Issue Discussion Action Due Date & Assigned to I. Regular Board of Directors Meeting

Transcription

1 MPOA Board of Directors' Meeting March 17, 2012 Members present are Betty Newell, Cindy Whitelock, Candy Matthews of GERC, Steve Kozup, Clint Robertson, Jeff Bolander, Eddie Shuff, Wayne Shipman, MVOA Representative and Jay Hutchens. Board Members absent are, Tom Galvin, Wayne Lewandowski, David Walton, and Kris Allworth. Also in attendance are Administrator Carter Miller, Gary Monger, Financial Manager, Attorney Joseph Mauk, Patty Watson of Villager Publications, approximately six property owners, and Iva Gordon as recording secretary. I. Regular Board of Directors Meeting Called to order at 9:00 a.m. by President Newell. II. Pledge of Allegiance President Newell requested Barry Elwood lead the Pledge of Allegiance. III. Confirmation of Agenda Confirmation of Agenda and/or changes. Agenda confirmed with adding of item 3. Committee Appointment under VII: Committee Reports and G. Added under VIII. Old Business A. 2. a. Motion to Participate. Added under IX. New Business item 3. Arbor Day Resolution Pres. Newell welcomed all members and guests in attendance. IV. Business From the Floor B. Bloomquist, member of the Lions Club, spoke of plans for the 20 th anniversary celebration. Improvements will be made to the median area, as you turn into the Village, with approval from VDOT. The project will be dedicated in memory of a Lion member. Mr. Bloomquist is running for the Board and feels strongly that everyone reaching out should have the opportunity to be elected to the Board. Pres. Newell introduced attorney Joe Mauk from Litten and Sipe law office. Sec. Robertson stated that a quorum was present will four Board Members absent. V. Approval of Minutes of January 21, 2012 Board Meeting Minutes were corrected on page 7, fourth paragraph from the top. W. Shipman made a motion to accept the January 21, 2012 Minutes with correction. J. Hutchens made a second and the motion carried. Iva Gordon will make the corrections. 1

2 V. Approval of Minutescontinued Approval of Minutes of January 31, 2012 Board Meeting Minutes were corrected on page 3, fourth paragraph from the bottom. Motion to approve the minutes of January 31, 2012 as corrected was made by C. Robertson. A second was made by J. Bolander and the motion carried unanimously. Iva Gordon will make the correction. VI. Officer s Reports Treasurer s Reports Finance Manager, Gary Monger G. Monger states that the investment account has a balance of $241,400 and the $4,620 continues to be deposited monthly. The Investment Committee has had a meeting since the last Board meeting, per Mr. Monger. The February 2012 Profit and Loss Statement shows over budget by $13,000 in revenue which is due to the weather. $30,000 over budget for the year. A good year in amenities. Rental is doing quite well. The maintenance budget also reflects not needing salt for Reports were accepted as presented. Administrator s Report Office computers will be down on Monday as we install hard drives for the main frame for backups, but the office is open. Mr. Miller has been in touch with MPSC and hopefully patching will start early next week. Go karts have been ordered and are expected in within the next three weeks. Six double cars have been ordered. The pool upgrades are going nicely. Painting of the exterior and interiors and upgrading the floors are planned. Installing of a handicap access to the pool is underway. The new ADA requirement will cost about $4,000 and will be in the shallow end of the pool. We are now required to have two points of access. J. Bolander asked about checking the neighborhoods for compliance. Carter rides through and handles, on a regular basis. House number locations are not in compliance, per Mr. Bolander. Carter states that Rockingham County has enforcement powers for this problem and nothing for the Rules Committee to consider. 2

3 Developer Report -Candy Matthews C. Matthews reports their main focus is to upgrade Shenandoah Villa units. Terrains are not allowing these units to be handicap accessible. Woodstone units will be used as substitutes for access. The Resort went directly from winter into summer. One day skiing and the next day, using the zip line. People are no longer thinking about snow, per Mrs. Matthews. It takes a temperature of 29 degrees plus lots of variables in weather conditions to be able to make snow. Mountainside Villas Owners Association Report given by Wayne Shipman VII. COMMITTEE REPORTS: Executive VII. COMMITTEE REPORTS: Architectural & Ecological Control- by Steve Kozup Long Range Planning - Report given by S. Kozup The RCI scores continue to be good for February. The 2011 audit is complete. Manager, Jocelyn Carl, is back from Australia. Linda is receiving treatments for cancer. No meeting was held per President Newell. A Personnel Committee meeting was held on March 7, There will be discussion later in this meeting. Six alterations/additions were brought for review at the last A&ECC meeting per S. Kozup. There was one rejection of adding a storage building. Things are picking up. First business item is to be discussed later which is about the expansion of water and sewer services. In regards to representation of MPOA at Rockingham County government meetings, a draft motion is presented. We hope to ensure better representation at the county meetings. A designee is to be empowered to represent. With regular representation at County meetings, the President, Vice-President, Administrator, would become a known face to the supervisors and we would get representation for the community, per Mr. Kozup. C. Workman states that this is a wonderful motion but would like to change the designee to the Administrator Position. If the Administrator is unable to attend, then we can call the President. No micro-management. Board Member Kozup read the motion (Draft attached.). 3

4 Long Range Planning - Report given by S. Kozup - continued C. Robertson says he totally disagrees. The supervisors need to see who was elected to the Board by the people of the community. Carter was not elected and will be regarded as a hired person. The President or Vice-President would be recognized as elected officials with power to act. J. Bolander states that the resolution was worded sufficiently. The position or President or Vice-President needs to be there to show who could go. We are looking for someone to attend all the meetings, per C. Robertson. Motion made by C. Robertson to accept as policy the recommendation from the LRPC. A second was made by J. Bolander. C. Whitelock made a motion to amend the motion to send the administrator. Motion was not accepted. Vote to approve the original motion was three yes votes (Bolander, Kozup and Robertson) and three no votes (Matthews, Shipman, and Whitelock) President Newell cast a yes vote and the original motion carried. J. Hutchens abstained from voting. An MPOA representative will start attending County meetings. Social Committee Welcome Committee Rules Committee Nominating Committee report by J. Hutchens Basically, at this time, there is no committee per J. Hutchens. There are two members now. An blast has been used to get interest. There will be no Monte Carlo night. No activities are planned, at this time. The President asked if C. Whitelock would write a letter about the demise of the committee. Patty Watson states that she will write an article for the Villager. No meeting held. Per C. Robertson, it is time to think of some new members for the Rules Committee. Be thinking it you would like to serve as liaison for appointment at the May meeting. He noted the Committee may not meet for six to nine months. The Nominating Committee interviewed the Board Candidates over two evenings. Chairman Hutchens thanks all members of this committee for their assistance in finding candidates. Tell friends and neighbors to submit applications, per Mr. Hutchens. J. Hutchens asked if Crystal and Iva or staff help as fillins until the committee is reformed in order to hold the Candidates Night event. Mr. Hutchens will ask other community organizations to help such as the Ladies Club, and Lions Club, etc. The first meeting in 2012 will be in April. The Committee could meet every month, per Mr. Robertson. It just depends upon what is brought to them for action. The Nominating Committee recommends Gene Hauze be appointed to the Long Range Planning Committee, per J. Hutchens. 4

5 Nominating Committee report by J. Hutchens - continued Meet the Candidates Night will be held on April 26, 2012 at 6:30 in the MPOA meeting room. President Newell appointed Mr. Hauze to the LRPC. Ten candidates submitted applications for Board Member. The committee will be contacting those that were not accepted and see if they have an interest in other committees. The committee unanimously accepted the following six applicants: Betty Newell (incumbent), Gene Hauze, Elizabeth Walker, Eric Millard, Eric Rynar and Michael Quinn. Arboretum Update Web Committee Firewise AD Hoc Committee Report given by Sally Cureton. The electrical wiring has been undated for the displays. Thanks to Barry Elwood. Fourteen volunteers were available last Sunday for Work Day. Good feedback was received from S. Kozup. The Great Eastern flyers show the arboretum on it for their guests, per Mrs. Cureton. W. Lowendowski is not available to present a report. J. Bolander reports that April 18, 2012 will be the next meeting date. There will be brainstorming for house numbers placement. It is the time of year for scheduled fire burning, per Mr. Bolander. Nothing near Massanutten Village, at this time. Pres. Newell asked if a rule could be added to enforce house number location. Atty Mauk states that the rule is from Rockingham County and is a County issue for enforcement. The Board accepted the slate as presented from the Nominating Committee. The Arboretum group will be hosting a used book sale with the Women s Club on May 5 & 6, There is a yard sale the same day. The Hiking Group is doing well. Seven concerts will be given with the first one the last weekend in May (26th and 27 th ). Two or three new artists will be showing their work this year. All are new residents. Saturday April 14, is a Work Day from 9 AM until 3 PM. Patty Watson states that she has received a call regarding fire prevention and an article will be in the April Villager. Admin. Miller states that MPOA could derive a rule from the Covenants. Atty Mauk will look into this and report back to the Board. 05/19/2012 Firewise Ad Hoc Committee - continued J. Hutchens requested an blast be made about the Arboretum Work Day. S. Kozup also asked for an blast. 5

6 VIII. OLD BUSINESS: Action Finance Committee The Finance Committee met on February 15, 2012 and has made recommendations for action. V-Pres. Kozup read the recommendation for an investment policy. Motion to approve the recommendation for Investment Policy was made by C. Robertson. A second to the motion was made by J. Bolander. Motion carried. C. Whitelock opposed the motion. Pres. Newell states that item two has legal questions and the subject will defer until after executive session. Comments will be accepted in executive session at the end of the meeting per Pres. Newell. Discussion Rental Agreements Admin. Miller states that the rental agreements exceed 100 and the number is growing. C. Whitelock, K. Allworth, and C. Robertson hammered out an agreement for the tenant and owner to sign. Should we make people with no interest in MPOA sign an agreement? From the legal aspect, it would be harder to rescind, if the agreement is open ended. Agreement needs to be renewed annually between the property owner and MPOA only, per Mr. Miller. C. Whitelock says to treat everything like a business. Have the owner take responsibility as with any other covenant. C. Robertson wants only for the property owner to sign, no tenants. Admin. Miller restated the pending policy change. MPOA will not require the property owner to have their tenant sign the agreement to be forwarded to MPOA. MPOA will send renewal contracts annually. If property owners sign up midyear, the first agreement will terminate on January 1 of the new year. J. Bolander made a motion for our owners and MPOA to not require the owner s tenant(s) to sign the rental agreement. A second to the motion was made by J. Hutchens. Motion carried. E. Shuff asked if 15% of homeowners have signed rental agreements. Admin. Miller reports that 140 to 150 homeowners are involved in the rental of their property. Greenview Hills is not required to sign an agreement. 6

7 Waiting for Action/Recommendations The Personnel and Executive Committee plus other Board Members met on March 7. Salary survey, established salary ranges, written policy on compensation, bonuses, etc. should be available within the next few months. Property Owner P. Craft agreed to work with the committees. New Business Term Limits J. Bolander presented an Arbor Day Resolution. There is no money associated with this resolution, per Mr. Bolander. Pres. Newell states that some Board Members would like to discuss limiting terms members can serve. Most Associations do not limit terms, per Mrs. Newell C. Robertson states that elections show that the incumbents always get re-elected. Term limits keep the Board fresh. C. Whitelock states that we even have difficulty finding volunteers to serve on fun committees. It takes months to orient new members. Pres. Newell received an from Wayne Lowendowski in favor of limiting terms and an from K. Allworth opposing the limiting of terms. Since neither of those members are present, Ms. Newell wanted to share their opinions which had been sent to her. E. Shuff agrees that term limits is a great thing. He is finishing his third term. Rarely does anyone run for more than two terms. Pres. Newell states that there are 44 years of Board experience at the table this morning, Attorney Mauk states that the Article of Incorporation and the By Laws would need to be amended to officially make the change. Motion was made by J. Bolander to accept the Arbor Day Resolution. J. Hutchens made a second to the motion and the motion carried with a no vote cast by C. Robertson. Pres. Newell read the motion prepared by C. Robertson. Motion read: No person shall be allowed to serve longer than three full terms (9 years) or be elected to the MPOA Board of Directors more than three times. No board member may serve in any one executive position for more than three years during the course of their service. E. Shuff made a second to the motion. There were six no votes and two yes votes. Motion failed. 7

8 Executive Session President Newell announced that the Board would convene into Executive Session to discuss legal issues. Motion made by C. Whitelock to go into executive session at 10:35 a.m. to discuss legal issues. A second to the motion was made by S. Kozup and the motion carried. Convene to Regular Session New Business continued The LRPC submitted a motion to be entered following discussion by the Board of the water and sewer rate increase. Pres. Newell states that MPOA Board Members may represent only themselves. Legally, in this situation, they cannot speak on behalf of the Board. As a corporation, we decided to go as a witness, not as a participant and we have to have our attorney present to speak for us. Atty. Mauk states that the benefit would be to make the position of the Association as a group and have more weight. Owners could attend and represent themselves. S. Kozup asked C. Matthews if reports were available on the studies done by Great Eastern. C. Matthews states she is not aware of studies done. Great Eastern does feel it is not appropriate for them to be on the MPOA Long Range Planning Committee. J. Bolander asked that studies be available for MPOA LRPC and that Great Eastern work with MPOA. We cannot isolate road issues and environmental issue impact. We are a private corporation and so is Great Eastern. We have a community interest and need to know what areas are to be impacted. We have asked for cooperation and we are not getting it. We are sitting here not knowing where we are going and the LRPC not knowing where we are going. C. Robertson states that he is tired of Great Eastern doing whatever they want and disregarding MPOA. They are not sharing any information and say we are partners. To be good neighbors, there should be a two-way street. Entered into regular session at 10:53 am with a report of no action being taken, while in executive session, by Pres. Newell. Chairman Kozup, on behalf of the LRP Committee, states that following discussion and because of possible cost and status as a corporation, the LRPC motion is withdrawn. J. Bolander made a motion to have the corporation go as a public witness and not as a participant and to have our attorney present. E. Shuff made a second to the motion and the motion carried. 8

9 New Business - continued S. Kozup states to be good neighbors we should share plans but Great Eastern is not sharing any plans. We appreciate the charity Great Eastern does but we also do things that benefit Great Eastern. J. Hutchens states that we don t want to sit here like soccer moms. When we speak with Mak, be specific but don t get into their business. It is obvious they want us to ask. We need to ask specific questions. J. Bolander states that we want Great Eastern to be an active member of this community for long range planning purposes. If the FCC opposes this water and sewer increase, we will want a study for after this. We need to partner for the roads, customers, clients and/or guests usage. We receive nothing but silence. We will know about a study once the State Corporation Commission has made its decision. If Great Eastern won t help, MPOA will need to do a study. Adjournment The meeting was adjourned at 11:10 AM Motion made by J. Hutchens to adjourn the regular Board meeting. A second was made by C. Whitelock. Unanimous vote for adjournment. Minutes of the March 17, 2012 Board of Directors Meeting approved on May 19, 2012 Iva M Gordon, Recording Secretary 9