 AM. Board members Ellen Throop, Geoffrey Sella, Alex Sella, Tristan Kruger, Marty Shecter, Nancy Glasgow, and Steve Larsen were in attendance. Carol Paul was not in attendance for the second meeting in a row.

Larry Binkley from 21 Bayberry Road also attended the meeting. At one point Geoff Sella disconnected Binkley when Binkley initially did not identify himself. However, Binkley rejoined the meeting after identifying himself presumably via a text message exchange with Sella.

Sean Sokolowski joined the meeting as the board went into executive session at 10:00 AM or thereabouts.

the board votes to ban all audio and video recordings of the board meeting

HOA president, Margie Cyr, moved the board to approve an order by which there be no recording of the board meeting in any format either in part or in whole. Ellen Throop and Nancy Glasgow both seconded the motion. There was no discussion on Cyr's motion. All board members voted in favor of the motion.

the board votes to oust Ellen Throop as Vice President and installs Steve Larsen in her place

Margie Cyr opened the meeting to discuss the first agenda item, which was the internal organization, e.g., board positions. Tristan Kruger nominated Margie Cyr as HOA president. Ellen Throop seconded the nomination. All board members voted to approved Cyr as HOA president.

Alex Sella nominated Ellen Throop as HOA Vice President. Geoff Sella seconded Alex's nomination of Ellen Throop as Vice President. Nancy Glasgow nominated Steve Larsen as HOA Vice President. Marty Shecter seconded Glasgow's nomination of Steve Larsen as Vice President.

Margie Cyr stated after consultations with Geoffrey Sella and Ellen Throop that the board needs to be "looking forward" to 2021 and what the succession will be in terms of board leadership in 2021. Cyr reminded the board that she will not seek re-election in 2021 and as such Cyr will not be seeking re-election as HOA president. Cyr stated that whoever would be voted in as Vice President needs to be prepared to assume the presidency in 2021.

Alex Sella weighed in stating that historically a board member within the executive committee had succeeded the president and not necessarily a board member occupying the position of vice president.

The executive committee consists of the President, the vice president, the past president, the treasurer, and the secretary.

Margie Cyr stated the HOA president position is in effect a "full time job" and a person who performs the duties of the presidency on a part time basis will presumably not make an effective HOA president. Further, Cyr stated that the person who succeeds her as president must have knowledge of the organization and a knowledge of the community. Cyr further stated that anyone the board advances to the position of president needs to be "prepared".

Geoffrey Sella weighed in agreeing with Cyr that the HOA president position is like a full time job and that the candidate needs to be prepared, however, Sella disagreed with Cyr in that the board member who succeeds her as president needs to be the vice president. Sella did state that any president needs to have experience on the board.

Cyr agreed with Sella in that the board member advancing to the presidency does not necessarily need to be the vice president, however, Cyr thought the progression from vice president to president was more "normal".

Steve Larsen weighed in stating that due to the fact that half of the board turns over on an annual basis that it is impractical to plan for a succession of authority.

Alex Sella, Geoff Sella and Ellen Throop voted in favor of Throop retaining the position of Vice President. Nancy Glasgow, Marty Shecter, Steve Larsen, Tristan Kruger and Margie Cyr voted in favor of Steve Larsen for the position of Vice President. By a 5 to 3 vote the board voted to advance Steve Larsen as vice president.

Tristan Kruger nominated Alex Sella as Treasurer. Ellen Throop seconded Kruger's motion. Tristan Kruger stated that Sella has a good idea of what the associations finances are. Kruger went further to state that Sella is "genetically inclined" to handle the position given his father's profession, that being as an accountant.

All board members voted to approved Alex Sella as treasurer.

Geoffrey Sella nominated Ellen Throop as Secretary. Kruger weighed in saying he likes having the secretary position if only to be a member of the executive committee. Kruger further stated that he has received help from board member, Nancy Glasgow, which affords Kruger access to the executive committee had he only occupied the chair of the beautification committee.

Geoff Sella, Alex Sella, Elen Throop, Nancy Glasgow, Steve Larsen, Marty Shecter and Margie Cyr voted to advance Ellen Throop as secretary. Tristan Kruger voted for his re-election to the position of secretary. By a 7 to 1 vote the board voted to advance Ellen Throop as Secretary.

Alex Sella motioned the board to enter executive session. Marty Shecter seconded Sella's motion.

The board went into executive session at 10:00 AM to discuss violations, consultation with council, and delinquent assessments for which Ellen Throop reported sixteen demand letters to delinquent accounts were sent out on Friday, September 25, 2020. Apparently, sixteen homeowners continue to be delinquent in settling their respective assessment.

Delware approves beach replenishment projects for Bethany Beach and South Bethany

HOA president Margie Cyr announced that the state of Delware has approved beach replenishment projects for both the municipalities, Bethany Beach and South Bethany. An engineering firm will at some point be dredging sand from the ocean floor to the beaches.

In the past these engineering firms have requested access to the beach at Middlesex Beach to travel across the beach.

Geoff Sella stated that Sussex County and DNREC both have easements on the South end of Middlesex Beach and on the South end of the beach at Sea Colony, but the county does not have any easements between the two. Sella stated that he is in possession of the site plans for the replenishment project and would be ameniable to forwarding these plans to any member of the community.

In 2015 or thereabouts the county engaged Great Lakes Dredging and Dock Corporation to perform the work. However, the county has hired a different vendor to execute the contract. Sella did not specifically name the vendor that the county awarded the contract to.

the vendor responsible for preparing the beach replenishment permits charge the association for unforeseen work

Larsen reported that GBA Coastal Engineering, the firm which the association has engaged to prepare the association's beach replenishment permit applications, is now ready to submit the state permits. In 2019 the association had signed a contract with GBA Coastal Engineering worth 20,000.00 dollars to prepare a beach replenishment permit application for the state of Delaware. In effect the association is piggybacking off the Sea Colony permit, due to the fact that the association does not have the resources to proceed with engineering designs of a project of this scope in isolation.

Larsen further reported that GBA Coastal Engineering has been billing the association progress payments, according to the contract. Larsen reported that as part of the contract that should any "unforeseen" work or unexpected work materialize over the course of the project, the vendor would notify the association of the nature of such work prior to performing the work and solicit approval from the association prior to engaging in such work and subsequently billing the association for such work.

Larsen further reported he is now in receipt of two "modification requests" to the contract e.g., in effect invoices, each having material financial effects to the association. The first of the modification requests was for 5,000.00 dollars for work performed in earlier in 2020. Apparently, GBA Coastal Engineering billed the association for a "kick off meeting" on May 21, 2020 with the Army Corps of Engineers. Larsen reported that GBA Coastal Engineering concedes in their material that the engineering firm did not seek approval from the association. As a result of the meeting with the Army Corps of Engineers GBA Coastal Engineering had to fill out an environmental questionaire. The vendor billed the association 3,000.00 dollars to attend the meeting and another 2,000.00 dollars to review the meeting. Larsen further reported that insofar as the vendor performs what is otherwise regarded as "unforeseen" or unexpected work, the vendor is contractually obligated to notify the association in advance, which the vendor conceded it neglected doing so.

Larsen further reported that he questioned why a kick off meeting with a regulatory body would be an "unforeseen" event given the routine nature of such a meeting.

Ellen Throop weighed in stating that if Larsen's report touches on legal ramifications of a contract that any discussions would be better served if it were held in executive session. In effect Throop scuttled the topic and the matter was then hastily tabled for executive session.

the MXB Polaris is in the shop

Facilities committee chair, Alex Sella, reported that the community-owned Polaris is in a service shop in Selbyville, Delaware. In fact Sella dropped off the Polaris on Friday, September 25, 2020. The homeowners association reportedly purchased the Polaris used in 2014 or thereabouts. The Polaris has been in operation for approximately six years. The Polaris has been serviced in the past as recently as 2019. In 2019 the association reportedly paid 3,000.00 to service the vehicle.

Sella reported that he anticipates receiving a quote from the repair service over the course of the week, starting Monday, September 28, 2020 as to what is the problem with the utility vehicle and what it will cost to repair the vehicle.

Sella further reported that in the interrim while the Polaris is in the shop that he has rented a four wheel UTV vehicle for four weeks to support the regularly schedule maintenance projects that are in plan for the Fall of 2020.

HOA president Margie Cyr weighed in stating that the association should make a determination as to whether to continue to service the vehicle or whether to replace the vehicle altogether.

Marty Shecter weighed in saying that the association should wait for the estimate from the shop in Selbyville prior to making a determination as to whether to continue to service the vehicle or whether to replace the vehicle altogether.

Tim Switzer and Janie Switzer of 1 Dune Road engage the board in a heated exchange over performing work on their property on Saturdays

Tim Switzer and Janie Switzer, who own the property at 1 Dune Road solicited the board to waive the restriction of performing work on their property on Saturdays prior to the date whereby work on Saturdays is allowable. The Switzers have been working off of a permit to demolish and rebuild the property at 1 Dune Road, since the Switzers reportedly first took out a permit in December, 2019.

In 2015 the board developed a permissible dates and times document which outlines the allowable timeframes in which Middlesex Beach property owners can perform work. The document allows property owners to work on Saturday in the off season, starting November 1, 2020. In effect the first Saturday that property owners can perform work on a Saturday would then be Saturday, November 7, 2020 as November 1, 2020 falls on a Sunday.

In his introductory material Tim Switzer voiced the point that a finished project is a "good" project, and that any means of reducing the duration of construction project benefits the community.

Apparently, in the Spring of 2020 Tim Switzer and Janie Switzer solicited the board to waive restrictions on construction over the Summer season. The board had rejected that request, citing any waiver would be in violation of the covenants. Prior to that the board has repeatedly levied punitive fines against the Switzers for a variety of violations including a 2,000.00 punitive fine reportedly over disturbing folliage on Middlsex Beach property adjacent to the property at 1 Dune Road.

At one point the board reportedly upended the Switzer's progress on their property, demanding that the Switzers produce an approval letter from DNREC prior to any further work on the property. The property at 1 Dune Road is not oceanfront and as the DNREC flood lines do not cross the property at 1 Dune Road, the Switzers do not need any approvals from DNREC for work to proceed on their property. In any event That one demand by the board reportedly delayed any work on the property at 1 Dune Road for three weeks.

HOA president and former chair of the building committee, Margie Cyr, admonished the Switzers for failing to take advantage of working on Saturday, when the opportunity was available in the Spring, earlier this year.

Janie Switzer defended her handling of the construction project by stating that when contractors are waiting on materials, which happens often, there is nothing for the contractors to do. Switzer then took Cyr and the board to task for what she framed as an unreasonable adherence to policies and rules on the part of the board. Switzer went further, admonishing the board for cultivating what she characterized as the "poor" reputation Middlesex Beach has amongst the greater resort community, and in particular with seasoned real estate agents due to the infighting between the board and the community members. [The MXB Wire is covering this story in the upcoming investigative report entitled, Passed Over, currently due for release on November 20, 2020.]

In support of their proposal to waive the restrictions on working on Saturdays, the Switzers presented signed materials from a number of their neighbors, stating that these neighbors take no issue with the Switzers performing work on Saturday.

Steve Larsen reminded the Switzers that HOA president Margie Cyr did in fact waive restrictions on the available work hours in the Spring. Larsen also reminded the Switzers that at no time did the board operate outside the covenants in effect to "shut down" the Switzers.

HOA president stated that the prospect of granting the waiver to the Switzers would constitute a grave disservice to the members of the community, who respect and adhere to the building rules as interpreted by the covenants.

Ultimately, the Switzer's empassioned plea fell on deaf ears as the board voted to reject any waiver to the work restrictions in a four to four vote. Geofrrey Sella, Marty Shecter, Nancy Glasgow and Tristan Kruger voted to grant the waiver whereas Steve Larsen, Alex Sella, Ellen Throop, HOA president Margie Cyr and voted against any waiver. The Switzers would have needed five board members to vote in favor of the exemption for the Switzers to work on the Saturdays prior to November 7, 2020.

Resort Quest, who has sold their assets to VACSA, petitions the board to replace their current sign with one, advertising VACSA

Commercial chair, Marty Shecter reported that commerical resident at 33260 Coastal Highway, Resort Quest, has sold their real estate business to Vacsa. At first Shecter could not recall the name of the incoming organization that purchased Resort Quest until he was reminded of the incoming organization by HOA president, Margie Cyr.

Shecter further reported that Resort Quest filed an application with the board to replace the current sign, advertising Resort Quest, with a replacement sign of the same dimensions. Shecter also reported that the application by Resort Quest is also seeking to change the sign on the business directory.

Shecter stated that the current sign advertising Resort Quest, satisfies the association's covenants, and that the application submitted by Resort Quest also satisfies the association's covenants.

All of the board members voted to approve the application put forward by Resort Quest.

the board approves the demolition of the property at 30 Dune Road

The owners of 30 Dune Road, Billy, Terri and Trey, filed applications to the board to demolish the current structure and an application to build a new structure on the property. The owners are also petitioning the board to reclaim the driveway that MXB commendeered to erect a fence, a flag pole and scrubbery on MXB property adjacent to the guard house, which happens to be situated on a portion of the property.

The property (which was originally built by Errett in 1959 or thereabouts, who is the great uncle of the surviving family members, who now own the property) survived the Ash Wednesday Nor'eastern storm of 1962. The property was later relocated to the Western most portion of the property and rotated 90 degrees.

The current owners of the property lease the portion of the property to accommodate the guard house at the end of Bridge Road. However, the current owners report that the association erected the adjoining fence and the flagpole on what is association property, which now restricts the owners plans to install a wide driveway on their property.

The board approved an application for the demolition of the property at 30 Dune Road. The board also voted to retract the fence, flag pole and the scrubbery off the property adjoining the guard house to accommodate the owner's plans to install the driveway.

Mail Bag

(Not Yet Transcribed from the youtube.com video, entitled MXB Wire Monthly Update for October 24, 2020.)

References