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The meeting was called to order by President Kaney at 10:00A.M.
Directors in attendance were Anselmo, Colvett, Daniels, Eller, Johnson, and Pieper.
Staff in attendance: Brown, Gwozdo and Wyatt.
Upon motion made by Pieper and seconded by Eller, the minutes of February 19, 2013 were approved as submitted.
Wyatt gave the financial report for April. Collection of property owner assessments is exceeding amount collected at this time in 2012. Security is operating at normal expense and Roads a bit above due to ice storms. W. Johnson thanked Jason Brown and the road crew for their good work under adverse conditions.
The Board voted to include in the minutes that the Board has reviewed and accepted the Independent Accountants’ Review Report dated May 7, 2013 by Johnson Price Sprinkle P.A., certified public accountants in Asheville, N.C., who have reviewed the balance sheets of the Wolf Laurel Road Maintenance and Security Homeowners’ Association and its subsidiaries and the related statements of revenues, expenses and changes in members’ equity and cash flows for the years ended December 31, 2012 and 2011. This review included applying analytical procedures to management’s financial data and making inquiries of Association management. JPS notes that in accordance with accounting principles generally accepted in the United States of America, Management is responsible for the preparation and fair presentation of the consolidated financial statements and for designing, implementing, and maintaining internal control relevant to the preparation and fair presentation of the financial statements. JPS states that based on their reviews, the accompanying financial statements of the Association are in conformity with accounting principles generally accepted in the United States of America and the financial statements require no material modifications.
Long Range Planning Study Commission
Kaney reported that we now have representation from the Deer Run Association, the Preserve HOA, the Ridges HOA, WLCC, and WLPOA. We expect to hear from The Blue Mountain HOA soon. Johnson consented to act as WLR & S liaison and observer. The Board will appoint an at – large member to the Commission and is currently talking to interested parties.
- The ARB has an issue to be resolved by the Board regarding the request by the property owner Key for a hearing on a tree-cutting fine. It will be necessary to give the appropriate notices.
- Report on collections: Since we began our aggressive policy to collect assessments, we have collected or will collect a part over time in excess of $90,000, not including the Clotfelter settlement. 9 of the Ski slope 13 lots are now current. We have begun another 9 lawsuits in May and understand the intention of the Board is to move quickly to expand collection efforts even further. Depending upon the circumstances, the Board will work with the property Owner to develop a payment plan. If the property owner chooses to ignore us, we will file suit to collect.Board has requested Louise to include a copy of the recent email regarding the execution sale with the next follow-up statement to all delinquents.
- Sheriff’s sale of Rodgers Lot HT-073 is set for June 10, 2013. Before that time we will have to designate our representative to attend the sale and determine whether we seek to bid up to the amount of our judgment in the amount of $3,486 plus interest and cost of sale. A copy of the Sheriff’s notice of execution sale is available in the R&S Office.
- English/ski slope non-payment of contractual obligation of $12,191 due December 31, 2012 remains of concern. Mr. English also recently sold a lot with assessments owed in the amount of about $1,400 without payment of those assessments. Kaney announced that he and Brown would meet with Mr. English on this and other issues
- With regard to the Motel non-payment of assessments, we believe the property is still owned by the Jones and that they may be attempting to sell it. The property appears to be uninhabited, with an abandoned vehicle; deteriorated structure. The boys have apparently been moved to the Roaring Forks property.
- The Milnes mediation will likely be set for August 6, 7 or 8. Before then we need to designate our representative and determine any settlement authority.
- Under the leadership of Lewis Daniels the debris has been cleared off the property behind the Garmen residence.
- The Martin Container case will be mediated by the end of August, 2013. Before then we need to designate our representative and determine any settlement authority.
- Specific Assessment Issues Requiring Board Response: A property owner wants to give a lot on Chestnut Lane to the Association in payment of assessments owed. The Board declined to accept the lot following established policy.
10. Several months ago a plan was announced to operate a hostel on English Ridge Drive. The Board directed counsel to contact the property owner and advise of the covenant restrictions and the Board’s objection. The property owner has recently advised counsel that the covenants will be observed and no hostel will be operated.
- With Bald Mountain Development Corporation’s relinquishment of its power to appoint Class A directors, all seven of the directors comprising the present Board are now Class B directors. There are now no Class A directors.
- We have reached settlement of the bridge claim against Mattern &Craig and have a time-line for starting and completing the repairs.
Johnson reported: The E-mail system remains stable at 603 – 605 good addresses. We will be sending out the information on the Village Bridge replacement after dates have been finalized. An email will also be sent regarding the theft of packages from the POA building. The new security cameras at the gate recorded suspicious activity and info and copy of video was turned over to the Madison County Sheriff.
Insurance: Eller reported: We are up to date with the transference of property from BMDC. Everything reported to the underwriters.
Brown reported: Crew member who suffered a stroke last year will not be returning so he hired a new man under a strict probation.
The recent afternoon thunderstorms and pounding rain has destroyed much of the spring work completed. Ditches and culverts will now be re cleaned. Repairs on Town Mountain Rd. due to a big slide are almost complete. Grass mowing will start next week. We will mow only 7 feet from the edge of the road. The 12 flower beds along Wolf Laurel Rd. and at the Mail Boxes have been cleaned. He is talking to a few landscaping companies to get assistance in selecting plant, planting and maintaining the beds. This also includes the beds at the R & S building. His crew of three just doesn’t have the time.
WLPOA has been notified of a slide behind the tennis courts below Wolf Laurel Rd. Repairs will be made soon. The road striping completed last fall did not hold up. The contractor said he would re-stripe at no charge as the paint was apparently inferior.
Daniels thanked the R & S personnel for help he received over the winter when he was dealing with health issues. He said the people on the mountain should know that they are indeed safe and can be gotten out. Brown assured the Board that while his crew doesn’t plow driveways and unfortunately leaves berms of snow at the end of driveways, if there is an emergency he will plow snow right to your front door. No one is ever stranded in an emergency situation.
Kaney asked about our towing policy. Pieper said that the staff is collecting data: including the number of vehicles towed, number of waivers, owner of vehicle (property owner, guest, renter), and the number of times we billed for service. Brown reported that we do not tow or pull a vehicle from ditch unless no one else can be hired and the vehicle is creating a hazard.
Gwozdo added that the renter in 2 wheel vehicles and vans were the most likely to require assistance. In that case the rental company is billed.
Gwozdo reported: The security camera system installed at the gate cost $1324.00 including installation and speed bumps. The cameras at the Preserve Gate are operating. Ideally, we should be able to identify all vehicles entering and exiting either gate within a thirty day period.
To follow up on Johnson’s remarks regarding the packages stolen from the POA building, after many hours reviewing the camera footage and checking people entering the building against the sign out sheet for the key, eliminating people who met the delivery trucks, we found a suspect, the son of a property owner. All information including camera footage was turned over to the Madison County Sheriff’s Dept. There is a warrant out for his arrest however he and his family are out of country for 2 years.
It is the bear season and they are active. Do not put out the bird or deer feeders or leave food in a vehicle. One property owner left an apple in his convertible. A bear ripped the top to shreds in order to get the apple.
The Security Gate has received 5 reports of a property owner passing a vehicle traveling down Wolf Laurel Rd. Brown added that there is a second property owner who is also a danger. Discussion followed with suggestion of letters, legal authority, the possibility of temporary signs that read a vehicle’s speed, and the assistance of the State patrol to issue tickets.
Gwozdo continued with a request for suggestions regarding long term renters. More property owners are renting long term, some through an agency others privately. Few are conducting background checks and fewer alert the Security office. Most long term renters enter the gate as authorized guests of the property owner and a week or so later the Security staff learns that there is a lease. We then have them register their vehicles and obtain contact numbers. The proper forms have been delivered to local realtors in the hopes that registration would take place on first arrival of renter. There also seems to be an increase of short term rentals to large groups of high school, college students and youth tour groups. Discussion resulted in plan of action including consulting with our attorney regarding authority, reviewing the current rental covenants, writing letters, meeting with the realtors and property owners.
Colvett reported: The revised ARB Guidelines will be available by June meeting. He thanked the Board for reviewing the revision and for their questions and suggestions.
Kaney thanked the ARB Committee for their work, commenting that the ARB Guidelines originally started by others in 2005 are now complete. He also commented that the ARB rules are not set in stone but may require periodic change.
Colvett stated that the ARB’s position on variances (usually a setback) is to notify adjoining property owners and hold a formal meeting. The variance must be approved unanimously by the ARB committee.
Wolf Laurel Rd., Big Bald Rd., Buckeye Rd. and Buck House Rd. are considered major arteries and the ARB will not approve driveways on these roads.
Johnson asked the Board to consider exploring the possibility of using the recently purchased building for a fitness center in conjunction with the WLCC and WLPOA Amenities.
Daniels proposed that we change method of reporting revenue from reporting uncollected revenue as deferred income to recording all revenue at the time it is billed. All agreed and the change was approved.
Kaney announced that negotiations with the engineering firm started last October have concluded in a settlement. We have contracted with a competent contractor who has ordered the material. Wood decking takes 4 to 5 weeks to deliver so it was decided to wait until after the WLPOA July 4th Celebration to start. It will be a standard bridge used by the DOT, steel beamed, clear span with concrete abutments.
One issue which impacts the bridge work is that The Association owns the bridge and the POA owns the cover. The contractor will reinforce the cover and believes he can construct the bridge without movement to the cover. Construction will begin July 8th and be completed by August 8th. There will be no vehicle or foot traffic allowed on the bridge during this time.
Questions and Comments from the Floor
- Suggestion made that a new map be drawn of Wolf Laurel. Board will take under advisement
- Request that people who come to gate, knowing no one, who want to look around be directed to the WLCC. Currently, these people are referred to a local Realtor.
- Cherry Knob Road is not being maintained. Board will take a look and see if problem can be resolved.
- Request that “sport area” be removed from Covenants, a more democratic method of running for the RMS Board be found and a map that defines Wolf Laurel be drawn. Board will take under advisement
- House under construction for 7 years and vehicles parked on sharp curve as driveway is not complete causing traffic hazard. ARB will investigate and contact property owner
Next meeting will be announced.
J Lewis Daniels,