BGP Board Meeting Minutes

THE REGULAR MEETING OF

THE BOARD OF DIRECTORS OF

BRIARGROVE PARK PROPERTY OWNERS, INC.

HELD ON TUESDAY, September 17, 2019

 

The regular meeting of the Board of Directors of Briargrove Park Property Owners, Inc. was held on Tuesday, September 17, 2019.

 

Present:                           

Kaylan Caballero, President                                        

Kayvan Zarea, Vice President                                       

Courtney Hencke, Treasurer

Larry Shamp, Director

Susan Stanton, 2nd VP

Charles Rogers, Director

Mickey Shivitz, Director

Absent:                            

Ken Guidry, Secretary

 

Also Present:                    Bobbi Marchese, Association Manager

                                        Sgt. Kevin Taylor, SEAL Security

                                       

Three residents from Pine Forest were in attendance to complain about the front yard of a property on Pine Forest.  The Board responded the matter had been dealt with in Executive session.  Another couple was in attendance to complain about a property on Briarpark and were also told a 209 letter had been sent to the property owner.

Sgt. Taylor, SEAL Security, gave the stats for the past month.  A total of 228 calls were received on the BGP hotline.  There was a total of nine BMV’s, mostly related to law and construction crews, most of whom leave valuable in plain sight and don’t lock their vehicles.

Kaylan Caballero made a motion to approve the minutes of the August 20, 2019, Board meeting.  Courtney Hencke seconded and the motion carried.

Courtney Hencke presented the monthly financial report to the Board.  Mike Hessel mentioned if Courtney will email him her reports, he can put them on the large screen in the meeting room.

An additional bid of $850 was received to remove a concrete footer at the playground where a gaga pit will be installed.  The quote from the artificial turf contractor was $1800 to remove the footer.  Kayvan Zarea asked how the drainage will be handled once the turf is installed.  Bobbi will check with the contractor.

Kim Hill gave the tennis report to the Board.  Kim reported the Ladies Fall Tennis Social is being planned for Monday, October 28th.  There will be a $25 fee to register and there will be prizes.

Kaylan explained the pool was closed early for safety reasons.  A new pool contract has been signed with Texas Aquatic Enterprises (TAE) and TAE has now taken over the maintenance of the pool.

Mike Hessl, ACC Vice Chair addressed the Board and gave the stats from the September ACC meeting.  Mike mentioned his reports to the Board can be found in the Dropbox account.

Kaylan shared the information that it will cost $5,000.00 to have title searches done on the 114 homes in Briar Court to determine how many properties have a lienholder holder.  In order to revise the Briar Court deed restrictions, 55% of the property owners and their lienholders would need to approve the revisions.  Mike Hanlin asked why this was being entertained.  The Board responded recent plans for new construction in Briar Court were brought to the ACC for approval and the builder asked why the deed restrictions hadn’t been updated.  The ACC brought the matter to the Board.

The Board reviewed one proposal for new signage at the Briarpark and Westheimer entrance.  Kayvan stated the design needs to be more curved and he is getting three more proposals that will be different variations of a curved design.  Kayvan will contact David with Brick Restoration and let him know BGP is considering different signage.  Jody Scharnberg asked if anything can be installed to protect the Wall from car accidents.  Kayvan responded there is most likely not enough depth to place a bollard or some other type of device between the Wall and the sidewalk.

Bobbi showed the Board a photo of a possible deed restriction violation but the Board decided it was not a violation.  Bobbi asked how the Board wished to handle a property that was found not to be in compliance on a final ACC inspection.  The Board asked Bobbi to call the homeowner and asked for a hand written plan of the additional item that was installed and that the needed screening material be addressed at the same time.

Kaylan informed the Board that per outside legal counsel, a working post light is not required for vacant lots.  For properties that have a vacant house on them, they do need to abide by the deed restriction requirement to have a working post light.

There being no further business to come before the Board, a motion was made to adjourn at 9:00 p.m.  The motion carried.

 

Respectfully submitted                                              Approved

THE REGULAR MEETING OF

THE BOARD OF DIRECTORS OF

BRIARGROVE PARK PROPERTY OWNERS, INC.

HELD ON TUESDAY, August 20, 2019

The regular meeting of the Board of Directors of Briargrove Park Property Owners, Inc. was held on Tuesday, August 20, 2019.

 

Present:                           

Kaylan Caballero, President                                   

Courtney Hencke, Treasurer

Larry Shamp, Director

Susan Stanton, 2nd VP                                  

Charles Rogers, Director (via telephone)

Absent:                            

Kayvan Zarea, Vice President

Ken Guidry, Secretary                                        

Mickey Shivitz, Director                                      

Also Present:                    Bobbi Marchese, Association Manager

                                        Sgt. Kevin Taylor, SEAL Security                                   

The meeting was called to order at 7:15 pm.  The agenda of the meeting was changed to accommodate Director Charles Rogers, who was present via telephone. 

Kaylan Caballero gave the background on the process that was followed earlier this year to select a new pool company, Greater Houston Pool Management (GHPM), that has failed to live up to BGP’s expectations. Recently Kaylan and Bobbi met with two representatives of Texas Aquatic Enterprises(TAE), who had also presented a bid earlier in the year, and went over with them our expectations and current problematic areas, making sure TAE has the availability to takeover BGP pool operations after our thirty-day notice is given to GHPM.  Kaylan presented a motion to terminate the pool contract with Greater Houston Pool Management giving our thirty (30) day notice.  Courtney Hencke seconded and the motion carried.  Kaylan then made a motion to sign a new contract with Texas Aquatic Enterprises for $56,840.  Courtney seconded and the motion carried unanimously.  Sherry Ashkar commented the pool area is very dark at night and the baby pool has been extremely dirty. 

The Association insurance policies are up for renewal.  Kaylan made a motion to renew our current policies for a cost of $22,750.  Courtney seconded and the motion carried. 

Larry Shamp made a motion to approve the minutes of the July 16, 2019, Board meeting.  Kaylan Caballero seconded and the motion carried.

Sherry Ashkar addressed the Board concerning an update on the condition of the front yard at 10002 Pine Forest.  The Board responded the owner has made some progress and is beginning to bring the yard into compliance.  Another 209 letter will be sent to the owner with additional items that still need to be addressed, giving the property owner 30 days to bring the Lot into compliance with the deed restrictions.  Jan Onorato mentioned the ceramic mantle holders for the gas lights are getting obsolete and are being replaced with stainless steel holders, which are more expensive. 

Sgt. Taylor, SEAL Security, gave the stats for the past month.  A total of 226 calls were received on the BGP hotline.  A drunk driver was arrested on Briar Forest by HPD. 

David Hadad gave the tennis report to the Board.  The children’s tennis camp held from July 9th to August 16th was very successful.  Positive feedback was received from parents, players and coaches.  Participation is growing gradually.  New timer switches were installed for the fan and lights.  The tennis rules have been revised and minor changes were made after the initial review last month.  Courtney made a motion to approve the new tennis court rules.  Larry seconded and the motion carried.

The Mom’s Club, who has taken over the judging for the Holiday Lighting Contest, would like to involve the entire neighborhood in the light judging contest by sending out an online survey, like survey monkey, where residents can submit their top picks.  The survey would be emailed out the week of December 9th, with daily reminders to participate and the deadline would be December 15th.  The Mom’s club officers would meet December 16th to review winners and deliver the yard signs.  Kim Hill stated there needs to be a way to make sure there is only one vote per household.  Kaylan suggested there could also be paper votes turned in at the office and counted by the Mom’s Club.  Different opinions were expressed from the audience.  Kaylan suggested a committee could be formed that wants to drive around and judge the lights.  Kaylan will report the different suggestions received tonight back to the Mom’s Club to come up with a plan and a way to broadcast it.  Jan Pence asked if the Westheimer Wall would be finished by Christmas decorating time and Kaylan responded that it should be. 

Briar Court consists of 114 homes and has its own deed restrictions which date back to 1977. The restrictions are very outdated and the ACC has asked the Board that they be updated.  The process to change the deed restrictions for Briar Court requires that 55% of the property owners and their lienholders approve any changes made.  RMWBH is trying to get a discounted price for 114 title searches to determine how many of the 114 properties have a lienholder.  Mike Hessel, ACC Vice Chair, commented it sounds like a daunting task but is glad the Board is looking into it.  Mike Hanlin, a Briar Court property owner stated his pet peeve is that the Association doesn’t enforce the post light restriction.  He would rather the Association fix all the post lights than spend money on title searches to change the deed restrictions.  David Tannich, ACC Chair, stated the content of the restrictions needs to be updated to address re-building in Briar Court, and that it needs to be forward looking.

Mike Hessel addressed the Board concerning ACC matters.  Mike stated the Board can override an ACC decision but a caveat to that is the Board doesn’t have the authority to approve construction in violation of the provisions. Mike presented a slide on dormers that the ACC rejected and the Board approved, showing the dormer was wider than what is allowed.  Mike showed a slide that demonstrated the requirements for 1.5 story construction.  Kaylan then approached the slide and stated a lot of time has been spent with outside attorneys and the attorneys stated this language could be argued several different ways in court and that several examples of this construction already exist in BGP.  Mike and Kaylan both agreed the Board didn’t follow the correct procedure in approving the subject plans and Mike asked that in the future, the Board include the ACC in any decision to approve plans the ACC have previously rejected so that they may present their reasons to the Board why the plans were rejected.

Courtney Hencke presented the monthly financial report to the Board.  Some income generators are a little below target but collections are up with only about four properties that have not paid for 2019.  The recent tree trimming expense caused the subdivision maintenance expense to be a little higher this past month.  Overall, we are below budget for expenses this time of year 

Bobbi Marchese reported to the Board that Jeremy with Strictly Green Grass, came by to measure an area in the playground for additional turf needed to install the Gaga pit.  Jeremy will be sending a proposal to install turf in this additional area for the gaga pit.

Susan Stanton stated in order to change a regularly scheduled board meeting, it must be handled in the same manner as scheduling a “special” board meeting.  Recently, a prospective buyer asked for a variance to build a house not allowed in BGP’s deed restrictions and he was informed variances are not allowed.

There being no further business to come before the Board, a motion was made to adjourn at 8:40 p.m.  The motion carried.

 

Respectfully submitted                                              Approved

THE REGULAR MEETING OF THE BOARD OF DIRECTORS OF BRIARGROVE PARK PROPERTY OWNERS, INC.

HELD ON TUESDAY, July 16, 2019

The regular meeting of the Board of Directors of Briargrove Park Property Owners, Inc. was held on Tuesday, July 16, 2019.

Present:                           

Kaylan Caballero, President

Kayvan Zarea, Vice President

Courtney Hencke, Treasurer

Larry Shamp, Director

Susan Stanton, 2nd VP

Absent:                            

Charles Rogers, Director  

Ken Guidry, Secretary

Mickey Shivitz, Director

                                       

Also Present:                    Bobbi Marchese, Association Manager

                                        Sgt. Kevin Taylor, SEAL Security

                                       

The meeting was called to order at 7:03 pm.

Linda Skidmore addressed the Board concerning the City’s recent placement of a new fire hydrant in her front yard.  The fire hydrant is about 12 feet from the curb.  Kayvan Zarea suggested Ms. Skidmore look at her survey to determine if the fire hydrant is inside her property line, unless there is a ROW on the survey.  Joe Scharnberg asked the status of the Westheimer Wall repairs.  Kaylan Caballero responded the Board will sign the Wall repair contract later this evening.  The landscaping and entrance sign at Briarpark will be addressed after the Wall repairs have been made.  Another resident addressed the Board concerning the condition of the front yard at 10002 Pine Forest.  The Board members present had driven past the property earlier in the day and agreed the yard is a violation of the deed restrictions.  A 209 letter will be sent giving the property owner 30 days to bring the Lot into compliance with the deed restrictions.

Sgt. Taylor, SEAL Security, gave the stats for the past month.  There was a total number of 205 calls to the BGP hotline.  Sgt. Taylor stressed that residents need to tell their lawn crews not to leave cash or valuables in their vehicles and to lock their vehicles at all times. 

Kaylan Caballero explained to residents in attendance what the reserve study is and how it helps the Board determine capital expenditure items when planning the budget.  The Board declined to do an update for the cost of $2900.  Most of the recommended items have been done or are on the schedule to be done this year.

Kaylan Caballero made a motion to approve the minutes of the June 18, 2019, Board meeting.  Courtney Hencke seconded and the motion carried.

Courtney Hencke presented the monthly financial report to the Board.  We are on budget for this time of year.  Income generators are on plan, expenses are on target.  Interest income is down and discussion was held on reinvesting some of our savings back into CD’s with Chase Bank.  Bobbi, Courtney and Kaylan will schedule a meeting at Chase Bank to look at their CD program.

Kaylan Caballero explained to residents in attendance that at the June 18th Board meeting, the board voted to increase the non-resident membership fee from $685.00 per year to $1200.00 per year.  All the rules and regulations regarding the facilities need to be changed to reflect this change in cost.  Courtney Hencke motioned to approve the revised playground rules.  Kaylan Caballero seconded and the motion carried.  Kaylan Caballero discussed the location of the gaga pit which was approved for purchase at the playground last month.  Originally, the pit was to be placed on existing crushed granite, however, this surface is not recommended by the seller of the gaga pit.  The Board discussed possibly installing a concrete pad to put the pit on, but Kayvan Zarea remarked concrete will cause drainage issues.  Artificial turf will cost about $15/square foot.  Courtney Hencke and Kayvan Zarea will go to the playground to explore other locations the gaga pit could be installed.

Revised rules for the tennis courts were discussed.  Jose Llana had three minor changes to the proposed tennis rules.  Bobbi will incorporate these changes and a few more.  After changes are made, the Board will vote on the revised rules.  Kaylan Caballero made a motion that the BGP tennis courts cannot be used for commercial use.  Kayvan Zarea seconded and the motion carried.  Jose reported the summer tennis camp is going well.  Larry Shamp made a motion to approve RDS’ proposal to install new timers on the tennis court lights and the fan under the tennis shelter and a new junction box to replace the existing duct-taped box for $810.00.  Kayvan Zarea seconded and the motion carried.

The Board reviewed and discussed revised rules for the swimming pool.  Bobbi will make further revisions and re-present to the Board next month.  The subdivision fee schedule was reviewed which modified the non-resident membership fee and the lost playground card fee.  Kaylan Caballero made a motion to accept the revised fee schedule with the change made to the lost playground card fee.  Larry Shamp seconded and the motion carried.

The Board voted to send a 209 letter to ABCCL731B27S1 for violation of deed restrictions relating to lot maintenance.  For a second property deemed in violation of the deed restrictions, AAHCL206B8S1, Bobbi will contact the law firm to clarify issues regarding the flooded, unlicensed vehicle left in the driveway.

The Board reviewed two proposals from Silversand to rework some landscaping on Briar Forest and Seagler Rd and at the rear Briar Hill entrance.  Kaylan Caballero made a motion to approve the Briar Forest proposal for $3210.00.  Courtney Hencke seconded and the motion carried.  The Board denied approval for the Briar Hill entrance at this time, citing the cost and low number of complaints regarding the existing landscaping.

The Board ratified the email vote to approve the tree trimming at the playground, pool and office at a cost of $2600. The motion was made by Kaylan and seconded by Kayvan and carried.

The Board reviewed the contract from BRI to make repairs to the Westheimer Wall for a cost of $69,015.00.  Courtney Hencke made a motion to accept BRI’s bid.  Kayvan Zarea seconded and the motion carried.  Kayvan will inspect the repairs before the second draw is made to BRI.  Kaylan explained to residents in attendance we are also getting bids to re-do to entrance sign and lighting at Briarpark and Westheimer after the Wall repairs are completed and possibly installing large boulders to help protect the Wall from car accidents.

 The Board voted to send 209 letters to all property owners in the flooded area that do not have working post lights since the Temporary Policy relating to Vehicle Parking, Use of Certain Vehicles, the use of Port-A-Cans and Post Lights expired July 1, 2019.  Rachel Nichols asked why a property on her street does not have a post light.  A question was asked why the post light policy is only being enforced in the Flooded area.  Kaylan explained the post light violation is an ongoing work in progress.  Bobbi explained the Association process is to send one or two nice letters that the post light is not working.  If the light remains inoperative, a 209 letter is sent which gives the property owner 30 days to fix the light or the matter is turned over to our outside law firm for enforcement.  Once the law firm is involved, the property owner is responsible for the cost of the attorney to enforce this deed restriction violation.  Susan Stanton explained there is a four-year statute of limitations to enforce the post light deed restriction violation, once the Association becomes aware of it.

Kaylan Caballero presented a list of possible updates to the meeting room that she received by polling the Mother’s Club and Women’s Club members.  Kayvan Zarea asked Jan Pence in the audience how the Club uses the meeting room and if it is large enough for their meetings and line dancing.  Discussion was held on how large the meeting room needs to be.  The current list will be refined.  Kaylan encouraged residents to look at other clubhouses to get ideas for our remodel, which she will try to do as well.  Kayvan asked how much storage space is needed and looked at the current storage closet.

Susan Stanton presented copies of our dedicatory instruments to all board members present, which includes the ACC Guidelines, Open Records Act, Records Retention Policy and Payment Plan Policy.  Bobbi asked the Board if the outside architect should get paid for a second review of construction plans if the plans were resubmitted by the property owner for a change required by the City versus rejection by the ACC for plans not in compliance.  The Board answered the homeowner should have paid for a second review and that the outside architect should be compensated for the second review.

There being no further business to come before the Board, a motion was made to adjourn at 9:50 p.m.  The motion carried.

 

Respectfully submitted                                              Approved

THE REGULAR MEETING OF THE BOARD OF DIRECTORS OF BRIARGROVE PARK PROPERTY OWNERS, INC.

HELD ON TUESDAY, June 18, 2019

The regular meeting of the Board of Directors of Briargrove Park Property Owners, Inc. was held on Tuesday, June 18, 2019.

Present:

Kaylan Caballero, President

Kayvan Zarea, Vice President

Courtney Hencke, Treasurer

Larry Shamp, Director

Charles Rogers, Director                                

Susan Stanton, 2nd VP

Absent:

Ken Guidry, Secretary

Mickey Shivitz, Director

Also Present:

Bobbi Marchese, Association Manager

Sgt. Kevin Taylor, SEAL Security

 

The meeting was called to order at 7:04 pm. 

Bray Vincent, on behalf of Bob Bruce, addressed the Board seeking their help in getting the City to approve speed bumps from the 100 block to 700 block of Briar Hill. Mr. Bruce emailed a letter to Bobbi to present to the Board for their endorsement. The Board will discuss later in the evening.

Sgt. Taylor, SEAL Security, gave the stats for the past month. There was a total number of 211 calls to the BGP hotline. There was one burglary of a habitation which was building materials taken from a new home under construction that were not secured. Kim Hill asked Sgt. Taylor if SEAL Security should be called for barking dogs. Sgt. Taylor responded yes, after 10 pm on weeknights and 11 pm on weekends SEAL can respond to barking dog complaints and will approach the owners and inform them their dogs are disturbing the peace.

Mike Hessel presented the Board with more information on rejected ACC submittals. Mike requested the Board request a letter from our outside legal counsel stating that the ACC cannot object to cedar shake shingles in Briar Court due to the fact that they cannot grant variances. The Briar Court deed restrictions state all homes must have cedar shake shingles. Bobbi will contact the law firm regarding this matter.

Courtney Hencke presented the monthly financial report to the Board. Collections are at about 99%. About $70K has been earmarked for repairs to the Westheimer Wall.

Jose Llana reported to the Board that last weekend’s free tennis clinic was a success and appreciated by the residents. The youth summer tennis camp will be held in July and August, and every youth participating may invite a guest. Jose discussed changes the tennis committee would like to see to the BGP tennis rules and presented them to the Board. Kaylan responded the Board is working on changing the tennis rules and will discuss later tonight increasing the non-resident fee to join the BGP facilities. A lengthy discussion was held on revising the rules to protect BGP tennis facilities against commercial use by non-resident members and resident members.

Courtney Hencke presented a proposal to the Board to purchase a “gaga pit” which would need to be assembled and installed by volunteers at the playground. Players would need to bring their own ball to play. Courtney Hencke made a motion to purchase a gaga ball pit for less than $5,000.00 including removing the light pole and installing a junction box and removing the crepe myrtle that will be in the way. Kayvan Zarea seconded the motion, and it carried. If removing the pole proves to be an issue and more expensive than the approved amount, the purchase will be revisited.

Kaylan Caballero and Bobbi discussed the difficulties being experienced with the new pool company and the length of time it seems to be taking them to operate the pool smoothly. Bobbi will check references of Swim Houston Management and call them to see if they would be able to step in this summer if the Board makes that decision.

Charles Rogers made a motion to purchase ten additional pool chairs for a cost of $1104.20. Larry Shamp seconded the motion, and it carried.

The Board reviewed a proposal from PayLease to offer a link on the BGP website to pay the annual maintenance fee from their checking account. The Board declined to participate as the Board did not want to give a “foundation” copy of our QuickBooks file and property owners can do this through their own bank accounts.

The Board approved Force Mows for three properties whose front yards violate the deed restrictions. The Board approved removing a late fee from a Briar Court property due to mail forwarding problems. Bobbi was given another tree person to call to remove the broken pine branch from the Briar Forest median. The Board approved authorizing RMWBH to send an initial demand letter to three properties with inoperative post lights who have not responded to 209 letters.

The Board went into executive session.

The Board returned to open session. Kaylan Caballero made a motion to increase the non-resident facility fee to $1200/year. Charles Rogers seconded, and the motion carried unanimously.

There being no further business to come before the Board, the motion was made to adjourn at 10:12 p.m. The motion carried.

Respectfully submitted: Approved.