2022 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 Board Meeting Minutes Nov 3, 2022

Ballymeade Board Meeting

Meeting Minutes

November 03, 2022                        

Attendees:   Mike Petrucci (President), Peter Haggerty (Vice President), Jim Bagnell (Treasurer), Phil LaScala (Secretary), Ron White (Property Manager, PENCO)

 

Rental & Deed Restriction

• Mike remains in contact with the attorney for consultation on the deed amendment and ballot write-up

• Jim will take up some of the remaining tasks needed to complete deed updates and ballot
• Two-thirds of all HOs must vote ‘Yes’ within 60 days for ballot to pass

 

Architecture Review Committee (ARC)

• No recent ARC requests have been submitted
• Question whether 318 Rockmeade Dr. had submitted an ARC request; Ron will check
• Board agrees NCC should be contacted and a fine should be levied against Boxborough homeowner concerning ongoing concerns with the following:
  • vegetation overrunning property, vegetables grown in the front yard
  • plants push-out across the easement and drainage ditches dug in backyard 
  • soil removed from pond
  • Mike will contact NCC and submit paperwork in regards to these concerns

 

Landscaping updates

• Pond has been treated for algae
• Tree pruning and elevation has been completed
• Homeowner of 801 Boxborough Dr has inquired about health of nearby Oak
• Tree located on the private property of a Ballymeade Dr homeowner has been reported to Penco because of branches overhanging in the path of the sidewalk (Board cannot touch this)

 

PENCO Updates

• Few home sales during the past 6 months; no current listings or outstanding settlements
  • tracking report of Sales/Capital Assessment has been provided
• Collection status update and report was provided -  $8159.49 overdue as of 11/02/2022
• Particular homeowner is communicating and sending checks directly to BMC attorney
• Homeowner of 318 Rockmeade Dr. appears to be renting the property
• Two separate reports to DelDot
  • sunken storm drain on Shrewsbury Dr
    • drain repaired Nov.18
    • crumbling gutters at the corners of Ballymeade and Oakmeade Dr. plus Morningdale Dr; both have received acknowledgements
• Letters sent to homeowners about trash cans left outside

 

Secretary Update

• Maginot Security camera and network switch has been replaced; cameras cleaned and

      fully operational

• Sidewalk repairs completed; same cost should be budgeted to 2023
• Pickleball court resurfacing and line painting has been completed
• Storm drain clearing of leaves and debris will be done as needed for November
• Playground inspection and trash removal are fine
• Security camera documentation to be shared with Treasurer

  Treasury Updates

• General financial health of BMC is good
• Insurance invoice is due and to be paid
• Review of checking account and future needs indicates that cash on hand should be increased
• Alternative investments for the reserve are being considered
• Current CDs are coming due and will require a visit to the bank to change name on accounts; signature card and latest financial statements from Ron will be required

 

Miscellaneous

• Feedback provided around format for next annual meeting; more time to be devoted for discussion, while less time spent on BMC presentation and updates
• In-person or Zoom meeting format will be decided closer to the meeting date
• Discussion regarding homeowners who keep holiday lights up year-round; more attention will be provided moving forward and letters sent to homeowners
• Discussion regarding Ballymeade entrance sign decoration for holiday
• Question regarding pickleball net storage during the winter; Jim may have room in his garage; no complaints related to pickleball noise

 

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Ballymeade Board Meeting

Meeting Minutes

May 03, 2022                   

Attendees:   Mike Petrucci, Peter Haggerty, Jim Bagnell, Phil LaScala, Ron White

 

I.             Board Member Roles

• Roles have been agreed up with one update from last year, Treasurer
•  President - M. Petrucci, Vice President - P. Haggerty, Treasurer - J. Bagnell, Secretary - P.LaScala
• Board is actively looking to fill the open board seat; Ron W. to send an email asking HOs toconsider volunteering

 

II.           Amendment Resolution, Ballot Updates

• Mike is in contact with the attorney about next steps and any questions
• Attorney to write-up draft of the ballot; it will be presented to the Board for review, questionsor updates
• Attorney to advise/recommend on differences of 1 vs. 2 ballots; templates for clear andconcise ballots, recommendations to the Board for getting ballots returned on time
• Planning, coordination, communication is critical as the ballot is sent and will include:  
• Two-thirds of all HOs must vote ‘Yes’ within 60 days for ballot to pass
• Pete to post on the Ballymeade website details around new amendments /restrictionsbeing proposed

 

III.          Landscaping

 Updates include:

• Dead tree on W. Oakmeade; Davey to check and advise on removal
• Large pine on W. Oakmeade downed twice from storms; Davey to advise
• Shrewsbury Dr. - dead branches within one of the trees need to be checked by daveyabout removing
• Notify Evergreen about mowing grass at the end of W. Boxborough
• Soil removal at the edge of pond; Mike addressed HO personally
• Evergreen can replace/fill-in holes; HO will be invoiced for the cost
• Evergreen has a labor shortage; dropped 30 odd residential accounts w/in Ballymeade  
• New trees and shrubs planted on the end of W. Boxborough that was left exposed from theremoval of trees on the adjacent non-Ballymeade property

 

IV.          Secretary updates:   

Sidewalk replacement:             

• work begins May 03 by Ronal Construction
• HOs should be aware a crew will be working along Ballymeade for ~ 1 week weatherpermitting
• Email notifying HOs to be sent; Ronal asked to notify P.LaScala with questions, concerns

Other:

• Security camera functioning normally
• Camera info to be shared with Jim B.  No recent requests for video footage updates;
• Trash receptacle letters sent by Ron W. to HO were effective
• Tennis court – metal signs to be replaced; Ron W. to get quote for resurfacing and pickleball lines

V.           Treasury Updates

• Brief discussions of the follow:
• Financial status of BMC
•  HOs with delinquent dues
• How the Board handles delinquent dues   
• Cindy D’s name should be replaced with Mike and Jim’s from BMC accounts at the bank
• Check whether I-bonds are a product BMC is eligible to invest in

 

 

VI.          ARC Updates and Yard Sale

• Recent ARC requests include new decks and basement egress
• Ballymeade yard sale is scheduled for sale May 14           
• Mike will set up sign at the entrance and place posting in the Delaware News Journal, plusdigital posts on Facebook and Nextdoor
• Pete will post the yard sale information on ballymeade.org
• Discussion of HO with deed restrictions violations for involving backyard trenches that are causing issues with storm-water run-off and safety

 

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Ballymeade Annual Homeowners Meeting Minutes        

Date:                     February 28, 2022

Time:                     7:00pm

Location:              Remote, Zoom

Attendees:            Mike Petrucci, President | Peter Haggerty, Vice President | Cindy DeYoe, Treasury | Phil LaScala, Secretary

Ron White, PENCO Property Manager | Approximately 15 Homeowners (Note: voting on the budget and board members was completed prior to the meeting by mail.)

 

1. Introductions and Review of Meeting Agenda

 

1. President’s Report, Year in Review

 

• Ballymeade is a highly desirable community to live in, property values are rising.
• The Board, with PENCO Management Company, manage a $66,000+ operating budget.  This budget provides all of the landscaping, snow plowing - all costs.
• Our Reserves continue to grow in line with the recommendation of the 2015 Engineering Reserve Study to ensure funding for future major maintenance / replacement. The $450 Capital Improvement Assessment from new home buyers increases the Reserve Fund.    We had 11 sales this year totaling $4,950.00 in reserve income.  Our reserve fund is in great shape and will cover all repairs for years.
• Our web site is a great resource for information for both new and long term homeowners, renters also.  The community’s “Corporate Documents” are on the website (By-Laws, Deed Restrictions, etc.) and the website is an archive for minutes and other important documents:     www.ballymeade.org      
• We hope homeowners read and enjoy the community newsletters which we hope homeowners find informative and enjoyable
• Snow Removal – When snow is forecast, please get your cars off the streets to result in optimal plowing. Townhouse roads are plowed as wide as possible, but parked cars affect this in a major way.  There remains nothing that can be done about the plow pushing snow in front of your driveway. You are required to clean your sidewalks (per County Code).
• Annual assessment inaccurately stated in mailing to homeowners as $250; annual assessment is $275

 

1. Landscape Update

 

• The community is responsible for the landscaping on all community property along with the “street trees” – trees installed on the single-family home streets located between the sidewalk and the curb.  All community owned landscaping is fertilized each spring and maintained carefully. Each spring after the general clean up our edges and mulches all street and water basin trees.
• There were no auto accidents this year (three last year that required fence repair and/or plant replacement).  After several years of having to fall some very large trees we didn’t have to this year.  We are lucky because now there is the need to react to the removal of all the trees where the new house is on Naamans.  We plan on installing some fast-growing trees to block Naamans Rd out of view.  It will still be many years to block the lights and noise.
• We also had an unexpected cost with our storm water basins to comply with the county’s annual inspection.  The ponds are now 23/24 years old so more must be done to keep them up.  We had to treat a small number of community owned trees for the spotted lantern fly.  We toured the development weekly all summer keeping an eye out.
• There has been a request to paint Pickleball court lines onto the tennis court.  This is being done in communities nationwide with the increased popularity of the game.  Two Pickleball courts can be painted on the one tennis court – one on each side.  Discussion and costs are needed.

 

 

 

Reminders:

• Deed Restrictions require trash cans to be stored out of sight from the street.
• Snow Removal – When snow is forecast, please get your cars off the streets to result in optimal plowing. Townhouse roads are plowed as wide as possible, but parked cars affect this in a major way.  There remains nothing that can be done about the plow pushing snow in front of your driveway. You are required to clean your sidewalks (per County Code).  Ron is good at sending an Email reminder!!!
• Encroachment on community woods or wetlands is strictly prohibited; please report if you see it.  This happens with single family homes adjacent to the woods/wetlands.

 

1. Architectural Review Committee Updates

 

• Purpose – To manage and oversee compliance of community deed restrictions and regulations all homeowners have agreed to abide by in efforts to maintain neighborhood architectural integrity and maximize property values
• Remember … it’s all about the overall aesthetic appearance of our development … which has a direct impact on desirability to live in Ballymeade; restrictions and regulations are not meant to impede directly on individual homeowners but ensure the overall common good of the entire community 
• Deed restrictions are readily available on our web site, provided at home sale / settlement to buyers, included in welcome letters, and distributed via periodic mailings to all homeowners; PENCO Management is there to help with questions
• If you are not sure of what is permissible, call or e-mail PENCO Management before any work is done; telephone number and email address on website
• Members of the ARC Committee spent a good amount of time to streamline request documentation in efforts to make the process much clearer, more efficient and timelier for all parties (homeowner / ARC Committee / PENCO / contractors); we believe process has improved 100% with the enacted streamlining efforts and turn around and project completion are occurring in a much timelier fashion!
• Requests for roof solar panels will go through standard ARC approval process,
  • HB58 supersedes Ballymeade deed restrictions
•  
• New ARC Request Form: http://www.ballymeade.org/files/document/529202321
• Community generally in sustain / maintenance mode
  • A good portion of your community is now 24 years old; the rest is one or two years younger.  So Landscape maintenance, tree planting, etc. has increased.  So have ARC requests for exterior enhancements.  BUT please check the ARC guidelines and deed restrictions before any work is initiated; if you change colors, original construction, or appearance, pre- approval is required.  A fully revamped ARC process and required forms has proven to more efficient … with reduced turn time from start to finish of the required ARC submissions, ARC review, ARC approval or denial.  There were 8 ARC requests over the past year, with the majority for replacement fences and decks

 

1. Past Deed Violations / Complaints

 

• Parking of cars on sidewalks and too close to street corners or Mailboxes
• Exterior construction / changes without submitting an ARC review.
• Trash cans not being stored in garages
• High grass/weeds, unkempt yards, yard clutter (County Code)
• Encroachment on wetlands (Federal Law)
• Commercial vehicles parked in the development.
• Not cleaning up after their dogs; dogs not on leashes (County Code)

 

 

 

 

1. Board Approval of Violation / Fine Resolution & Rental Amendment

 

• The board has retained a law firm to write documents for the following purpose.

1. Better define the ability and scope of the board to levy fines for non-compliance of deed restrictions and ARC violations.
2. Rental amendment to control the number of rental properties in the development and enforce these new restrictions and recoup cost associated with implementing this new process.

 

1. Violation / Fine Summary

 

• After a reasonable period of time and multiple requests to correct the violation/ or cease the activity, the board can impose a fine.
• Owner may request a hearing within 10 days after notification.
• Fines shall be added as an additional assessment.
• Fine amounts will be defined based on the type of violation.

 

1. Rental Restriction Summary

 

• Owner must first use the property as their primary residence for 2 years before they rent the property.
• Owner and tenant must have a written rental agreement & supply that agreement to the Property manager.
• No rentals less than (30) days
• Owners are responsible for failure of the tenant to comply with all rules & deed restrictions.
• Any increased administrative costs incurred by these new rules can be recouped as an additional assessment to the rental property owners.

 

1. Ballot for Changes to Deed Restrictions

 

• Miscellaneous Updates / Changes to Deed Restrictions
• (Goal – Clarify and add restrictions based on past issues)
• Update definition of Work vehicle to add vehicles with commercial signage ( Section 7)
• Vegetable Garden can only be 1/3 of backyard (section 4)
• All Owners required to provide Email address for communication to eliminate the cost of mailing newsletters etc.
• Fence & Deck material can be wood or other material approved by the ARC (Section 9)

 

1. Secretary Updates

 

• Keep summarized record of each board meeting
  • Copies of past meeting minutes are kept on the ballymeade.org website
• Continued Sidewalk Maintenance
  • Sections of sidewalk around the neighborhood continue to be uplifted because of growing tree roots.  Certain sections may need to be removed, tree roots shaved back, and sidewalk section replaced
• Security cameras management
  • Vendor support needed for Q1 camera cleaning, Q4 system outage
  • No requests the past year for video footage by law enforcement
  • Periodic login and monitoring
• Minor maintenance around Ballymeade
  • Fence repair, tree pruning, storm drains cleared to avoid flooding
  • Playground equipment inspected and trash receptacle emptied
• Semi-annual community newsletter

 

1. Finance Update

 

• 2021/22 Fiscal Year
  • We have managed all aspects of the community using the approved 2021/22 Budget
  • We hope to come in close to budget by the end of February with a large tree project planned and the possibility of more snowstorms.
  • 99% of homeowners have paid the annual assessments, five homes remain in the collection / lien process; all penalties have been assessed per the community by-laws; follow-up letters and legal involvement have been necessary. 
• 2022/23 Budget Proposal
  • The 2022/23 budget assumes no increase in the Annual Fee. The Annual Fee will remain at $250.00.
  • No maintenance / repair projects have been proposed for the 2022/2023 fiscal year.
  • Late payment penalty of $25.00 will continue to be assessed; on-time payment is essential for a successful fiscal year
• Per By-Laws, approval of 2022/2023 Budget proposal is required
• The current amount of funds in the Capital Improvement Fund / Reserve Fund is in line with recommendation of Engineering Study performed in 2015/2016
• Board has established financial model of forecasted cash needs for asset material maintenance cost or total replacement given age of community asset, estimated useful life and future replacement cost; model will be re-evaluated internally every year based on individual asset condition; professional refresh of study should be considered every 4-5 years to ensure integrity of forecasted timing of cash needs
• Any operating budget surplus and $450 new homeowner fees will continue to be deposited into our reserves for capital maintenance and improvements.
• Investment Activity during the Year
  • CD's continue to be rolled over as they mature because we do not have any major improvements that are needed at this time.
  • In summary, BMC remains financially sound

 

 

 

 

 

1. PENCO Management’s Scope of Services

 

• Educate homeowners on maintenance corporation’s roles and responsibilities
• Respond to inquiries from homeowners regarding the development; respond to complaints as appropriate.
• Maintain individual homeowner accounts and computerized files to record payments, correspondence, requests, and complaints
• Review and process requests submitted to the Architectural Review Committee, send written correspondence of Committee’s decision, and retain records of all decisions AND enforce deed restrictions based on board of directors decisions
• Collect the annual assessment due to the Maintenance Corporation according to the Declaration. Follow up for payments.
• Collect Capital Assessment fees when homes are sold
• Initiate legal action against members for delinquent accounts (with Board Approval)
• Research and obtain bids for all services required in accordance with the Maintenance Declaration
• Prepare, distribute and  maintain all community financials and supporting documentation in line with IRS guidelines
• Give recommendations to the board of directors and help to establish annual operating budget
• Register your community annually for DelDot’s Snow Removal Reimbursement and New Castle County Storm Water Management Assistance when as appropriate
• Attend meetings with the board of directors and the annual community meeting. Schedule the maintenance corporation annual meeting. Send notice to all homeowners regarding the meeting via US Mail and Email.
• Prepare voting ballots, proxy ballots, and notification of the homeowners as directed by the bylaws for the annual meeting once initiated by the board of directors
• Ensure the filing of the annual tax returns required by the IRS
• Research and acquire bids for liability, property, and Directors & Officers insurance when appropriate

 

1. Board of Directors – Status / Activities

 

• Three Board seats are open
• Board members serve a two-year term, per By-Laws.
• Most of the board’s time is spent on contracts, financial review, the ARC process, landscaping, homeowner requests, reported problems and follow-up in partnership with PENCO Management
• The Board meets three times per year, plus the Annual meeting.  Communication is done through Email mostly.
• Our PENCO Property Manager attends all meetings and provides guidance as needed.
• Meetings are not held in June, July or August
• Meeting minutes document the meetings and are posted on our website: www.ballymeade.org

 

1. Board Elections

• Results of Mail-in Ballots for Election of two open seats
  • Jim Bagnell elected Treasury; Phil LaScala elected Secretary

 

1. Questions and Answers

 

• What are the costs of managing the security camera system?
  • Cost for ISP, camera maintenance and repair
• Question regarding Holiday decorations at the front entrance
  • Decorations can allowed; recommend a sub-committee to manage
• What was the cause the fire today along Naamans Rd?
  • Squirrel caused a transformer to malfunction
• Questions regarding details of the rental agreement
  • Details of amendment and resolution will be posted on the website
• Question regarding what is considered a commercial vehicle
  • General explanation provided; details in deed restriction documents online
• Will there be a garage sale?    
  • Most likely; homeowners may host garage sales themselves anytime
• Concern expressed regarding on street parking
  • General agreement this topic deserves additional discussion and review as to what can be done to improve parking around the townhomes
• Question regarding to sidewalks buckling where trees are not the cause.  
  • Sidewalks in front of homeowners are the responsibilities of the homeowners.    The HO will contact Ron about specific examples.   

 

 

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Ballymeade Board Meeting

Meeting Minutes

Feb 22, 2022

Present:

Pete Haggerty, Mike Petrucci, Phil LaScala

1. Updates on Resolutions

• Mike provides high-level update regarding Rental Resolution and the Violation/Fine Resolution and Rental Amendment
• Questions, answers and clarifications made during the ensuing review and discussions
• Board holds vote to approve the Violation/Fine Resolution and Rental Amendment

1. Overview of the steps recommended by the attorney in connection with the Violation/Fine Resolutions, the Rental Resolution and the Rental Amendment

       i.          The Board holds meeting to consider, and if acceptable, approves Violation/Fine Resolutions and the Rental Amendment. 

      ii.          If the Board approve the Rental Amendment, the attorney will prepare papers that will allow the Board to distribute the Amendment by email with a “written consent.” 

     iii.          Once the package the attorney prepares is sent, the Board has 60 days to get the two-thirds vote needed to pass.  HOs must sign the consent then may email, fax or deliver it to the managing agent (PENCO).  If enough signed consents are received, then the Board executes the Amendment and files it with the Recorder of Deeds.  Upon filing it becomes effective.

     iv.          Only at this point will the Board have the authority to consider the Rental Resolution.  The Board again follows the process above:  the board holds a meeting, and if acceptable, approves the Rental Resolution.  If it is approved, then once it is sent out, it becomes effective and the Board can take the actions set forth in the resolution

1. Important Points of Note

• Per the attorney, the Board always had the power to fine homeowners for violations (this was contrary to what the Board previously understood). The documents of Violation/Fine Resolution define and constrain rather than create this ability
• Violation/Fine Resolution becomes effective when sent to the HOs by mail
• The Delaware Legislature changed a law and mandates that homeowners are allowed to attend formal Board meetings.   HOs do not get to participate but an open forum at the end of the meeting can be held to allow HOs to speak
• Review and Revision of Presentation Slide Deck for Annual Meeting

 

 

 

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Ballymeade Board Meeting

Meeting Minutes

Jan 20, 2022

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

 

Date and Time Set for Ballymeade Annual Meeting as follows:

Date:  February, 28^th 2022

Time:  7:00pm

Place:  Virtual, Zoom video

               Link to zoom meeting will be emailed prior to start of the meeting

 

Decision on what items should be included in the two mailings to go out prior to the meeting

Jan. 31st mailing

Notice of annual board and homeowners meeting

Include notice of open board seats

Board nomination form

Include notice of changes to deed restrictions votes    

Feb. 15th mailing

Treasurer agrees to have the budget completed by this date

Budget and Summary of proposed changes to the deed restrictions

Ron White (PENCO) has  ~115-120 emails addresses that includes mostly HOs; some renters

 

 

Discussion of Deed Restriction changes

Rental restrictions

Goal: to maintain or reduce the number of rental properties in Ballymeade

Installation of solar panels

               Goal: to comply with new DE law (HB58) regarding solar panels

Miscellaneous changes to deed restrictions

               Goal:  Reduce confusing language and specific fines for non-compliance

               Periodic Issues regarding timely responses and availability of attorney

 

Update on Security Cameras

               Cameras not appearing in the console; reoccurring problem

               Contacting Maginot Security

 

Review 2022 Budget and final 2021 numbers