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The meeting was called to order by President Kaney at 10:15 a.m. Directors in attendance were Anselmo, Daniels, Eller, Johnson, Kaney and Pieper. Staff in attendance were Gwozdo and Wyatt.
Upon motion made by Johnson and seconded by Eller, the minutes of September 13, 2012 were approved as submitted.
Copies of the September 30, 2012 financial statements are attached.
Wyatt reported that finances are normal for this time of year. The Clotfelter settlement is now reported on the balance sheet. We are ahead of last year on lot collections and expenses are in line with expectations of getting prepared for the winter. We expect to incur some legal expenses and bridge repair expenses during the rest of the year, otherwise normal.
Long Range Planning:
- The Association has written a letter to Jones Rooming House demanding $17,210 for assessments owed since 2009. Jones previously paid in full for 2007 and made a partial payment in 2008. The letter advises Mr. Jones that we intend to collect the amount outstanding and attorney’s fees under the N.C. statute.
- With regard to other assessment collection efforts, counsel is continuing to serve the complaints and commence additional suits involving another five lots. Another judgment will be satisfied this month when paid in full in the amount of $7,696.
- We continue to assist the investigation by the Yancey County sheriff and others with regard to the illegal cutting of the trees on property owned by R&S at the apex of Woodfern and May Apple Lane.
- With regard to the container removal suit brought by Anthony and Monica Martin against the Association and Bailey Towing, one carrier has denied coverage based on their policy interpretation. The general liability carrier apparently plans to defend. We have requested our regular counsel to protect the filing date and may well file an appropriate counter-claim.
After study and investigation of the Boards 2008 Policy for combining lots we recommend that the Policy stand.
Johnson reported that the e-mail system is still working well with very little failure rate.
Brown’s written report:
- The Road crew will be sealing paved roads this week.
- Prices from Lonesome Mountain paving will be received by mid-week and paving of overlay on bad spots of pavement that cannot be sealed will begin.
- Stripping of Wolf Laurel Rd will be done about first of November.
- All roads that needed gravel or grading are ready for winter.
- All equipment is in good running order and will be serviced by mid-November.
- All winter equipment will be ready mid-November.
- When bulk of leaves fall we will begin cleaning ditch lines, culverts, banks and roadways.
- Salt & sand will be delivered and mixed by next month.
- Tony Martin hired Harvey English to push mulch stock piled on Woodfern over the bank into the Reserve area.
- Bridge: We have prices and plans and are currently waiting the money from Mattern & Craig to cover materials. Settlement agreement is in draft stage.
- Two boys walked away from Wolf Creek Academy on Saturday night. Madison County Sheriff was called by Academy officials. A search was conducted and boys were found at the girl’s dormitory on Beauty Spot.
- Possible ARB violation was reported by Patrol when workmen were found on project after allowed work hours on a Friday evening. Workmen were escorted off mountain. ARB will investigate.
- Security received complaints of residents using Valley View Circle entrance to Village. This is to be used for emergencies only when the bridge is open. Patrol was asked to stop and remind anyone using the entrance.
- Traffic cones will be placed in the entrance as directed by the Board.
- New phone and answering machine was purchased for the Gate. No longer will the phone go unanswered when the Guard is outside. The message directs callers to leave message and/or authorize expected guest. Guard will then either return call or note expected guests on log. The feedback so far has been very favorable.
- Security received a complaint that a large propane tank was placed and remained on the right of way near the Martin property on Woodfern Lane. The tank has now been moved and buried on Mr. Martin’s property.
- Less than 60 vehicles were logged in at Preserve gate by WL Security since mid-July.
- The regulars call WL Gate on cell phone to arrange entrance due to short duration of phone connection at Preserve gate.
Colvett reported (via e-mail): The ARB has fined a Property Owner $300.00 for topping 12 trees without a permit.
Freeman reported: One building request received for a carport which was denied per covenants. ARB Committee recommended that a garage be built.
Security Gate Policy: In order to enhance security, Daniels proposed that, for non-residents, the vehicle license tag number be recorded in the Wolf laurel Security Daily Log in addition to the current information recorded. Also the duration of the visit should be recorded in the Log and on the Pass. The addition to the policy was unanimously passed.
Daniels presented a realtors proposal for the sale of a lot whose owner is arrears in payment of assessments. The Board agreed with the stipulation that the back assessments be paid. Kaney will provide a letter to realtor with our conclusion.
The Board voted to direct counsel to request the Sheriff of Madison to advertise and sell the Fisher and Stephenson lots to satisfy our $11,999 judgment. The Board will decide whether to exercise its bidding credit at a later date.
The Board voted to modify our procedures to be followed in the circumstance where a property owner requests Bald Mountain Development Corporation to waive its right of first purchase in the event of a proposed sale of property in Wolf Laurel.
Appropriate letters have been prepared and will be circulated to local realtors who frequently are involved in sales of Wolf Laurel properties. The procedure will limit the Association’s staff involvement in the paperwork. Pieper moved and Eller seconded.
ARB fees: After discussion, the Board asked Chuck Freeman to refer this subject back to ARB for further review.
Daniels presented a request from a property owner to restrict certain workers from Wolf Laurel. The Board has handled this issue before. It has been determined that we could not restrict access when a property owner has requested a specific person to perform service work. Daniels will respond to the property owner.
An estimate of $500.00 has been received for replacement of the sign on Puncheon Fork Rd in front of Black Bear Reality. This should be replaced within a month.
Election of Officers. The following directors were elected to serve for the calendar year 2013
- Mike Kaney, President. Moved by Johnson and seconded by Eller.
- Tom Eller, Vice President. Moved by Pieper and seconded by Johnson.
- Lewis Daniels, Secretary/Treasurer. Moved by Eller and seconded by Johnson.
All unanimously passed.
Budget for Calendar year 2013: Kaney distributed a copy of the proposed budget and asked all Board members to review and be prepared to approve at November meeting. The revenue side has been budgeted based on a 5% increase. Johnson moved that the board approve the 5% increase in assessments. Motion was seconded by Daniels. Unanimously passed.
Bank account changes: Wyatt presented a summary of her request for proposals from Wells Fargo (current banking relationship) and the Mars Hill branch of Asheville Savings. After discussion, the board asked Wyatt to also request a proposal for a Line Of Credit and bring back to the board next month.
A property owner proposed that the Board accept a lot in return for satisfaction of unpaid assessments presently owed on two lots. The Board voted to decline the offer and will look for payment in full.
Questions and Comments from the Floor
Chuck Freeman reported that there is confusion regarding the Clotfelter settlement. The Board agreed and may provide clarification.
The regular meeting was adjourned and the Board reconvened to hold a hearing regarding a possible violation of the covenants related to an open and unattended fire.
J Lewis Daniels,