Board of Director s Minutes Hale s Location Owners Association
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1 Board of Director s Minutes Hale s Location Owners Association Dick McClure President mcclure_r@usa.net Marv Bihn Treasurer bihnma@yahoo.com Mark Winters Secretary ontime9@aol.com Gary Sullivan: Cell gsullivan@whitemountainhotel.com Carol Sullivan: Cell csullivan@whitemountainhotel.com Date of Meeting: July 27, 2011 Time: 9:00 a.m. Location: White Mountain Hotel Board Members Present: Dick McClure, Marv Bihn, Mark Winters, Gary Sullivan, Carol Sullivan Committee Members present: Bill Mahoney, Bob Allen Manager: Jeff Butler Golf Pro: Julie Rivers - missing Others Present: State Representatives: Laurie Pettengill & Frank McCarthy Lori Goss Recording secretary Many HLOA Owners President Dick McClure called the OPEN monthly Board of Directors meeting to order at 9:00 a.m. at The White Mountain Hotel, Hale s Location, NH, on July 27, Meeting with New Hampshire State Legislative Representatives: Laurie Pettengill and Frank McCarthy Dick McClure welcomed and introduced: Laurie Pettengill and Frank McCarthy, two of our four, New Hampshire State Legislative Representatives. All representatives were invited. Karen Umberger, regretted and Gene Chandler also regretted our invitation Annual Budget from Carroll County Commissioner sent to all HLOA residents for pre-meeting review. Dick McClure outlined general concerns from Annual Budget from Carroll County Commissioner as it concerns Hales Location residents. Tuition for all School aged children and budget increase: From $ 25, actual 2010 to $40,000 proposed 2011 o More children now than currently included in budget. Thus cost will exceed $100,000 Election, Reg. & Vital statistics fees charged: $4000 actual 2010 to $5420 proposed 2011 New item on budget: Business administration: $9000 (unsure of what this represents) Salary for tax collector: $16, hours per week Mileage for tax collector reimbursement: $2,200 (Commute from Albany to Hales once per week.) $484,000 in bank account with un-disposed funds. (Presumed: Excess taxes collected over the life of Hales community taxpayers.) Question is: Can we access these funds for community projects for Hales? Albany tapped these funds for road repair. We were wondering if we might also do the same? Presumed that the State Legislature acts as a type of review board for the action of the Commissioners. Possible place to lodge concerns as it apply to the action of the Carroll County Commissioners to insure that they give Hales a little more attention than they seem to have done in the past. Floor opened to Representatives: Rep. Frank McCarthy s opening comment: Mr. McCarthy recommended that we invite the Chair of the Carroll County Commissioners (CCC), Commissioner Sorenson to meetings such as this, and put the questions and needs directly to him. The Legislative Delegation only approves the yearly Budget and how funds are to be appropriated upon the recommendation of the CCC. The Delegation at the State level does not have any authority over the daily activity on the County level other than the funds approval for the budget request. Rep. Laurie Pettengill s opening comment: As newly elected Representatives on the Delegation, they did vote on the Hale s Budget and were really unaware of the actual line items, as they are now being understood. It is clear that more attention needs to be paid to these appropriations and now that she is aware, it will be different next year. She does believe that Hales has cause for concern. Question from the floor: Dick McClure asked for an explanation concerning the current redistricting process as it pertains to Hales Location. Response: Rep. McCarthy and Rep. Pettengill: Not solidified as of yet, there is a House Special Committee that are working on the redistricting. It is all rumors at this point, nothing is fact. 1
2 In the County there is a potential of gaining another seat in the House with the redistricting. Conway has lost its rural status. Not slated to be completed until, most likely, early next year once they reconvene for session. Rep. McCarthy also reiterated the freshman status of both, he himself and Representative Pettengill, and apologized for the oversight during their learning curve. They have their feet on the ground now and he assured that things will change next year. Question from the floor: Marv Bihn asked for an explanation of the County Convention and if we are excluded from the information that is dispensed at this Convention because we are an Unincorporated Place. Also, he sighted RSA 24:21a (Chapter 24 of the County Conventions) which he paraphrased in part: The Carroll County Commissioners shall deliver things to the County Convention towns, mayors, etc. He then noted that: Unincorporated Places and/or Unincorporated Towns are not mentioned in this RSA. The reason that this is important is that we have not been receiving this information and statement sheets of actual income and expenses incurred on behalf of Hales. And thus, these tax issues had not been recognized previously, due to the lack of annual information, as such. What is a County Convention? A County Convention is when the 14 members of the Carroll County Commissioners meet as a Delegation. Executive Committee of the Delegation is supposed to contains three officers: A Chair, Vice Chair, and Clerk. In this County, all 14 members are on the County Executive Committee. This may satisfy the technicalities of the RSAs but does not satisfy the spirit of the RSA. Also Rep. McCarthy recommends that Hales not just invite but should demand that at least one of the County Commissioners, preferably the Chair: Commissioner Sorenson, attend the Annual Meeting of HLOA. As Hales legal representatives, they are obligated to do so. ACTION: Rep. McCarthy will discover from Commissioner Sorenson about this RSA 24:21a requirement and be sure that the statements of income and expenses are dispensed as required by law. What is this $484,000, which is in a bank account ear marked for Hales Location? Why is the interest on that balance so minimal? The Community wishes a voice in how this money is spent and not just left up to the Commissioners, if it is indeed indisposed, over- collected, taxes from the Hales community. Can the tax rate be reduced with these funds? Can it be used for community projects? It was also pointed out that this is in excess of twice the yearly taxable budget of Hales residents. He believes that this is most likely a rainy-day fund, as the law requires a certain percentage. But he needs further investigation, to be assured of this assumption. ACTION: Rep. McCarthy o Representative will inquire about this $484,000 line item with Commissioner Sorenson. He believes that this may be a rainy-day fund but he will find out exactly what this money is and to whom this money belongs. o The Department of Revenue of the State of NH, will also be contacted, as to the protocol for requesting the distribution of these said funds, and get back to us. o To be noted: The roads within Hales Location do not belong to Hales Location Unincorporated Town. Although the public may use these roads, they are owned by Hales Location Owners Association. So the question remains: Can these potential monies be used for possible road improvement, as the Town of Albany has done. Peg Maglio brought up the issue that Hales school aged children are mandated to be sent to public schools without a choice by parents. Gary Sullivan referred to two different RSA s that deal with school issues and sighted the verbiage of an RSA that states that school aged children that are to be sent to public school with these collected tax dollars. A question was posed to the Representatives about changing the verbiage of the Law from public to possibly read accredited and thus enable parental choice of schools. The issue of school choice was discussed and the process of changing Law. 2
3 Response: Rep. McCarthy and Rep. Pettengill: o The Representatives explained the process of submitting bills and changing laws. o If Hales were to pursue the changing of this verbiage it would not be able to be on a new bill, until 2013 at this point. o If it were an emergency, it could be brought before the Speaker of the House for review. o There is a potential of add on some verbiage to an already existing bill that may address this issue. o Hale s residents must also consider what is being paid in taxes in neighboring towns and public opinion. o On another note: Rep. McCarthy wondered if Hales residents take advantage of Vets bill and also the 100% disability act. Answer: Yes ACTION: Laurie Pettengill o The Representative has agreed to research current bills, which have been submitted for 2012, which deal with County government, as to the potential for adding on verbiage, that might change the current RSA concerning school choice for Hales, from public to possibly accredited and thus offering more parental choice. o It could potentially be written so as to include some phraseology, such as: not to exceed the valuation of what a public school would cost. Please give us the history of the Bill, (RSA 668:8 Section II), which was passed, concerning charges that the host town may charge for voting services provided to Hale s residents, in the assigned location, currently the Town of Conway. What are the constraints as to the incurred costs and what does that actually means? It presumably currently leaves it up to any interpretation as to what can be charged for these voting services. What is the notification process when these types of bills are passed concerning an Unincorporated Place, and those that directly impact Hales? A definition for incurred expenses needs to be sought. Concern was voiced over the perceived prejudice toward Hales, as a collective group, at the Town and County levels. Mark Winters gave a history of how the realization of the very existence of this bill came to light and how it directly affects Hales residents, as An Unincorporated Place. He expressed the need for advanced notice of this type of bill. As well as, confirmed the extensive volunteer participation, sent over from Hales, to aid in the voting process at the Town of Conway, which should indeed reduce the incurred expenses. He also, voiced the concern over the potential of: open-ended interpretation concerning these expenses. The bill was passed without appropriate notice for public comment from Hales residents. A definition for incurred expenses needs to be sought. Response: Laurie Pettengill: At the time of voting, she was under the assumption that Hales had been notified as was in agreement of the proposed bill, as was the Town of Conway, and the County Commissioners. She was unaware that Hales residents were not involved in this process. Karen Umberger presented this bill. The Town of Conway instigated this, now, Law. Since, the Secretary of State determines the place that Hale s should be sent for voting purposes, it would stand to reason that this should also be the vehicle that would determine how incurred costs should be limited. He advises that each January and each June someone from Hales should go on the web site: www. NH.gov to see if there are any bills on the table, which could directly impact Hale s Location. The Commissioners are governed by the RSA s. There really is no oversight over the day to day affairs of this entity other than these governing laws. ACTION: Hales residents and representatives need to be proactive concerning these and future bills. ACTION: Rep. Pettengill will approach the Secretary of State and try to determine: What an incurred cost and/ or what a reasonable fee limit might be. Who is the Boss over the Commissioners? What recourse do we have concerning our representation as an Unincorporated Place? Gary Sullivan gave a brief history of Unincorporated Places and how the governing body worked, in the past, for Hales representation. 3
4 It appears that the current County Commissioners do not want the responsibility of Hales as an Unincorporated Place and are desirous of Hales becoming its own Town, (which has been voted down by the HLOA Community.) Response: Rep McCarthy: Rep. McCarthy advised: Do not simply invite these three commissioners, to these said meetings, but rather tell them that they need to be there. Tell them to read the Constitution of the State of NH, Part 1 Article 8, which he sighted, in part: You are our representatives and that you are our agents you should be here. You are the equivalent of our selectmen. And then, if they still do not show up, then put it in the paper. Disclose their presumed uncaring attitude. Every Wednesday, the County Commissioners meet in Ossipee. The entire meeting is taped, and this will add weight to and offer proof of the issues being raised. He suggests that Hales sends representatives to these meetings and express our concerns and issues at that time. Our current acting County Commissioners for Hales Representation are: 1. David Sorenson Chairman 2. Dorothy Solomon Vice-chairman 3. Asha Kenney Clerk Requests and assured action from Rep. McCarthy and Rep. Pettengill to Hales: Representatives requested a copy of these minutes for the action steps concerning these items discussed. They will get together to look at the homework that they have agreed to work on and split up the work load. The Representatives acknowledged the invitation to attend the Open Meeting of: The Board of Directors, of HLOA, in September, (date to be announced). The intent of the September meeting will be to have further discussion and present their findings at that time. The Representatives were thanked and they excused themselves from the rest of the HLOA Board of Directors meeting, at 10:10a.m. Continuation of BOD Meeting: Question from the floor to the BOD: There were delegates from Hales, in the past, which attended these meetings at the County level. Should we again send down some representation? Response: Mark Winters The problem is the lack of community participation on these and other committees within Hales. It is left up to this volunteer Board of Directors to assume all this responsibility without the assistance that is needed to actually accomplish these tasks. ACTION: Volunteers needed to go to the meetings of Carroll County Commissions, as representatives of Hales Location not HLOA specifically, and present and report to the HLOA Board of Directors with findings. These individuals volunteered: o Wilma Fogarty o Dick Check MOTION by Carol Sullivan Carol Sullivan made a motion to officially invite the State Representatives to Hales Annual Meeting in October. Seconded and carried without dissent. Further recommendations/action concerning Representatives at the Annual Meeting: As a community, to pre-submit questions that will be fielded by the Representatives prior to the Annual meeting. To structure the meeting, so that the representatives are present prior to the actual Annual Meeting and then may be excused, due to the stipulation of: only HLOA members are allowed in attendance. Approval of Minutes: Discussion was had concerning the style of minute: newsletter style vs. the abbreviated style of format. Determination: Expand the minutes, slightly, but not newsletter style. MOTION by Mark Winters Mark Winters motioned to approve the June 28, 2011 minutes of the HLOA Board of Directors meeting. Seconded and carried without dissent. 4
5 Managers Report: Jeff Butler presented the Manager s report. 1. Greens Damage 90% healed. 2. As-Built Plan scheduled to flag features mid-august. 3. GPS or convention survey map will be scheduled in September through Horizons Engineering. Financial Review: Dick McClure Brief attention was called to the on-going Analysis of Golf Greens Fees revenue. ACTION: Continue with review. Committee Reports: Golf Committee Report by Carol Sullivan 1. Golf Committee had very productive meeting this month concerning marketing. 2. Carol Sullivan volunteered to make 1/2 Season Membership packages. 3. To facilitate through Chamber - member list initially. 4. Put New ½ Memberships up on the web site. 5. Has a meeting scheduled with the Chamber of Commerce for marketing plan through the Chamber. 6. Discussion of Chamber passes being used at HLGC should be off-season/off time usage only. 7. Charity scramble: potentially September 18th. Will work with Chamber to address this potential. 8. Hales news blast on Chambers web site for golf specials. ACTION: Chamber pass usage needs to be solidified. ½ Memberships up on web site. Work with Chamber to send out HLGC Memberships through the Chamber Membership list. Energy Committee: Bill Mahoney gave update on street lighting potential upgrade with discussion ensuing. Sample lighting temporarily installed on Entrance Road. Potential meter reduction throughout Hales, as we are charged for each meter monthly, approx. $240 monthly, total. ACTION: Send out to have Home Owners review these sample lights and give feed -back via . ARC Committee: by Bob Allen Granted a garage door alteration. Social Committee: Carol Sullivan gave an unofficial report. Social Committee did volunteer to do a Newsletter from a social perspective. Chairman still needed. Potential of Co-Chairing the position. Web Sites: Lori Goss gave report. now operational with changes occurring as season progresses. HLOA web site: is a work in progress. Discussed a need to get the SEO (Search Engine Optimization) higher for HLGC. Full spectrum of Hales Location Domain names need to be purchased in order to secure ownership of these URLs. Set up a meeting with Carol Sullivan to review analytics for the site. The Board will meet for meeting on Aug 24, 2011 at the White Mountain Hotel at 9:00 a.m. Meeting was adjourned by unanimous vote at 11:05 a.m. Respectfully Submitted, Lori A. Goss, Recording Secretary 5
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