PCEL AGM Minutes 2023

 

 

Pacific Close Estates Ltd Company Number: 07450803   MINUTES OF ANNUAL GENERAL MEETING

 

Property:	PACIFIC CLOSE	Client ref:	PAC000
Meeting:	ANNUAL GENERAL MEETING	Meeting No:
Venue:	HARBOUR LIGHTS OCEAN VILLAGE
Date and time:	WEDNESDAY 10TH MAY 2023 AT 10.30 A.M.

 

Present	Title	Representing
Please insert attendees from list, including Directors	Mr R Vose Rod Allsworth Adrian Smith Sylvie Smith Sarah Reid Mr T O’Connor Mr J Gallagher Mr A Power Mr R Lyons Mr G Cook Mr D & Mrs C Craig	83 52 45 55 60 27 91 85 89 53 72

 

In attendance
Paul Drake		Observer

 

Minutes of Meeting

Item		Action
1.00	To receive Apologies & Proxies   Apologies were received from: Andrew Graham Flat 56 appointing Ray Lyons as Proxy David Bass Flat 54 appointing Ray Lyons as Proxy Graham Cook Flat 53 appointing Ray Lyons as Proxy Gareth Griffiths Flat 42 Heather Blackwell Flat 67 appointing David Craig as Proxy Elizabeth Platts Flat 84 Enrico Clark Flat 88 appointing Ray Lyons as Proxy Raymond Park Flat 92 appointing the Chairman as Proxy Elaine Green Gamcolla Developments Flat 25 appointing the Chairman as Proxy
2.00	Directors Report   The Chairman Robert Vose (RV) discussed several emails that had been circulated by some of the residents and confirmed to all Members that the meeting is being recorded.   RV apologised for the late notification of the venue, explained the circumstances and noted that Members had received the AGM Notice and there were 20 present.   Dr Correa (Dr C) and Ray Lyons (RL) both challenged the Notice of the meeting and commented that the communication had not been circulated correctly.   Anthony Power (AP) explained he had advised Members that he was putting himself forward to join the Board. The Directors confirmed they had requested AP attend a previous Board meeting.   This led to discussion about the procedures required to appoint Directors.   RV explained that he did not believe the Nomination Form for RL had been received (Post meeting note, Napier had forwarded the nomination to the Board however, it had been attached as a photograph to an email inside another email and as a consequence of the volume of emails prior to the meeting it had been inadvertently missed).   After these discussions the Chairman agreed the meeting could be adjourned and asked for a vote by a show of hands.  There were only 2 votes in favour of adjourning the meeting and all others present voted to proceed and therefore the meeting continued.   RV explained that all the decisions were made by the Board collectively.   RV went on to explain the rationale for the £10,000.00 which is included within the Budget only.  He confirmed that there had previously been no charges to the service account against this fund that has been set aside for any necessary expenditure on legal or professional services during the year.   He also explained that legal advice had been obtained following a legal challenge to stop the installation of CCTV by Ray Lyons. The legal costs would be taken from the Service Charge accounts which was an example of the type of expense for which funds have been budgeted.   RV then went on to explain how the voting arrangements works.   He also discussed the role of Napier and the significant increase in workload that has been created by a small number of Owners and to relieve part of the workload was the reason for removing the responsibility for the duties of Company Secretary of PCEL from Napier.     After this there was discussion on the role of the Company Auditors and the year-end accounts.  RV explained that there is a distinction between the accounts for Pacific Close Estates Ltd and the Service Charge accounts (also described as Management accounts for the Estate).  There was also discussion on the Founder Member payments and RV explained the payment to the Founder Members is made from the proceeds of the sale of Lease Extensions and is not paid from the Management fees (Service Charge accounts).
3.00	Pacific Close Residents Association   RV explained PCEL have provided support to the assist the work of PCRA and regular meetings are now planned between representatives of the two organisations.
4.00	Other Matters   a)      RV explained that the Directors had discussed the provision of regular security patrols and obtained indicative costs which are significant.  It was considered an unnecessary additional expense at present but this matter was being kept under review.   b)      MDL – RV explained that legal advice had been obtained on the terms of Lease of the small car park currently used by MDL.   The Board had met several times with MDL to discuss the commercial use of the carpark by MDL customers and visitors and further efforts are ongoing to resolve the issues created by the additional traffic and disturbance to nearby residents caused by these activities.  It may be necessary to use a Legal Mediator to try to resolve matters.   c)       RV commented on the significant savings that had been achieved by the Directors in progressing CCTV, the installation of TooB broadband, the external decoration, the jetty maintenance, and insurance matters.   He also commented that significant improvements have been achieved around the Estate at a minimal cost to the Service Charge accounts.   Questions from the floor:   a)      Security Patrol – The area covered by the MDL security guards on Pacific Close is at no cost to Pacific Close at present.  b)      Discussions are taking place with the parking patrol company regarding having additional parking patrols. A general discussion took place regarding the parking issues, the new permits and abuse of parking privileges.  RV explained that Napier had been asked to add property numbers to the permits but that had not occurred. There was a comment that there are privacy issues to also be considered however there is a record of the numbered permits that have been issued to each property.   c)       There was a question raised about the cost of legal action by a lease holder and whether it should be charged back to the individual rather than included as a charge to the estate within the Service Charge accounts.  RV agreed to check if this could be reclaimed.   RL commented that he thought the patrols do cover the whole estate.   There was also a comment that the parking company could be incentivised to recover any costs in issuing more parking fines.   This led to general discussion about 24 hr security and the additional cost which might be as much as £100.00 per property per annum.   d.)           AP commented on the benefits of CCTV and that anti-social incidents           may be recorded and should be reported to the Police. RV confirmed that the Police had recommended CCTV on estates like Pacific Close.
5.00	Ocean Global Race   RV commented that it is anticipated there would be 50-70,000 spectators and circa 17 super yachts in Ocean Village.  There are discussions currently being held with MDL about appropriate measures during that time to avoid any issues with the vehicles parking in Pacific Close and spectators seeking to view the event.   It was noted the race is starting in September with arrangements commencing a couple of weeks prior to that.   Tom O’Connor (TOC) confirmed he would liaise with MDL and PCRA regarding plans for the crowd control and parking arrangements. Sarah Reid also volunteered to assist in the organisation of the arrangement re the yacht race.
6.00	Water Leaks   There was discussion on water leaks in apartments in several blocks and the volume of insurance claims.   Rod Allsworth confirmed that he had discussed with the insurance broker and there had been several claims of circa £11,500.00 and £24,000.00 in the last year.    The number and value of claims has recently increased and that would directly impact the premiums.  The excess which is currently £500.00 could be increased to £1000.00.  It was noted that the premium last year was £16,000.00 as opposed to an earlier premium of £12,000.00.   There was an explanation on how the premium is broken down by block rather than by apartment as it depends on the rebuild value of each block.  An option being considered would be to increase the excess or create a fund to cover small claims.   Napier have been advised that before submitting claims to the insurance company they must discuss the basis of the claim with the directors of PCEL.   AP offered to review and prepare a Cost Benefit Analysis of the various options.   It was commented there had been a problem with a gas leak from a gas supply pipe in at least two apartments. Attendees were reminded they should have an annual gas safety check to include a gas pressure test.   Dr C asked how increasing the policy excess would impact individual property owners and RV explained it would only normally be charged to individual owners if the problem was caused by a failure of installation or utility within their property.   b.) Electric Vehicle Charging RV raised the matter of EV charging.  It was explained that advice had been received that electric vehicles, including disability scooters, should not be charged in garages.  RV explained PCEL are exploring a range of options to introduce EV charging facilities to the estate.   There was a discussion on how lamp post charging points had been installed on lamp posts on a similar estate in Milton Keynes where under footpath gulley had been created to take the charging cables. Six lampposts at PC had been identified as potentially suitable. It may also be feasible in conjunction with use of solar panels.   c.) Gas Boilers RV commented that replacement gas boilers would not be available after 2030 and that an appropriate provision for an alternative source of energy for the estate would need to be considered.   d.) Fuse Boxes It was noted there had been some earthing problems with the electrical fuse boxes.
7.00               8.00	Nominations to PCEL   Membership applications had been received from Flat 88, Flat 84 and House 39, these were approved with no objections.   Dr C raised the issue of cheques being returned.  Robert Vose explained the circumstance relating to this specific case.   Any Other Business a.)    Jetty Dr C raised concerns that decking on the jetty was unsafe in places. RV explained that a survey was being commissioned to determine the condition of the jetty and to make recommendations for any necessary repairs. In the meantime, to avoid the risk of injury, it was concluded access to the jetty should be locked its use prohibited until the results of the survey are known. Dr C also commented on regular maintenance of the jetty by F&S in the past and RV confirmed arrangements would be put in place following the survey and completion of any necessary repairs.   b.)    CCTV Dr C commented on the positive benefits of CCTV as a deterrent to anti-social behaviour.    c.)     Service Charge Accounts RL asked about the 2022 Accounts and RV confirmed a problem had been identified in the trial balances and Napier and the Accountants are working to reconcile the position.   AP would be asked to assist with a review of the accounts to resolve any outstanding issues.  (Post Meeting Note :  the auditors had held a very productive meeting with Napier and many of the outstanding issues had been resolved)   d.)    Memorandum & Articles There was a query as to where a copy of the Memorandum & Articles of Association for PCEL could be obtained and it was confirmed they are available from Companies House.   There were some general discussions regarding periodic review of appointment and contracts of Agents, Accountants and Insurance Brokers.
9.00             10.0	RV explained that during whilst the AGM was proceeding he had received a Nomination form for Ray Lyons which had been embedded in another email from Gail Drysdale at Napier.  RV offered to set up electronic voting system for members to vote on the proposal.   RL accepted this offer.  Subsequent to the meeting the online poll has been held and the vote was 7 votes for and 12 votes against.   Appointment of Accountants for the following year   RV proposed HJS be reappointed as Accountants for PCEL and explained that they have expertise for managing complex tax issues particularly on the sale of Lease Extensions.  After a vote this proposal was carried.   Appointment of Anthony Powers as Director   After a vote this appointment was agreed
	There being no further business the Meeting closed at 12.00 p.m.