Board General

LGPOA Board Business Meeting Minutes from 5/31/18

President Richard Leydon called the conference call meeting to order at 10:31 a.m.

Marietta Abele, Mary Lou Davidson, Paul Holmes, Richard Leydon, Rhonda Olson, Terrie Weibley

President Leydon brought the Board up to date on recent events that have occurred since the May 15th Board meeting. These include a through-way for essential services on the east border of Mr. Grund’s property which was cut due to the need for water main maintenance, necessitated by the fencing of Mr. Peek’s property. David Haynes advised Mr. Grund to post “No Trespassing” signs for liability purposes. President Leydon has conveyed to Mr. Grund by email that the Board stands ready to investigate liability insurance protection for the connection through his border from one aspect of the north-south corridor to another and awaits his response. President Leydon emphasized that the overriding principle for the solution to the north-south impasse is that our aim is to cause the least disruption to homeowners. In that regard, seeking access from one property owner is better than affecting three or more, for instance. He has also met with attorney Bob Berntsson regarding legal issues related to the easement moving forward.

The LGPOA carries a liability policy that is pertinent to the road issue. Rhonda Olson reviewed the LGPOA insurance policy with associates at the Key Agency. She provided policy summaries and clarifications for Board members to review prior to this meeting. Her extensive efforts documented that the LGPOA policy appears to cover the island’s property owners in regard to liability on the north-south corridor. Should the Board ever decide to take on maintenance of the road, an additional fee per mile would be assessed on the policy.

Rhonda also spoke with Steve Norton of FPL today. The FPL seeks a clear path to service the electrical grid, which Mr. Peek’s gate widths do not currently provide. Mr. Norton hopes to talk with President Leydon while on the island in that regard. The Board has asked FPL to hold off on clearing a path through another homeowner’s property and connecting with Seagrape, in the hope that a solution affecting fewer properties will be quickly found.

Mary Lou Davidson suggested further exploration of the issue of prescriptive rights/easement as a remedy for closure of the north-south corridor. She will begin to explore appropriate legal counsel in this regard. The Board discussed the “Facebook effect,” in which island issues may be escalated by inaccurate or poorly worded information. The need is for accurate, timely information properly disseminated. President Leydon summarized the current state of the north-south corridor, describing things as moving quickly in terms of potential solutions without a clear path at present. A recommendation to survey islanders regarding their views is under consideration.

Though there is an immediate need to provide access from north to south and vice versa, without which goods and services can not properly be supplied, the long-term recognition of a corridor and questions of liability that remain can best be approached with a combination of expertise and communication. The Board’s interest is in determining north-south access with the least disruption to islander properties while minimizing any financial cost.

• President Leydon will meet within the next few days with FPL’s Steve Norton and contact Seagrape Dock Association’s Diane Cordell to hopefully hold off on any new access through the Seagrape and Frazier properties until the optimal north-south route has been determined. The President will also continue to work closely with barge pilot Andy Dixon of Eldred’s Marina, since he also has not been provided access through Mr. Peek’s property.

• Rhonda Olson will immediately follow-up with attorney Bob Berntsson to seek review of the POA insurance policy and clarification of liability coverage. His fees for service are not yet known, but this review is of primary importance as we pursue north-south corridor solutions.

• Rhonda will also begin to develop questions for an island survey related to this issue.

• Mary Lou Davidson will speak with an attorney re: willingness to weigh in on the prescriptive rights/easement issue, and will invite past Board member Tom McCoy to advise as well. These steps met with unanimous approval.
• All Board members will become familiar with the LGPOA insurance parameters, await feedback from Mr. Grund regarding his willingness to work with the Board on access for the north-south corridor and prepare to meet by telephone or in person regarding further actions related to the issues surrounding the LGI north-south corridor.
• Terrie Weibley will submit the minutes ASAP.

President Leydon adjourned the conference call at 11:49 a.m.

Respectfully Submitted,
Terrie Weibley
District 8 Representative and Recording Secretary