2007 July Minutes

Minutes of the Board of Directors of the Eastern Connecticut REALTORS® Information Service, Inc.

In attendance: John Vincent, Susan Barnhouser, John Bolduc, Bruce Brast, Debra Chamberlain, Carol Christiansen, Linda Davis, Robert Kimball, Adam Mancini, Samantha Storey, and Gail Whitney.
Absent: Ruth Butler, Merry Cassabria, Alvin Kinsall, Richard Loomis, Marilyn Lusher, Rachael Sposato, and Janifer Zacharski.

President John Vincent called the meeting to order at 10:24 A.M.

CONSENT AGENDA: It was moved, seconded and carried to approve the consent agenda which contained the following items:

Approval of the minutes of the June 21, 2007 ECRIS Board of Directors meeting.

Approval of the June, 2007 Financial Statements subject to audit.

CORRESPONDENCE:

PRESIDENT’S REPORT:

EXECUTIVE VICE PRESIDENT’S REPORT: It was moved, seconded and carried to delete the word "Service" and replace it with the word "User" in Section 2 (a) of the ECRIS Rules & Regulations as follows:

(a) For failure to pay any service charge or fee within one month of the date due, and provided that at least ten days notice has been given, the Service User shall be suspended from membership in the Eastern Connecticut REALTORS® Information Service and the Eastern Connecticut Association of REALTORS® until service charges or fees are paid in full, including late charges authorized by the Board of Directors.

UNFINISHED BUSINESS:
COMMITTEE REPORTS:
NEW BUSINESS:

There being no further business, the meeting adjourned at 10:41 A.M.

The next scheduled meeting will be on August 23, 2007 at 9:00 A.M. at the Eastern Connecticut Association of REALTORS®.

Respectfully submitted: Carol Christiansen, Secretary

 


Minutes of the Board of Directors of the Eastern Connecticut Association of REALTORS®, Inc.
July 19, 2007

In attendance: John Vincent, Susan Barnhouser, John Bolduc, Bruce Brast, Debra Chamberlain, Carol Christiansen, Linda Davis, Robert Kimball, Adam Mancini, Samantha Storey, and Gail Whitney.
Absent: Ruth Butler, Merry Cassabria, Alvin Kinsall, Richard Loomis, Marilyn Lusher, Rachael Sposato, and Janifer Zacharski.

President John Vincent called the meeting to order at 9:05 A.M.

CONSENT AGENDA: It was moved, seconded and carried to approve the consent agenda which included:

Approval the minutes of the June 21, 2007 ECAR Board of Directors meeting.

Approval the minutes of the June 21, 2007 ECAR Board of Directors Executive Session.

Approval of the June, 2007 Financial Statements subject to audit.

Approval of the new REALTOR® Agency, REALTOR® members and Affiliate members.

PRESIDENT’S REPORT:
PRESIDENT ELECT’S REPORT:

EXECUTIVE VICE PRESIDENT’S REPORT: It was moved, seconded and carried to add the following mandatory bylaw change required by NAR as the last sentence of Article XIII Section 1 of the ECAR Bylaws.

Any misuse of the terms by members is a violation of a membership duty and may subject members to disciplinary action by the Board of Directors after a hearing as provided for in the association’s Code of Ethics and Arbitration Manual.

It was moved, seconded and carried to recommend that the membership approve the following changes to the ECAR Bylaws:

Article V, Section 2, second paragraph – change MLS to Eastern Connecticut REALTORS® Information Service, Inc.

Article VI, Section 13 – change MLS to Eastern Connecticut REALTORS® Information Service, Inc.

Article X, Section 4 – change Association’s Multiple Listing Service to Eastern Connecticut REALTORS® Information Service, Inc.

Article X, Section 6 – change Association Multiple Listing Service to Eastern Connecticut REALTORS® Information Service, Inc.

Article XVIII, Section 1 change as follows:

The Eastern Connecticut Association of REALTORS® shall may maintain for the use of its Members a Multiple Listing Service, known as the Eastern Connecticut REALTORS® Information Service, Inc. which shall be a lawful corporation of the State of Connecticut all the stock of which shall be owned by the Association of REALTORS®.

It was moved, seconded and carried to recommend that the membership approve the following changes recommended by NAR to the Article V, Section 2 – Qualification, of the ECAR Bylaws: (underscoring indicates additions)

(a) An applicant for REALTOR® Membership who is a sole proprietor, partner, corporate officer, or branch office manager of a real estate firm shall supply evidence satisfactory to the Board through its Membership Committee or otherwise that he is actively engaged in the real estate profession, and maintains a current, valid real estate broker’s or salesperson’s license or is licensed or certified by an appropriate state regulatory agency to engage in the appraisal of real property, has a place of business within the state or a state contiguous thereto (unless a secondary member), has no record of recent or pending bankruptcy*, has no record of official sanctions involving unprofessional conduct**, agrees to complete a course of instruction covering the Bylaws and Rules and Regulations of the Board, the Bylaws of the State Association, and the Constitution and Bylaws and Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS®, and shall pass such reasonable and nondiscriminatory written examination thereon as may be required by the Committee, and shall agree that if elected to membership, he will abide by such Constitution, Bylaws, Rules and Regulations, and Code of Ethics. (Amended 1/05)

* No recent or pending bankruptcy is intended to mean that the applicant or any real estate firm in which the applicant is a sole proprietor, general partner, corporate officer, or branch office manager, is not involved in any pending bankruptcy or insolvency proceedings or, has not been adjudged bankrupt in the past three (3) years. If a bankruptcy proceeding as described above exists, membership may not be rejected unless the Board establishes that its interests and those of its members and the public could not be adequately protected by requiring that the bankrupt applicant pay cash in advance for Board and MLS Eastern Connecticut REALTORS® Information Service, Inc. fees for up to one (1) year from the date that membership is approved or from the date that the applicant is discharged from bankruptcy (whichever is later). In the event that an existing member initiates bankruptcy proceedings, the member may be placed on a "cash basis" from the date that bankruptcy is initiated until one (1) year from the date that the member has been discharged from bankruptcy.

** No record of official sanctions involving unprofessional conduct is intended to mean that the Board may only consider:

1. judgments against the applicant within the past three (3) years of violations of (1) civil rights laws, (2) real estate license laws, and (3) or other laws prohibiting unprofessional conduct against the applicant rendered by the courts or other lawful authorities.
2. criminal convictions if (1) the crime was punishable by death or imprisonment in excess of one year under the law under which the applicant was convicted, and (2) no more than ten years have elapsed since the date of the conviction or the release of the applicant from the confinement imposed for that conviction, whichever is the later date. (Amended 6/07)

NOTE: Article IV, Section 2, of the NAR Bylaws prohibits Member Boards from knowingly granting REALTOR® or REALTOR-ASSOCIATE® membership to any applicant who has an unfulfilled sanction pending which was imposed by another Board or Association of REALTORS® for violation of the Code of Ethics. (Adopted 1/01)

(b) Individuals who are actively engaged in the real estate profession other than as sole proprietors, partners, corporate officers, or branch office managers in order to qualify for REALTOR® Membership, shall at the time of application, be associated either as an employee or as an independent contractor with a Designated REALTOR® Member of the Board or a Designated REALTOR® Member of another Board (if a secondary member) and must maintain a current, valid real estate broker’s or salesperson’s license or be licensed or certified by an appropriate state regulatory agency to engage in the appraisal of real property, has no record of official sanctions involving unprofessional conduct*, shall complete a course of instruction covering the Bylaws and Rules and Regulations of the Board, the Bylaws of the State Association, and the Constitution and Bylaws and Code of Ethics of the NATIONAL ASSOCIATION OF REALTORS®, and shall pass such reasonable and nondiscriminatory written examinations thereon as may be required by the Membership Committee and shall agree in writing that if elected to membership he will abide by such Constitution, Bylaws, Rules and Regulations, and the Code of Ethics. (Amended 6/07)

* No record of official sanctions involving unprofessional conduct is intended to mean that the Board may only consider:

1. judgments against the applicant within the past three (3) years of violations of (1) civil rights laws, (2) real estate license laws, and (3) or other laws prohibiting unprofessional conduct against the applicant rendered by the courts or other lawful authorities.
2. criminal convictions if (1) the crime was punishable by death or imprisonment in excess of one year under the law under which the applicant was convicted, and (2) no more than ten years have elapsed since the date of the conviction or the release of the applicant from the confinement imposed for that conviction, whichever is the later date. (Amended 6/07)

(c) The Board/Association will also consider the following in determining an applicant’s qualifications for REALTOR® membership:

1. All final findings of Code of Ethics violations and violations of other membership duties in any other association within the past three (3) years
2. Pending ethics complaints (or hearings)
3. Unsatisfied discipline pending
4. Pending arbitration requests (or hearings)
5. Unpaid arbitration awards or unpaid financial obligations to any other association or association MLS
6. Any misuse of the term REALTOR® or REALTORS® in the name of the applicant’s firm. (Amended 6/06)

"Provisional" membership may be granted in instances where ethics complaints or arbitration requests (or hearings) are pending in other associations or where the applicant for membership has unsatisfied discipline pending in another association (except for violations of the Code of Ethics; See Article V, Section 2 (a) NOTE 2) provided all other qualifications for membership have been satisfied. Associations may reconsider the membership status of such individuals when all pending ethics and arbitration matters (and related discipline) have been resolved or if such matters are not resolved within six months from the date that provisional membership is approved. Provisional members shall be considered REALTORS® and shall be subject to all of the same privileges and obligations of REALTOR® membership. If a member resigns from another association with an ethics complaint or arbitration request pending, the association may condition membership on the applicant’s certification that he/she will submit to the pending ethics or arbitration proceeding (in accordance with the established procedures of the association to which the applicant has made application) and will abide by the decision of the hearing panel.

It was moved, seconded and carried to refer the possible creation of a Sunshine Committee to the Member Services Committee for a recommendation.

COMMITTEE REPORTS:

FORMS COMMITTEE: It was moved, seconded and carried to deny the Forms Committee request to provide forms for free to the membership.

It was moved, seconded and carried to purchase the Omniform .exe files for use by the members on the Members Only side of the web site from Burr Design at a cost not to exceed $4,000.00 annually.

STRATEGIC PLANNING COMMITTEE: It was moved, seconded and carried to approve the 2007-8 ECAR Strategic Plan as presented.

NEW BUSINESS:

It was moved, seconded and carried to enter executive session for the purpose of considering Professional Standards Committee Hearing Panel decisions at 10:05 A.M.

The meeting resumed at 10:13 A.M.

It was moved, seconded and carried to authorize the President to appoint a subcommittee of the Grievance Committee for the purpose of reviewing and possibly acting on anonymous complaints, subject to receipt of procedures from Linda Davis.

There being no further business, the meeting adjourned at 10:22 A.M.
The next meeting will be on August 23, 2007 at 9:00 A.M. at the Eastern Connecticut Association of REALTORS®.

Respectfully submitted: Carol Christiansen, Secretary


Minutes of the Forms Committee Eastern Connecticut Association of REALTORS®, Inc.
July 17, 2007

In attendance: Frank Busch, Andrew Cellemme, Thomas Sheldon, Lucien Laliberty, Valerie Votto, Masha Robarts and Alan Messier.
Absent: Stuart Norman and Toby Griffis.


Frank Busch called the meeting to order at 9:00 A.M.

It was moved, seconded and carried to approve the minutes of the June 19, 2007 meeting.

It was moved and seconded and carried to recommend to the Board of Directors that all the Multi-part (English) Forms previously provided at no fee or charge to the members be re-established therefore providing all of the Multi-part (English) Forms and also including the Unrepresented Buyer Form at no charge or fee to the membership using the member dues structure to bear the cost.

Rationale for this recommendation includes the following:

ü The current method of charging a fee for the Multi-part forms created an undo financial burden on the Brokers.

ü The Board is supporting the use of Omni Forms for the Board generated Forms and as such has been providing resources and paying for the development of these using Omni Forms and should still continue to provide the Multi-part forms at no cost to the members. The increased use of the Omni Forms (fillable versions) should decrease the need for the Multi-part Forms and therefore, reduce the overall cost to provide them.

ü The use of Multi-part Forms also avoids some of the unnecessary risk of not having additional copies in circulation.

Letter from Alan Berman: Valerie Votto will investigate the "Renaming "of the Unrepresented Person Form and/or the "development of a new similar form" and report back to the committee at the next regular meeting in August.

Remedy Clause: Andrew Cellemme informed the committee that the New London County Association of Attorneys did not have any comments concerning our new revised Remedy Clause. Andrew will email John Bolduc a copy of this clause for further discussion at our next meeting in August.

2006 ECAR Member Survey Comment #52: Lucien Laliberty will fax/email a copy of his Hubbard Clause to John Bolduc who will distribute this to the committee members for review at our next committee meeting.

The meeting adjourned at 11:15 am.
The next meeting will be August 21, 2007 at 9:00 A.M.

Respectfully submitted: Frank Busch, Chairman


Minutes of the International Committee Eastern Connecticut Association of REALTORS®
July 9, 2007

In attendance: Bruce Brast, John Bolduc, Donald Burbank, Merry Cassabria, Sal Costanza,and Vanessa Evans.
Absent: Ronald Bates, Lea Borgne, William Cheng, and David Ronick.

Bruce Brast called the meeting to order at 10:00 A.M.

It was moved, seconded and carried to approve the minutes of the June 11, 2007 meeting.

Bruce Brast announced that Suzanne Hand and Vivian Torregrossa have been removed from the committee due to lack of attendance.

It was moved, seconded and carried to create an ECAR Foreign Language Directory. Merry Cassabria and Sal Constanza will work on its creation.

It was moved, seconded and carried to provide the "Do you speak…" flyer to Mohegan Sun and Foxwoods for distribution to their employees.

The meeting was adjourned at 10:38 A.M.

The August 13, 2007 meeting is cancelled. The September 10, 2007 meeting has been rescheduled to September 17, 2007 at 11:00 A.M.

Respectfully submitted: John Bolduc, Executive Vice President


Minutes of the Finance Committee Eastern Connecticut Association of REALTORS®
July 9, 2007

In attendance: Thomas Switz, John Bolduc, Linda Davis, Alvin Kinsall, Norm Krayem, and Adam Mancini.
Absent: Ronald Bates, Robert Kimball, Licia Sas, and John Vincent

Tom Switz called the meeting to order at 9:05 A.M.

It was moved, seconded and carried to approve the minutes of the June 11, 2007 meeting.

It was moved, seconded and carried to approve the June 30, 2007 ECAR Balance Sheet and Income Statement subject to audit.

It was moved, seconded and carried to approve the June 30, 2007 ECAR Charitable and Education Fund Balance Sheet and Income Statement subject to audit.

It was moved, seconded and carried to approve the June 30, 2007 ECRIS Balance Sheet and Income Statement subject to audit.

The committee began the review of the ECAR, ECRIS, and ECARCEF 2008 budgets.

The meeting adjourned at 10:00 A.M.

The next meeting will on August 13, 2007 at 9:00 A.M. The September 10, 2007 meeting has been rescheduled to September 17, 2007 at 10:00 A.M.

Respectfully submitted: John F. Bolduc, Executive Vice President


Minutes of the Strategic Planning Committee Eastern Connecticut Association of REALTORS®
July 6, 2007

Present: Susan Barnhouser, Ronald Bates, Marjorie Blizard, John Bolduc, Edward Bowes, Marvin Elbaum, Martha Parrette-Pray Ludwig Pulaski, Samantha Storey, and Thomas Switz.
Absent: Bruce Brast, Robert Kimball and Lora Merrill.

Susan Barnhouser called the meeting to order at 9:10 A.M.

It was moved, seconded and carried to approve the minutes of the May 29, 2007 meeting.

It was moved, seconded and carried to recommend that the ECAR Board of Directors approve the 2007 – 8 Strategic Plan.

It was moved, seconded and carried to request that the Finance Committee budget $4,200 for the Strategic Planning Committee for 2008.

The meeting adjourned at 10:28 A.M.

Respectfully submitted: John F. Bolduc, Executive Vice President