preamble

• Board member, Marty Shecter, is relieved of all duties on the board of directors;
• An oil spill with unknown origins hits Middlesex Beach;
• Tim Switzer demands accountability by the board for work by the facilities committee on otherwise prohibit days; 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 November 20, 2020.

the board meets on Saturday, October 24, 2020

HOA president Margie Cyr called the meeting on Saturday, October 24, 2020 to order at 9:30 AM or therreabouts. [1]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 third meeting in a row.

HOA president, Margie Cyr, introduced John Cullen to the participants of the teleconference call. Cullen and his spouse, Susan, are the new owners of the property at 37 Dune Road. The Cullens jointly own the property with Cullen's Brother-in-law and sister-in-law, Ricky Placide, and Nancy Placide, who live in Richmond, Virginia. Cullen reported that his primary residence is in Boston, Massachucetts. Prior to purchasing the property at 37 Dune Road, the Cullen's owned a condominium in Sea Colony for approximately twelve years. Prior to that John Cullen had been vacationing in Middlesex Beach with his family.

Peggy Taylor of 21 Short Road, Tim Switzer, Jane Switzer of 1 Dune Road also attended the teleconference Meeting.

Holly Dempsey, the owner of 11 Bridge Road, joined the teleconference meeting at 10:05 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.

Board member, Marty Shecter, is relieved of all duties on the board of directors

HOA president Margie Cyr presented the following recommendations for committee chair positions before the board:

• beach patrol: Mark McCallough;
• beautification: Tristan Kruger;
• budget and finance: Alex Sella;
• building: Steve Larson;
• commercial: Carol Paul;
• community facilities: Geoff Sella;
• community patrol: Kerry Hall;
• legal: Ellen Throop;
• social: Nancy Glascow;

Nancy Glasgow reported that a number of community members have expressed interest to her to volunteer their time to perform physcial work in the community. However, she said often the board admonishes or discourages volunteers for performing work that is not authorized by the board.

Margie Cyr responded, saying the community members, who wish to volunteer their time, has to be balanced with the challenges of maintaining proper insurance in case someone were to get hurt while working in the community. Cyr reported that she is in discussions with Geoff Sella and Alex Sella on how to get community members more involved given the insurance the HOA currently has in place does not cover injuries sustained by community members should they get injured while performing work in the community, whereas the board members are covered by directors and officers insurance.

Tristan Kruger reported that the beautification committee has been ravaged after the board asked the committee members to sign a copy of the code of conduct document. Kruger reported that the committee effectively fell apart as the committee members were not comfortable signing the code of conduct document.

Alex Sella moved the board to approve the proposed chair appointments as submitted for the non-standing committees, including the beautification committee, the social committee and the legal committee. Apparently, the chair positions of standing committee do require board approval. Ellen Throop seconded Sella's motion. All board members voted in favor of the motion.

analysis

Marty Shecter, who had held the chair position for the commercial committee, no longer has responsibilities on any committee. Cyr reportedly relieved Shecter of the chair position of the commercial committee in August, 2020. Again, Cyr appointed Carol Paul as chair of the commercial committee.

property manager's report

Debbie Reed reported receiving the culvert repair reimbursement cheque for 27 Errett Road. Reed also reported there were no building violations this past month, meaning September, 2020.

CAS is still working with Delmarva Power on the street lights for Dune Road. CAS provided DP Poll numbers, however, DP said the numbers do not match.

A number of board members plan to meet to review the perform of the landscaping company, Rupert.

Treasurer's report

Steve Larson moved the board to authorize the use of beach reserve funds for costs associated with contracts modifications signed with Gahagan & Bryant Associates. Gahagan & Bryant Associates is the vendor of record in the beach replenishment project. Ellen Throop seconded the motion. All voted in favor of the motion.

An oil spill with unknown origins hits Middlesex Beach

As part of her president's report HOA president Margie Cyr reported that an oil spoil occurred over the course of the week starting Monday, October 19, 2020 near Broadkill Beach, DE. Cyr reported that the cause of the spill is under investigation. Cyr further reported that the municipality of Lewes, DE closed its public beachs in reaction to the spill. At the time of the meeting residents in MXB report began to witness petroleum floating on top of the water at the shoreline.

Cyr, Geoff Sella and Alex Sella met with the representatives of Week's Marine and they confirmed the top layer of petroleum is in fact oil. Cyr announced that she planned to send a broadcast e-mail message about the spill to the community shortly. In fact Cyr published information, detailing the particulars of the oil spill in her broadcast e-mail message dated October 25, 2020.

Beach Replenishment

Weeks Marine, who is involved in the beach replenishment project, plans to begin the movement of small equipment across Middlesex Beach on Sunday, October 25, 2020. The beach replenishment project is scheduled to begin on Monday, October 26, 2020.

Comcast rolls out service to Bethany Beach and South Bethany

Comcast now offers cable services to Bethany Beach, DE and South Bethany, DE. Cyr is scheduled to speak to Comcast to see whether the cable service provider has any plans to offer its cable Internet services to Middlesex Beach.

the demolition project at 30 Dune Road

Unfortunately over the course of the demolition of the property at 30 Dune Road, the flagpole at 30 Dune Road, which the owners agree to not interfere with, was inadvetantly knocked . The flagpole is the property of Middlesex Beach and does not belong to 30 Dune Road. The owners of 30 Dune Road agreed to replace the flagpole.

HOA president Margie Cyr reported that the owners of 28 Dune Road have allocated an area on their property to store MXB property.

The Middlesex Beach board has closed the common walkway at Bridge Road to minimize the risk of injury from the demolition project underway at 30 Dune Road.

Tim Switzer demands accountability by the board for work by the facilities committee on otherwise prohibit days

Tim Switzer reported that on Saturday, October 10, 2020 the facilities committee worked on the beach contrary to the permissible work hours as outlined in the covenants. Switzer reported that the work involved the use of a chain saw. Switzer further reported that the work was being organized by a board member, who voted against the petition ut forward by the Switzers to work on their property at 1 Dune Road on Saturdays. Switzer questioned whether there were two sets of rules over permissible work hours, one for residents and the other for the homeowerns assocation as to when the two classes are allowed to perform construction.

Geoff Sella defended the facilities committee's actions on Saturday, October 10, 2020 by stating that the committee is allowed to perform work on the days that volunteers have time availability and that the committee can choose to engage in work on any day of the week. Sella further reported that historically the facilities committee has operated in this manner without any regard to permissible work hours. However, Sella pointed out that when board members work on their own properties that they then would be subject to the same permissible hours that any other resident is subject to.

Steve Larson stated that he was not familiar with any such existing rule that allows the homeowners assocation to work "whenever" it is convenient.

Tristan Kruger weighed in stating that if volunteers were subject to the same restrictions as residents insofar as permissible work hours that the homeowners association would have no recourse but to pay for contracts to perform the work.

Geoff Sella moved the board to allow board members, volunteers and contractors may work on HOA property at times of convenience without regard to the rules governing residents. Board members are exempt. Tristan Kruger seconded the motion. Ellen Throop, Geoff Sella, Alex Sella, and Tristan voted in favor. Steve Larsen, Margie Cyr, Nancy Glasgow and Marty Shecter opposed the motion. The motion fails.

Unfinished Business

beach replenishment

Larsen reported MXB is in the process of sending out the cheques to DNREC to initiate the state permit review process which will run in parallel. Larsen reported he is in possession of the contract modifications, which was agreed to last board meeting on October 13, 2020, which HOA president signed back. The process is now waiting on MXB forwarding four cheques, covering filing fees, to four different offices within DNEC. (Larsen could not recall the names of the four different offices.)

Steve Larson moved the board to approve the four payments relating to the processing fees to the different offices within DNEC for the beach replenishment permits to be drawn from the beach reserves account. Nancy Glasgow seconded the motion. All voted to approve the motion.

Polaris secure storage

The Polaris is now fixed. The repairs to the Polaris was 1,200.00 (601.00 and 604.00). Cyr said at some point the community should consider replace the Polaris. The community should budget the monies for a replacement in 2021.

Bayberry storage. Is it possible for cover the two vehicles, including the golf cart and the polaris. Dave Greer reported it was too small to park in the current rented storage space that MXB rents.

Nancy Glasgow recommended Precision Golf Cart. The company stores golf carts for the Winter for 200.00 dollars.

selection of the photo for the directory cover

Cyr suggested selecting the photo of the directory cover, asking the community to submit artwork or photographs.

Cyr asked if the social committee could management the selection. Cyr suggested the social committee make the decision of which photo to select for the directory cover.

Mail Bag

(Not Yet Transcribed from the youtube.com video, entitled MXB Wire Monthly Update for November 20, 2020.)

References