2012 ANNUAL MEETING: MINUTES

ANNUAL MEETING

APPLE CREEK HOMEOWNERS ASSOCIATION

AUGUST 16, 2012

Call to Order

A quorum was established; present were 29 homeowners and a total of 91 proxies.  President Jan Woodlief called the meeting to order at 6:45 pm.  Tony Connicelli was then voted on to chair the meeting.

The minutes from last year’s meeting were read. Jeanne Holbrook contested several issues:

1    1)      In the Treasurer’s report, she wanted to add in the $4499 surplus amount listed on a Dec. 2010 document.

2    2)      She wanted clarification that the issue of any board ‘adoption’ of BST versus paving was or was not voted on and adopted; it was not officially adopted as board policy.

3    3)      Under the heading at the top of page 2 of the 2010 annual meeting (“…and additional information from the Board”): Under ‘new business’, she wanted the following items to be moved to “Addendum” status:

a)      “At our annual meeting (2010) the question was raised regarding rules which regulate the width of roads when new houses are built.  Bill Cannon, ACAHA attorney, addressed the question by using the word ‘reasonable’ as the best criteria.  This includes road expense, amount of travel on the road, as well as the slope of the mountain.  Bill pointed out in most subdivisions, roads tend to get narrower toward the top.”

b)      “At the annual meeting (2010) the statement was made that Staymon Road had been paved.  The truth is, one curve was paved, in order to protect the road and ensure its safety and passage.  It was also stated our President (John Stoeckel) had violated the ‘right of way’ by building a stairway on his property.  The distance between the stairway and the road has been measured and there is no infringement of the ‘right of way’. (The ‘right of way’ is measured 15 feet from the middle of the road.  There are obvious infractions to the 15 foot rule throughout the neighborhood.)

c)       The Board would ask membership to inquire to the Board in writing, via the President, on any and all concerns.  Each question will be given a response after Board consideration.  Most Board members are ‘working stiffs’ and the above procedure allows business to be conducted in a timely manner.

Committee Reports

Treasurer’s Report was presented by Sharon Gallimore.  As of August 15 the account balance was $10, 390.28.  The 2012 budget was presented on a screen, as was an itemized expenditure sheet.  Petty Cash fund had a balance of $78.51 collected through past years’ beautification projects.  Bob Child thanked Judy and Irene for their pro bono assistance in keeping our entrance area in beautiful shape.

Jeanne Holbrook raised the question whether or not the surplus balance was subtracted or added to assessment fees.  Tony Connicelli then added on budgets and future assessments.  Doyle Love clarified the balance was carried over correctly and fairly.  Jeanne Holbrook then disputed ‘assessments’ and changed notation in budget sheets between Dec. 1 2010 and Jan. 25, 2011.  She said the $37,800 budget number should be reduced by the surplus balances.  Myriad verbal exchanges between present homeowners ensued on this and associated topics.  Jeanne Holbrook told the board to seriously consider not putting a lien on delinquent payers.

Treasurer’s report was eventually moved and seconded for acceptance.

President’s Report was presented by Jan Woodlief, interim president starting in late January 2011.  She noted the thankless nature of being on Apple Creek’s Board, due to dissension among homeowners. The overwhelming portion of dues goes to paving, and more discussion ensued over the two paving companies that have done work over the years in ACA, the pros and cons of each, etc.  She explained why she went for the higher estimate on the paving at the top of the mountain as that company was going to do more (literal) groundwork to ensure a longer lasting surface.

She then suggested that the Board be limited to 5 members, which was moved on and accepted.

Information was shared about the gate at the top of the mountain, subsequently removed, and the road bed just past the gate purposefully torn up by Jack (and Betty) Fisher (of Eagle Ridge), cutting off access to an Apple Creek lot.

Discussion arose about the definition of road ‘maintenance’;  a motion was made and voted on that salting and plowing are considered part of road maintenance in Apple Creek.  23 of 28 voted in favor of that designation (one ACA homeowner had to leave early).  There was further discussion on right of way issues as well as tree removal issues.  Jeanne Holbrook wanted a ‘record of statement’ stating the $1500 tree removal (at the ‘mirror’ curve) was wrong, bad judgment and should not have occurred.  Tony Connicelli once again said the past is past, and that we needed to move forward.

Norman Jacobs brought back up the topic of surplus balances needing to be refunded to homeowners.  Ensuing discussion about the budget, assessments, and handling of data/projections took place…as well as other items that got off topic.

President’s Report was eventually moved, seconded, and approved.

Nominations/Elections

The board presented a list of five names from the Nominating Committee.  Four nominations for the Board were made from the floor:  Jeanne Holbrook, Keith Patton, Norman Jacobs, and David Rich.   Jeanne corrected the Nominating Committee that they can nominate only three people.  Linda Hughes and Lorrain Connard were taken off the list (which included Frank Moskos, Jan Woodlief, and Terry Rose), and were then nominated back on the candidate list.  Members then voted for 5 people.

Irene, Annie, and Owen counted the ballots separately and then compared to ensure accuracy.  The 5 Board members elected were Lorrain Connard (76 votes), Frank Moskos (72 votes), Jan Woodlief (62 votes), Terry Rose (60 votes), Linda Hughes (57 votes).  Other voting results: Keith Patton (42 votes), Jeanne Holbrook (39 votes), Norman Jacobs (35 votes), David Rich (35 votes).

Unfinished Business

Tony Connicelli asked those present which dues scenario did they want to vote on, $200/$250/$300.  Jeanne Holbrook motioned that no vote be taken, and it was seconded.  The vote was dropped – by laws state that the Board must develop fees.  Another motion was made to direct the Board to consider looking at a 5 or 7 or ? year plan, but that, too, was dropped.  Yet more discussion took place on changing the by laws to establish communication routes/procedures to hear concerns and grievances, but that was voted down.

The meeting was adjourned at 9:45pm.

Bob Child, interim Secretary