2021 Meeting Minutes

 

TRANSPARENCY.  We have it at Ballymeade.  All residents can be fully informed on all matters pertaining to this great community we call home.  Below are the 2020 meeting minutes for you to read, more meeting minutes will be added as the year progresses.  Please also check out the minutes all the way back to 2005.  There are several minute documents below (each will be a different color).  Please scroll down.

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Ballymeade Annual Board and Homeowners Meeting

Meeting Minutes - November 2, 2022

 

Present:Pete Haggerty, Mike Petrucci, Ron White (Penco), Phil LaScala

(Cindy DeYoe absent for personal reasons)

Annual Assessment Collection Updates

·       Discussions around list of homeowners who are delinquent with annual dues.   Confirmed status and next steps for each homeowner

·       Ron to remind attorney that no actions should be taken without board approval

·       Delinquent Totals:   7 homeowners

Landscape Update

·       Removal of the following:  dead forsythias; removal of dead pine tree off Morningdale Dr; post storm downed tree limbs within playground area

·       Davey Landscaping pruned bushes on Naamans Rd fence

·       Will install new trees for coverage on the west side of Ballymeade where there was tree removal during new home construction next door there.  

·       Storm basin maintenance all received approval for this year.  (Forever Green Landscaping provides basin maintenance; required remediation this year ran ~ $1500)

·       Various storm drains have partial blockages from down leaves and branches; P. LaScala and M. Petrucci to clear any blockages storm drains from twigs and leaves

·       Stop sign at the corner of Ballymeade and Longmeadow was blocked from view by tree limbs; P. LaScala cut and removed tree limbs around the sign which is again visible

 

 

Architectural Review Committee

 

·       Various ARC requests have been approved including a new desk, new replacement windows front door with glass panes

·       Parking for motorhome approved for 1-2 weeks although it was parked on Shrewsbury for over 5 weeks.   In the future board will enforce a strict time limit

 

 

Update for Deed Restriction Changes

 

·       Mike actively working with attorney’s office on a fixed fee rather than hours worked for updates to deed restrictions.  

·       Potential items to be on the ballot besides a rental cap include solar panel installations and the ability for greater enforcement of deed restrictions.  Ie. trash cans left outside, the parking of commercial, siding mildew, sealcoating driveway

·       Newsletter article will remind homeowners of these types of maintenance needs

 

 

Miscellaneous Updates

 

·       Security camera in normal working order; electrical and internet utility boxes have been secured with a lock; no recent requests for a video footage by law enforcement

·       Various sidewalk slabs need to be replaced as they are being pushed-up be tree roots; estimates for this work will be obtained

 

·       Board will meet again in December 

 

 

Ballymeade Board Meeting

Meeting Minutes

June 29, 2021

1. Collection Status Update

Asking EJ:  to not send additional updates to homeowner #1, Ron to confirm the lien amount of HO

Homeowner #2 – a lien will be placed – Homeowner

Additional 3 HOs have been paid since first letter sent

July 15 – certified letter to be sent to HO outstanding for balance due

Feelers out for new attorney to send letters; not many association attorneys in DE

 

Landscape Update

• Tree mulching completed; Peter will contact landscaper and provide feedback

• Some trees not completed; other not done satisfactory

• Flood behind Boxborough HO will be put in contact with Storm Water Management by Peter

Camera Security

Check that the camera box is locked and secured

Verify with vendor that the box is locked

Sidewalks

Check what sidewalks need to be replaced

Check with new HOs on Shrewsbury about board vacancy

Snow expense reimbursement during month of June; haven’t hit the books yet

Currently under budget; mostly due to timing of the year

Letter sent to HO with xmas lights; a second letter will be sent if they are still powered on at night

Deck lighting along railing is OK

Rental Cap Sub-Committee meeting

Lawyer to write-up new deed restriction for rental cap base on boards parameters

Vote what is included in the deed restriction changes

Mike will send a summary 

Also additionally verbiage regarding solar-panels, commercial trucks, % of backyards used for gardens

3 things to vote on:   1. Rental cap2. Solar panel    3.  Miscellaneous

Need Sean Matthews for clarification of solar panels requirements

Ask lawyers can we fine people who do not adhere to deeds

Initial fees will come out of reserves

If it passes, we can recoup the money from the additional fees

If it does not pass, money can’t be recoup

Suggestion for making deed language simple

Additional fee for people renting their homes; for initial management costs plus on-going additional costs

Garage sale 

about 15 HOs participated

minimum costs, we intend to continue garage sales

Please Slow-down signs

Treasurer checking on HO requests regarding budget and reports

Ballymeade newsletter to go out prior to voting ballad

 

 

    

 Secretary Updates

• Tree roots pushed-up sidewalks along Ballymeade, Shrewsbury, Longmeade have been shaved back to lessen tripping hazards

• Security camera requests have been served to law enforcement for video footage.   Periodic checks and annual cleaning required

• Playground area inspection and maintenance is on-going

• Semi-annual newsletter continues to be published and mailed to homeowners

PENCO

• Slide presented that highlights scope of services provided by Ballymeade’s property management company

Board of Directors Activities and Status

• Slide presented regarding main Board activities, meeting cycles and terms based on by-laws

• Two Board seats and proposed budget voted upon.  

• Vote tally of open seats:  P. Haggerty – 35 | M. Petrucci – 42 | J. Bagnell – 26 | E. Zheng – 11 

• Vote tally of budget approval:Yes – 53 | No – 2 | No vote cast – 6

2. Slide Presentation and Discussion of Rental Cap Proposal

• Much of the content is from New Castle County website and notes from legal consultation of ??

• Overview of presentation includes the following:  

 

 

 

Ballymeade Board Meeting

Meeting Minutes

April 19, 2021

Present:	Pete Haggerty, Mike Petrucci, Phil LaScala, Cindy DeYoe, Ron White (PENCO)

Landscape Update

• Pete H. to follow-up with Boxborough homeowner regarding her questions with the run-off  through her backyard during heavy rains
• Playground mulch will not be replaced this year.   The mulch was inspected and determined to still be in very good condition based on the playground’s lack of use the past year
• Additional sidewalk repair is needed for certain areas that have been pushed so far up by tree roots that they can’t be shaved down any further.   Specific sidewalk slabs are raised so far that they will need to be removed, the tree root cut-out, and the slab replaced.   Mike will provide addresses of exactly where
• Storm water basins inspection due date has been extended 2 months
• Leaning tree behind home on Morningdale property was determined to be outside the Ballymeade community property line
• Pete will ask Davey Tree about a neighborhood discount for lantern flY treatment for homeowners and report back

 

 

Architectural Review Committee Update

• Solar panels – it has been suggested using the renter’s cap ballot to also address homeowner’s desire to change deed restrictions to allow installation of solar panels.  Additional changes may be added to the same ballot if needed
• Mike will setup the first meeting for the renter’s cap sub-committee members.   Details regarding rental cap specifics will be addressed, e.g. grandfathering, ballots
• Community yard sale will be planned for this Spring
• Reserve study discussion regarding when it is necessary to be updated and when it is necessary to have a new study completed.  Mike will update study again this year. When a new study is needed, the funds will come from the reserve.  Phil L. can assist Mike.
• Board votes to perform a new reserve study every 10 years and to determine how often it will be updated and by which board member

 

 

 

 Secretary Updates

• Fence along Naamans Rd. was inspected and had a minor repair completed by Phil L.    An open utility box in the same location had its exposed wiring pushed back inside box and the side panel replaced
• Security camera – Mike P and Phil L will inspect the security camera’s utility box to ensure it is closed and locked after Maginot mentioned in an email that it was open.  Ron White confirmed that he has a key to the box
• Confirmed the camera feeds are currently active and working
• Board meetings will be held more frequently this year while using Zoom
• Trash can audit and playground trash receptacle continue to be handled on regular basis

 

Finance and PENCO Updates

• About two-thirds of the annual dues have been paid and received by homeowners.  Reminder letters will be sent next week to those who have not yet paid.   Ron will provide an update the end of April
• Review and discuss homeowner’s collections status.  Next steps for each delinquent homeowner dues determined, and Ron W. will provide updates as they become available
• Next meeting will take place in about 2 months

Ballymeade Annual Board and Homeowners Meeting

Meeting Minutes

March 11, 2021

This meeting was held via Zoon due to the Covid Pandemic.  The Board of Directors, PENCO Management, and more than a quorum of residents were in attendance.

1. Announcements and Updates

Call to order, review of the meeting agenda

President’s Report – Year in review:

• The Board, with PENCO Management Company, manage a $60,000+ operating budget. This budget provides all the landscaping, snow plowing - all costs
• Reserves continue to grow in line with the recommendation of the 2015 Engineering Reserve Study will be reviewed to ensure funding for future major maintenance
• Ballymeade Maintenance Corporation (BMC) had 7 sales this past fiscal year totaling $3,100.00 available to be placed into the reserve account.
• Ballymead.org web site is a resource for information for all homeowners and renters (i.e. Ballymeade By-Laws, Deed Restrictions, all other corporate docs)

Landscape Update

• Each spring community’s landscaping contractors handle tree fertilizer, street and water basin trees mulchin and general clean-up of all commonly owned property
• Three auto accidents this year required fence repair, entrance sign replacement and/or plant and sod replacement
• Several trees needed removal, cutting over-growth from woods and clearing sidewalks
• Storm water basin compliance cost for maintenance occurred
• Entrance traffic light has been reported several times for long cycle times.   This issue along with other DelDOT related matters may be reported here -  Report An Issue - Delaware Department of Transportation
• Reminders:  * move cars off the street when snow is forecasted  * nothing can be done regarding plows pushing snow in front of a driveway  * sidewalks should be cleared per county code when it snows   * report community woods encroachment  * trash cans should be stored out-of-sight per deed restrictions

 

Architectural Review Committee Update

• Reviewed many ARC requests this year.  All are in line with deed restrictions. 
• Efforts to streamline requests and document have made for timelier process for homeowner; update ARC request for here - http://www.ballymeade.org/files/document/529202321
• Mention of common deed violations and complaints include:   decks and other changes outside that do not comply with ARC standards *  trash cans left outside   * encroachments on community property and wetlands  *  commercial vehicles parked in the development   * no curbing pets    * unkempt yards from high grass and clutter

   

 Secretary Updates

• Tree roots pushed-up sidewalks along Ballymeade, Shrewsbury, Longmeade have been shaved back to lessen tripping hazards
• Security camera video requests have been provided to law enforcement for video footage.   Periodic checks and annual cleaning required
• Playground area inspection and maintenance is on-going
• Semi-annual newsletter continues to be published and mailed to homeowners

 

Finance Update

• Over budget position due to tree maintenance, tree removals and many general repairs resulting from unforeseen events
• 99% of homeowners pay the annual assessments, five homes remain in collection/lien process; penalties are assessed per by-laws while letters and legal involvement are necessary
• An annual assessment increase of $25 is proposed to cover additional landscaping and general maintenance (was approved by vote)
• No landscape enhancement projects proposed for this year – maintenance only
• Capital Improvement Fund/Reserve Fund remain inline with 2015/16 Reserve Study; update study will be forthcoming
• Reserve funds used for sidewalk project and repair of damaged entrance sign
• CDs continue to be rolled over as they mature

 

PENCO

• Slide presented that highlights scope of services provided by Ballymeade’s property management company

 

Board of Directors Activities and Status

• Slide presented regarding main Board activities, meeting cycles and terms based on by-laws
• Two Board seats and proposed budget voted upon.   The result of the voting is below.

Board Member Voting Results: 

• Vote tally of open seats:          P. Haggerty – 35 | M. Petrucci – 42 | J. Bagnell – 26 | E. Zheng – 11
• Vote tally of budget approval:    Yes – 53 | No – 2 | No vote cast – 6            

 

 

1. Slide Presentation and Discussion of “Rental Cap” Proposal

• Overview of presentation includes the following: 
  • Purpose of maintenance corporation is limited to providing maintenance of open space,  common facilities, snow plowing.   This is legal requirement for communities with open space, other common facilities which are jointly owned by homeowners (specified in maintenance declaration)
  • BMC differs from an HOA in that it can’t:  organize events, spend outside of what’s in our Documents, handle disputes, perform work on private property
  • Requirements of board when creating annual budget and what the included costs should be; ‘Per lot’ assessment rate = total costs / number of homes
  • BMC may provide for additional services through a 2/3 approval vote of the members of the Corporation
  • Breakdown of known rental totals by street: Rockmeade 10 homes | W. Boxborough 10 homes | E. Boxborough 5 homes | W. Oakmeade 4 homes | E. Oakmeade 4 homes| Seabury 4 homes | Morningdale 3 homes
  • HO’s may want to form sub-committee to investigate feasibility of Rental Cap
  • Residential Real Estate Attorney and former president of CCOBH was consulted re: Rental Cap and provided the following information:

ÿ       2/3 vote needed to add a rental cap to deed restrictions (60 days from start of voting process); 2/3 vote is difficult, requires much time and effort

ÿ       $2000-$3000 legal fees to update BMC Documents, paid by BMC; yearly fee (tbd) may be charged to renting HOs for this plus future management fee increase   

ÿ       40 known rentals currently; these would be ‘grandfathered’;  PENCO would manage but require more HO info, more monitoring, therefore higher costs

• Deed Restriction update could include:

ÿ       # of rentals allowed

ÿ       Wait list requirements

ÿ       Additional annual fee

ÿ       Information requirements of rental property owner

ÿ       Expanded role of board and additional work required by board members

1. Meeting Opened to Questions or Comments

J. Bagnell request:  For the BMC treasury provide a 12/31 balance sheet, budget forecast, and periodic positions to homeowners throughout the year

• Board will review these requests

J. Bagnell question:  Why was a new engineering and reserve study not performed? if the last study was done in 2015 since reserve studies are normally good for five years

before another should be completed.  

• M. Petrucci indicated that has updated the current study.  Based on his review and estimation of the condition of items in the study, it was determined that budgeting for an updated study could be safely pushed out one more year   

J. Bagnell question:   What is going on with solar panels?  

• P. Haggerty responded that there are no active discussions around solar panels this year for the neighborhood; the topic has been tabled.   A guest of Rep. Sean Matthews, Paul Baumbach who had more information around state guidelines for solar panels was unable to appear, speak and field questions because of COVID.   Previous attempts to get clarity around a vague state law passed last year that lifts restrictions on residential solar panels received little or no response.   

J. Bagnell comments that we wanted details related to previous meeting minutes regarding a bush, located on common ground, being removed by a homeowner.  J. Bagnell wants to know what the board’s response was to this matter and what was done and whether it was resolved.  

• M. Petrucci responded that a neighbor removed a bush that was located close her property but was located on common ground.   The bush covered a utility box but contained thorns that gave the neighbor concerns since she had a young child who played nearby.   Neighbor wanted the bush removed, board said they would not remove it but instead trim back the bush.   Weeks later the bush was replaced with some smaller shrubs around the utility box.  Neighbor had evidently paid to have this done and although it was handled by a landscaper, the board decided to not to press for legal action and instead ‘leave well enough alone’.  The board did send the neighbor a letter explaining the problems with what she had done and not to do something like that again.    

J. Bagnell question:    Will Davey Tree provide HOs a group discount for treating trees/bushes on private property?  

• P. Haggerty will inquire with Davey Tree whether that is something they can do

Question regarding storm water basin maintenance and compliance:  

• P. Haggerty explains that if neighborhood’s storm water basins are kept up to code with NCC inspection requirements, then NCC will provide financial assistance with major repairs

Ron Davis question:   Is BMC still using the same bank CD?   Is anyone shopping for better CD rates?

• C Deyoe responded that CDs remain with the same banks and better rates are not being explored.  Changing banks for a marginally higher CD rate at this time does not justify the amount of time and effort that is required based on the previous time reserves were moved into new a bank and CD account

Ron Davis question:   He notices storm drains that need maintenance or repair.  Who is responsible for the storm drains in the neighborhood?   

• P. Haggerty responds that NCC inspects the basins annually.  They are cleared out by Ballymeade contractor completely once per year for the inspection.  Grass and weeds keep the berm/side intact.
• Question regarding rental cap feasibility and logistics requires more investigation
  • Recommended that a BMC sub-committee, consisting of current homeowners, reporting to the Board be formed to undertake and direct the effort
  • M. Petrucci volunteers to be part of such a sub-committee

Would physical signatures be required for voting on changes to BMC deed-restrictions and Documents?     

• Consensus says ‘yes’, physical signatures would be required

How to know and track when a property is being rented?  Homeowner’s who rent their property may be a matter of public record; confirmation needed; tracking and

management handled by PENCO  

• M. Petrucci:   Although lawsuits are not common per lawyer, liability insurance would be required

 

Important - Anyone able to devote time to serving on Rental Cap sub-committee, please email PENCO’s Ron White at - RWhite@pencomanagement.com

 

 

 

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Board Meeting Minutes – February 04, 2021

 Zoom Teleconference

Attendees: 

Pete Haggerty, Mike Petrucci, Cindy DeYoe, Ron White (Penco), Phil LaScala

 

Annual Dues

•    Ron White provided updates re: delinquency of homeowners annual dues payment
•   What letters have been sent; what letters need to be sent to homeowners
•    Activities of attorney EJ plus decisions re: next steps towards collection

 

Annual Meeting

• Discussion held re: whether to hold annual board meeting vs. postpone for later time

• Feasibility of hosting annual meeting virtually
• Vote held to move forward and host meeting over Zoom
• Homeowners must provide email address to attend virtual meeting
• Discussion regarding timing of meeting vs time needed for mailing of budget info and candidate/nomination forms to homeowners beforehand
• Mailing will go to all homeowners; responses and voting may be submitted via email
• Need representee quorum for the vote:  10% = 24 homeowners

 

BMC Financials

• Review of BMC finances and budget reports
• Difficulties with getting money into the reserve fund
• Less income due to decrease in home sales; more expends due to property damage from vehicles (entrance sign repair; landscaping) and tree maintenance
• Proposed budget for fiscal 2021
• Reserve study projects an annual fee increase needed either this year or next year  
• Vote to increase annual dues by $25

 

BMC Renter’s Cap

• Extended discussions around feasibility, legality, costs, precedence of renter’s cap within a maintenance corporation
• Mike checking scope in charter for home maintenance corps
• Ron identifies CIC Ombudsman
• Additional guidance from DE/NCC gov’t required, guidance of DE attorney too
• Homeowners may form committee to address requirements, provide guidance

 

Annual Board Meeting Agenda

•  Similar to previous years where each member provides slides and summary of past year events
•  Updates on ARC, Budget/Contracts, Landscaping/Maintenance, Security Camera, Projects, etc
•   Address homeowners’ interests in creating BMC renters cap, Q&A

 

Ballymeade Annual Board and Homeowners Meeting

Meeting Minutes

Nov 02, 2021

Present:	Pete Haggerty, Mike Petrucci, Ron White (Penco), Phil LaScala (Cindy DeYoe absent for personal reasons)

Annual Assessment Collection Updates

·       Discussions around list of homeowners who are delinquent with annual dues.   Confirmed status and next steps for each homeowner

·       Ron to remind attorney that no actions should be taken without board approval

·       Delinquent Totals:   7 homeowners

Landscape Update

·       Removal of the following:  dead forsythias; removal of dead pine tree off Morningdale Dr; post storm downed tree limbs within playground area

·       Davey Landscaping pruned bushes on Naamans Rd fence

·       Will install new trees for coverage on the west side of Ballymeade where there was tree removal during new home construction next door there.  

·       Storm basin maintenance all received approval for this year.  (Forever Green Landscaping provides basin maintenance; required remediation this year ran ~ $1500)

·       Various storm drains have partial blockages from down leaves and branches; P. LaScala and M. Petrucci to clear any blockages storm drains from twigs and leaves

·       Stop sign at the corner of Ballymeade and Longmeadow was blocked from view by tree limbs; P. LaScala cut and removed tree limbs around the sign which is again visible

 

 

Architectural Review Committee

 

·       Various ARC requests have been approved including a new desk, new replacement windows front door with glass panes

·       Parking for motorhome approved for 1-2 weeks although it was parked on Shrewsbury for over 5 weeks.   In the future board will enforce a strict time limit

 

 

Update for Deed Restriction Changes

 

·       Mike actively working with attorney’s office on a fixed fee rather than hours worked for updates to deed restrictions.  

·       Potential items to be on the ballot besides a rental cap include solar panel installations and the ability for greater enforcement of deed restrictions.  Ie. trash cans left outside, the parking of commercial, siding mildew, sealcoating driveway

·       Newsletter article will remind homeowners of these types of maintenance needs

 

 

Miscellaneous Updates

 

·       Security camera in normal working order; electrical and internet utility boxes have been secured with a lock; no recent requests for a video footage by law enforcement

·       Various sidewalk slabs need to be replaced as they are being pushed-up be tree roots; estimates for this work will be obtained

·       Board will meet again in December