Cape Royale Property Owners Association, Inc.
MINUTES OF THE MEETING OF THE BOARD OF DIRECTORS OF CAPE ROYALE
PROPERTY OWNERS ASSOCIATION, INC. HELD AUGUST 25, 2010, AT 2:00 P.M. IN
THE CAPE ROYALE CLUB ROOM
DIRECTORS PRESENT DIRECTORS ABSENT
Joel McDowell, Vice President Ken Clark, President
Susan Vaughan, Treasurer
Melanie McLendon, Secretary
Peggy Peterson, Parliamentarian
Charles Buck, Director
Thomas Newhouse, Director
Don Craven, Community Manager
Dale Toronjo, Facilities Committee
Bob Husmann, Roads Committee
James Chesser, Marina Committee
Dick Collier, Finance Committee
Jim McLendon, Trailer Storage Committee
Oscar Schneider, Architectural Control Committee
Mary Shay, Club/Civic Committee
Pat Hitt, Communications Committee
Virginia Shackouls, Cape Royale Utility District
6 additional property owners were in attendance
Joni Pursley, representing the Managing Agent, Association Management, Inc.
CALL TO ORDER
Due notice of the meeting having been given and a quorum present, the meeting was called to
order at 2:00 p.m. The Vice President, Joel McDowell, presided and the managing agent assisted
in recording the minutes.
A moment of silence was observed followed by the Pledge of Allegiance.
MEMBER PARTICIPATION GUIDELINES
Joel McDowell reminded the guests of the Member Participation Guidelines.
VICE PRESIDENT’S REPORT
Joel McDowell asked that property owners remain vigilant and aware of their surroundings and
asked that they report unusual activities to the front gate or local law enforcement.
Month Ending July 31, 2010: A written report was received, reviewed, and accepted with no
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Susan Vaughan commented that the committees had done well in keeping expenses down in
CONSIDERATION OF MINUTES
A motion was made by Susan Vaughan and seconded by Melanie McLendon to accept the
minutes of the July 28, 2010, regular meeting as written. The motion was unanimously
CRUD Request to Purchase Bagged Ice from POA – Virginia Shackouls stated that the Utility
District is trying to acquire an ice machine but would like to purchase ice from the POA in the
meantime to avoid excessive trips to town. The District was prepared to pay $50 per month to
purchase 6-8 bags of ice per week. After discussion, it was decided that the ice would be sold
from the Club ice machine. The details would be worked out by Mrs. Shackouls and Mary Shay.
Pat Gandy complimented Don Craven and Wayne Gladden for doing an excellent job for Cape
Don Freel asked if the ACC had been asked to draw up guidelines to collect and distribute gray
water for new homes constructed. Joel McDowell asked Oscar Schneider to take the topic to the
ACC for review.
MARINA CAUSEWAY ROAD REPAIRS UPDATE
Thomas Newhouse reported that this project would be put off until 2011 and that Bob Husmann
would get price information to include in the 2011 budget.
Joel McDowell asked that as it is now time to work on the budget, Committee chairpersons
should be thinking of upcoming needs.
PLAYGROUND KIDDIE MULCH
The Parks and Recreation Committee distributed a flyer requesting volunteer help to spread the
mulch at the playground at 8:30 a.m. on Saturday, August 28, 2010.
SURVEY RESERVE F
Don Craven reported that the surveyor had staked the property but that the written report had not
yet come in. Charles Buck stated that he looked at the area with the stakes in place and it
appears that the bulkhead on the long West side is on private property, not POA property. This
would be confirmed after review of the written survey report upon receipt.
ROYALE GREENS PARK BBQ PITS
Don Craven reported that all pits have been removed from the Royale Greens Park as authorized
in the last meeting.
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RECREATION CENTER SIGN RELOCATION
Dale Toronjo requested authorization to move the sign to the side of the building as it blocks the
traffic view in its current location. After discussion, it was decided that the Board would look at
the proposed location following the meeting.
ROAD DAMAGE-DARTMOOR COURT
Bob Husmann reported Design Tech Homes had responded in a letter dated August 20, 2010,
that they do not feel they are responsible to repair Dartmoor Court as the condition of the road
was substandard. Design Tech Homes requested a copy of the Cape Royale road specifications,
which, according to Mr. Husmann, are relatively non-existent.
Thomas Newhouse stated that if the builder complied with the load limits, etc. placed by the
ACC and POA, then the POA does not have a very strong case. Mr. Newhouse suggested that a
meeting with Mr. Husmann, the ACC Chairman, and Design Tech Homes would be the best way
Mr. Husmann added that a request for legal opinion was sent to Butler and Hailey. Two
questions were sent to legal counsel: 1.Can a builder be prohibited from building in Cape
Royale? 2. Can the ACC/POA enforce claims resulting from CIM statement that “any damage
caused as a result of construction is the responsibility of the builder and/or owner”?
Charles Buck, Bob Husmann, Thomas Newhouse, and Oscar Schneider would meet to develop a
plan before setting up the meeting with Design Tech Homes.
COMMITTEE REPORTS AND ANNOUNCEMENTS
Marina: A written report was submitted. James Chesser added that there had been recent
activities at the Marina that were of concern to the Committee. An older gentleman had fallen
into the lake and was rescued by the staff; theft of fuel; and owners had been parking boats in
slips without paying a rental fee as they feel that they are entitled to use facilities at no extra
Joel McDowell reported that there remain 32 delinquent slip renters, but that 21 of these are just
one month behind.
Don Craven was asked if the demand letter was sent to the owner that paid with an insufficient
check. Mr. Craven responded that it had. Mr. Craven was instructed to submit this to the JP
Court on Thursday, August 26, 2010, for legal collection.
Mr. Craven reported that certified letters were sent to those delinquent over 90 days. James
Chesser had provided a spreadsheet to Mr. Craven to complete as each stage of letters was
completed, requesting that the report be returned to the Committee by August 1, 2010. Mr.
Chesser stated that a review of the contract file showed that numerous contracts were either
missing or incomplete and that Patsy would work on this update as part-time Marina Attendant.
Mr. Craven responded that Patsy continues to work on the project.
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Facilities: A written report was submitted. Dale Toronjo stated that everything looks good as
Richard Masterson had done such a great job. Mr. Toronjo looked at the Club bar cooler and
supports the recommendation to replace the cooler as it is not repairable.
Roads: Bob Husmann reported that fall repairs would not begin until the issue on Dartmoor
Court is settled.
Gate: A written report was submitted. Peggy Peterson added that yesterday a home on Forest
Cove was broken into and that nothing was stolen but the bed was slept in and a window was
broken. Mrs. Peterson stated that property owners should be a little more cautious and keep their
homes and vehicles locked.
Grounds: A written report was submitted.
Finance Committee: A written report was submitted. Dick Collier asked when the Budget
agenda timeline would go out. Don Craven responded that it would be sent out the first of next
Mr. Collier stated that the Capital Budget for new items over $2,500.00 was suspended after
Hurricane Ike and requested that the Board authorize reinstatement of the budget for 2011. A
motion was made by Melanie McLendon and seconded by Charles Buck to reinstate the Capital
Budget for 2011. The motion was unanimously approved.
Trailer Storage: A written report was submitted. Jim McLendon reported that John Incerta had
things well organized and that as the new Chairman, he will try to maintain the order. Mr.
McLendon was looking into enhancing security and decreasing vandalism in the area. The 2011
budget will increase revenue for 2011 with the rental increase that was approved by the Board. It
was reported that there remain two people on the waiting list for spaces.
Parks & Recreation: Charles Buck reminded all volunteers to be at the park on Saturday at 8:30
a.m. to help spread the playground mulch.
ACC: A written report was submitted. Oscar Schneider suggested that the Gate review the
project list daily as it is now up-to-date every day of the week and that if something is not listed
on the report, it is not an approved project. Mr. Schneider stated that he and Bob Husmann
could meet with Thomas Newhouse and Charles Buck at 8:30 a.m. on Thursday morning.
Club: A written report was submitted. Mary Shay provided two proposals to replace the bar
cooler, one for $$2,631.00 and one for $1,604.96. Mrs. Shay recommended approval to
purchase the cooler from Ace Mart for a total of $1,604.96 and stated that the replacement was
included in the Fisher-Smoucha report for $5,500.00. A motion was made by Susan Vaughan
and seconded by Charles Buck to purchase a True-Air unit for $1,604.96 to be paid from the
Reserve Fund. The motion was unanimously approved. Charles Buck would dispose of the old
cooler if he could get help to load it in his truck.
Wildlife Management: No report. Don Craven stated that the Committee would meet on
September 11, 2010.
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Pool: A written report was submitted.
Communications: No report.
Deed Restrictions: Thomas Newhouse reported that the Committee was on track and was
meeting every two weeks as planned.
AMI: A written report was submitted.
Community Manager’s Report: A written Maintenance Work Order Summary was submitted.
Questions arose concerning staff delivery of documents for the audit to the Houston AMI office.
Pat Johnson stated that last year, Don Craven had been instructed that staff would no longer be
authorized to take the documents. A motion was made by Charles Buck and seconded by
Melanie McLendon to ship audit documents to AMI Houston upon request of the auditor. The
motion was unanimously approved.
Joel McDowell expressed concerns of the total cost for the bathroom renovation project as it
remains ongoing. After discussion, Don Craven was instructed to provide a report showing the
total spent on the project and expected remaining costs. The report would be provided to the
Board and Finance Committee Chairman.
The Board confirmed that future projects of this nature should be under the direction of one
Committee and that a plan, scope of work, budget, and ACC approval should be prepared and
submitted for the bid process and placement in a future budget.
Utility District: Virginia Shackouls reported that the storage tank is now in operation and that
the landscaping would be done as weather permits. The cameras at the garbage site are
operational and functioning properly. The recorder is motion activated and an individual had
been hired to review the recordings and monitor they system.
Cape Royale Boating Association: A written report was submitted. Don Craven reminded
everyone of a Boater Education class conducted by the Game Warden would be held on
Saturday, August 28th for ages 12 to 17.
Civic Association: A written report was submitted.
Susan Vaughan reminded everyone of the September 25th Civic Association Golf Tournament.
Recreation Center Sign: A motion was made by Charles Buck and seconded by Susan Vaughan
to relocate the sign subject to Board decision of the location following the meeting. The motion
was unanimously approved.
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ADDITIONAL RESIDENT COMMENTS
Elgean Shield stated that he would be presenting a request to the Board in the near future for a
landing zone for Medivac helicopters.
Pat Gandy stated that the Republicans would be holding a dinner at Cape Royale on September
8th. Don Craven added that the Democrats had booked and paid for a facility reservation as well.
SCHEDULE NEXT MEETING
The next Board meeting was scheduled for Wednesday, September 22, 2010, at 2:00 p.m.
On a motion duly made, the meeting was adjourned at 4:00 p.m.
ACC Meeting Minutes of August 6, 2010
Inspection & Project List – all active projects have inspected within the last two weeks, two red
tags were issued – construction without a permit and construction outside of the property line.
ACC’s updated project list contains nine active projects with the status being checked on two
with expired permits.
Approval Request - two new projects were approve – one carport project and a skirt project for a
pier home. Six projects were rejected - a new home without a suitable site plan dimensions, a
home expansion without a paint sample, a boat dock without start and completion dates, exterior
repaint of home without a paint sample, a bulkhead relocation without TRA and Reserves ACC
approval and a plastic storage shed.
Follow-up and new Topics
Dartmoor Road Damage – Design Tech has refused to accept any responsibly for the road
damage and reject a compromised offer from the POA. The situation was reviewed with Charles
Buck, Ken Clark and Tom Newhouse by the ACC and Road Committee chairmen. A demand
letter to Design Tech and the owner will prepared by Oscar Schneider for the board’s review.
Red Tag Fee – after an ACC discussion it was agreed to leave the red tag fee at $100 as lost of
work during the red tag is probably more of a concern to a contractor than a fine. However all
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agreed the ACC should be more diligent and uniform during job inspections and applying a red
Out of Committee ACC approval – ACC approved the chairman selecting certain projects for out
of committee approval by the chairman and the area ACC representative. The intent is to quickly
and efficiently handle small projects. Any approvals will be documented in the next ACC
Construction Employees Entrance thru the Gate – ACC discussed various alternatives stressing
the small (nine) number of construction projects. One alternative was to have the contractor
complete gate passes for his workers and the pass could be validated at the gate. More
information will be gathered from contractors and other communities for future analysis.
Oscar Schneider, ACC Chairman
ACC Meeting Minutes July 20, 2010
1. Meeting Format – generally three categories - Project List/Inspection Findings, Approval Request
and Follow up/ New Topics
2. Project List / Inspection Findings – The approved projects list was down to eight jobs. Joan
Krause will contact Randy Hall to determine the development status of the Arizibe project in the
3. Approval Request- four projects were approved- a new home, exterior repaint, an addition to a
boat house and an enclosure under the house. One out of committee approval was granted on a
boat dock which was reviewed last meeting, the missing “start and completion dates” were
provided. One project a boat house was rejected due to a missing TRA approval.
4. Follow up/ New Topics
Henson – TRA had been informed that ACC was preventing removal of the existing illegal
bulkhead even though ACC had notify the contractor by e-mail on July 20 and August 6 to
remove it. The contractor told TRA he would remove it next week, a job permit for 8/23to8/27
was approved without a request from the contractor, Don Craven to notify the contractor to
pick up the permit.
Property Owners – ACC chairman reviewed projects requirements with one property owner who
inquired about the CIM. ACC review the CIM with a property owner and his contractor who is
new to the Cape. The contractor has extensive area experience including in the Woodlands.
Site Visit – ACC visited the site of a home enclosure project with emphasis on drainage and
construction access and the project was approved.
Storage Shed – a plastic storage shed had been illegally installed and the after the fact approval
request was denied in the last ACC meeting. Don Craven sent a letter on August 20 demanding
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Dartmoor Road damage – information being forward to the attorney by the Deed Restriction
Committee and Board to determine our options. ACC has photographs of the damage.
Project Completion Extension – out of committee approval for a two week completion out of
committee extension given to Helena landscaping project per contractor’s request.
Oscar Schneider, ACC Chairman
We have the new flags. Richard Burroughs said the Boy Scouts will retire
the old flags for us. We have not set a date for this to happen.
The Coushatta trip was a big success. Fifty-three people were on the bus.
There was at least one big winner.
The Civic golf tournament is scheduled for Saturday, September 25th.
Contact Pat Stephenson or Mary Shay if you want to play or sponsor a hole or
OktoberFest will be held Saturday, October 16th. The Garlands, Lutons and
Adams will be hosting this event.
The Following items were discussed in the August Meeting of the
We reviewed the Prelim. July 2010 Financial Report and agreed that the Financials
Fairly represent the financial condition of the Cape Royale POA.
2011 budget preparation is just around the corner. The Finance Committee is
in good shape to meet all of the deadlines as they occur. We are open to any
The committee agreed on a proposal to reinstate the Capital Budget that was
suspended after the 2008 Hurricane Ike. This is for new capital items, not
replacements or repairs. We agreed that initially the budget should be
on an annual basis and include items costing $2500 or more.
We would like this to get the Board's yes or no at the August 25th meeting.
Richard Collier Finance Committee Chair.
Club and Civic Room Report
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This month the Club was rented to the Aldine School District for an
all day retreat. The Civic Room was rented by a resident for a
shower and another resident rental for a birthday party . We used
the Civic Room and Club for its usual meetings, bingo, bridge and
mahjong. We now have a Scrapbooking Club that meets in the Civic
Room once a month. It is open to all residents.
I have requested bids from Ace Mart and Wolf Creek Air for the
back bar cooler. The one we are replacing is at least 25 years old.
According to Ace Mart it is basically a plug-in installation.
Mary Shay, Chairman
GATE REPORT - JULY 2010
INCIDENT REPORT 26 INCIDENTS FOR MONTH
7– Sheriff response 1 Med-Alert – Residents med-alert had to be reset
1 – Crud Alarm 1 –Boat stolen from property June 29
1 – Fireworks reported
1 – Boat contents stolen(Sheriff)
1 - Water Leak 1 – Child burned – Life Flight(Detective & Child Welfare)
1- Boat taking on water 1 - Boat hit something baby hit head – Sheriff & Ambulance
1- Ambulance – heart 1 – Resident Death – Ambulance – Sheriff – Funeral home
1- Water Leak-Resident 1 – Domestic disturbance – Sheriff
1- Golf cart accident-acid on girls leg 1 - Resident fell hit head – Ambulance
1- 3 Wheels stolen from trailer in storage lot
1- Resident heart attach – Ambulance 1 - Dead deer – removed
2- Pool incidents – 1 – everything left unlock - kids caught at pool at 1:00 – 1:30 Sheriff came in called
parents and spoke to them
1- Jet skis missing by property owner – found
1- Property owner report 2 golf carts with boys driving trying to hit each other.
1- Lady came to front gate asking to be driven home, called sheriff no response(3:55am
1- POA Alarm going off – Sheriff investigated
1- Resident – Ambulance – unknown if they transported
TOTALS FOR JUNE JULY
Service 1,791 Visitors 125
Turn Around 83
Jet Ski 17
Extra Securitas staff will be on duty again for the last big weekend of the summer.
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Constable Wyatt did an excellent job patrolling over the 4th. Lots of fireworks over the lake from
residents on water front and elsewhere. There were a lot of kids out on golfcarts unsupervised. They
were stopped, names taken and sent home.
Constable Wyatt has been hired for Labor Day weekend, our last big summer hooray. He will be on
duty 4, 5 & 6 from 4 p.m. to 2 a.m. Any problems residents have during that time please contact the
Gate and they will get in touch with the Constable.
No Gate Meeting was held in July.
Betty Fisher Franek – Gate Chairperson
FACILITIES COMMITTEE REPORT
No board action requested at this time.
* Have been surveying facilities to assess needed actions, studying
Replacement Report and, in general, getting acquainted with
* Met with Don to go over work order system
Grounds Committee Report
Linda Walker ……………..Chairman
Information Previously Presented:
This is the time of the year our committee spends most of the time
just trying to keep the plants and trees alive.
At last concrete has been poured by the pool. We are now working
on moving the sign by the pool gate that blocks the view of persons
backing out of the new parking spaces.
We have been working on repairing and placing battery timers on
the zones in the area of the pool.
We ran into a bit of good luck by finding an old valve in the
esplanade across from the pool on N. Cape Royale Drive. It has been
capped from the Golf Course. The good news is that we can run our
irrigation there without having to destroy the road,
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Marina Committee Report
Members: James Chesser, Pat Clark, John Davis, Norm Matticks, Barbara McDowell, Bob Trimmer,
Meeting Schedule: Monthly, Second Thursday, 1:00 PM
Delinquent Slip Currently doing research and communication on delinquent slip fees.
Fees (in Several renters were over one year in arrears.
progress) The process for tracking and follow-up needs improvement. The POA
MC Liaison, MC Chair, and AMI are working together to understand and
improve the process.
Sale of Surplus POA approved sale. Interested parties contacted.
Sailboat Area Lighting was modified on Aug. 17.
Lighting Thanks to Elgean and Mark Shields for help and equipment loan.
Thanks to Norm Matticks for fabrication.
Obstruction in Referred to AMI and Insurance Company
Flags/Flagpole New, smaller flags ordered to mitigate “hang-ups”
Will consider flagpole modification to fly larger flags in the future
Safety Incident Older gentlemen fell into water next to slip. Was requested by staff
Follow-up Needed from POA Board: None
Pool Committee Report
As the 2010 season is coming to an end, pool hours have been
adjusted. Hours are 4-8PM Tues-Fri and 10AM-8PM Weekends
and Labor Day. After Labor Day, weekends only 10AM-8PM.
The pool will close the last weekend in September.
TEEN NIGHT WAS A SUCCESS!!
Friday, August 13 was the last Teen Night. There were 30 teens
enjoying the fun. Everyone is looking forward to Teen Night
next season. Committee members:
Terrye Siegfried -Chair
TRAILER STORAGE COMMITTEE
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The members of the Committee are Jim McLendon, Chairman. Joel
McDowell is the Committee’s liaison to the Board of Directors. The
Committee meets as needed.
The Committee can report that there is 1 person on the waiting list for storage
spaces at this time.
Each owner of a trailer assigned a space in the storage lot must put his or her
name on the trailer so that we know whom to contact regarding the trailer.
You signed a contract and agreed to do this, if you do not comply you will be
subject to loose your spot. Read your contract. Just a reminder, Trailer Storage
FEES are due upon receipt in January, if your fees are not in 30 days from that
date, YOU WILL LOOSE YOUR SPOT NO EXCEPTIONS. AS OF JAN
2011 THE FEES FOR AN EMPTY TRAILER TO BE STORED WILL BE
RAISED TO $50 A YEAR.( EMPTY TRAILERS ONLY.) Thanks Joel for
getting the funds to expand. I have added 17 spaces and that will take care of
all but one on the waiting list, and I may be able to find a spot for him shortly.
I have resigned and Jim McLendon will take over. Thanks, Jim.
Chairman, Trailer Storage
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