Lost River Valley Property Owners Association

Annual Meeting II, August 13, 2022, 12 p.m.

The meeting was held in person at the Guest House Lost River, 288 Settlers Valley Way, Lost River, WV 26810

Annual Meeting I, July 6, 2022, 7 p.m.

The meeting was held virtually

Board Members Present:

Phil Robey, President;
Joe Palumbo, Vice President;
John Rosato, Treasurer;
Kim Bloom, Secretary;
Member-at-Large (Roads).

Board president, Phil Robey, welcomed all to the meeting and introduced the current board members.

It was determined that quorum was present. Kim Bloom asked for a motion to accept the minutes from the 2021 meeting. A motion was made and seconded. As voting began, Mr. Mathew Bloom brought it to the Board’s attention that other property owners were unable to enter the meeting. After a discussion and investigation, it was determined that a different meeting link as posted on the LRVPOA’s website and in the mailed notice. The correct meeting link was posted on the LRVPOA Facebook page and in a text sent to the community earlier in the day. AFter a protracted discussion about the different meeting links, a majority of the present decided that the annual meeting should be adjourned and rescheduled for a later date.

Prior to ending the meeting, Mr. Bret Limage noted that the terms of the current board had expired and that a new Board should be elected at the current meeting so that it can legally act to schedule and notice a new annual meeting. The current election of officers would need to be ratified at the rescheduled meeting. After a discussion, Mr. Limage made a motion to elect the slate of officers recommended by the Board. The motion was seconded by Mr. Robert Ear. The vote carried, and the officers for the 2022-2023 year was elected.

Joe Palumbo, President;
Kim Bloom, Vice President;
John Rosato, Treasurer;
Mamta Kaushal, Secretary;
Dan Fitz, Member-at-Large (Roads).

The meeting adjourned at 8:03 p.m.

Lost River Valley Property Owners Association

Annual Meeting, July 11, 2020 • Online

Because of the need for social distancing and restrictions at present in West Virginia for large gatherings associated with the COVID-19 pandemic, and for safety of all in our community, the LRVPOA determined that the 2020 meeting was to be held via online webinar.

Board Members Present

Phil Robey, President                             
Jesse Halpern-Robinson, Vice President                           
Bob Earl, Treasurer
Glenn Cudaback-Cox, Secretary               
Stuart Pham, Member-at-Large (Roads)

Call to Order and Welcome

Meeting began at 9:30 a.m. Bob Earl, Treasurer provided input on the number of attendees and Glenn Cudaback-Cox, Secretary verified the quorum.

Approval of Minutes from 2019 Meeting

After a 1^stmotion to approve from John Rosato, and a 2^nd motion to approve from William Bent, the minutes from the June 1, 2019, LRVPOA annual meeting were approved unanimously. 

President’s Report

Phil Robey, President reported that COVID-19 increased demand from our 210 member households on 272 lots for trash and mail services. He noted that, although the board is primarily focused on road maintenance (the bulk of association expenditures) and approval of improvements and/or construction on lots (to make sure there is no negative impact on neighbors or the association), this demand brought up issues that the board may need to look at in the coming year.

The importance for members to provide updates to their contact information to the board was noted, as it is vital for communications. Phil reminded members of the closed Facebook page, https://www.facebook.com/groups/1969966043249783,

is a great forum for POA member-only communication. It was also announced that in the next year, minutes from the board’s bimonthly meetings would be posted on lrvpoa.org to increase communications. The board will also look at the ability to send member communications via email.

Phil suggested that with the growth of the association, looking at the structure of the board – and consider a shift from one-year terms to the possibility of staggered terms of 2 years for board positions, which would mean a change to the bylaws.

Treasurer’s Report – 2019 Budget Review and 2020-2021 Projected Budget Approval

Bob Earl reported that the light snow of the 2019-2020 winter that snow removal expenses were significantly under budget. As a result, there was no need to move funds from LRVPOA investments to pay for the final work in tree removal and extensive brush and boom trimming for the year. Spring and fall road work were above budget, requiring a slight budget increase for the upcoming year. Less expense is anticipated for tree removal and brush trimming this year – as this should be a cyclical multi-year activity.

Expenditures were $6,000 less than projected. Dues income exceeded the baseline amount for all of the lots – due to the reduction of both delinquent accounts and dues in arrears, and the collection of construction/improvement fees. There is a fair amount of cash on hand, and there was no need to access association’s insured certificates of deposit investments. There is a bit more than a year’s worth of investments to support the association as needed for any future approved special projects or emergent issues.  Bob reported that only three members had unpaid dues, all of which are multi-year delinquencies – one to receive a lien extension, and two for which liens will be filed. One multi- year lien has been paid in full and is being released.

After a 1^stmotion to approve from Belynda Hicks, and a 2^nd motion to approve from Randi Park, the Treasurer’s report and 2020-2021 budget were approved unanimously.

Road Maintenance

Stuart Pham provided a report on roads.

Last August there was discussion about removing brushes from roadsides.  One contractor bid for manual removal was around $26,000 and a second bid for machine removal was around $6,000; the lower bid was chosen. It is not projected that this will need to be done for another year or two. The remaining budget is slated for the completion of other work. The Spurs access outgrowth was addressed in August, the outgrowth on the s-curve/switchback on Whispering Pines in October. Due to rain, the start of the spring roadwork had to be delayed this year until the beginning of June. There will be more gravel added to the roads as needed in the fall. Boom trimming is complete. Stuart also reported that the removal of dead trees and other vegetation problems is under discussion with the contractor.

Speeding was brought up as an issue – there is not much to do from an association perspective; it is up to the community and its members. The board is receptive to take anonymous member complaints about known speeders via the lrvpoa.org website form – and will reach out to those speeders diplomatically. A request was made for extra gravel on the steep section of meadow lane. Potholes were an issue early on after winter – it was explained that these come back every year because of the rain and weather. As in years past, pothole heavy areas have been graded to avoid standing water, and the holes have been filled in. This is part of the ongoing process for each year’s scheduled roadwork.

Election of Officers: The 2020-2021 slate of officers was presented for approval:

President: Phil Robey • Vice President: A. Toni Young • Treasurer: Bret Limage • Secretary: John Rosato • Member-at-large: Stuart Pham.

Note: Because of the nature of the virtual meeting, nominations closed on June 1. No nominations were taken from the floor.

The officers slate was approved after a 98% member vote of yea and 2% member vote of nay.

Open Discussion

Renters
Phil discussed the board’s work with a member committee to co-develop of a list of suggestions to share with those members who rent out their properties to others – with the goal to alleviate some of the issues and complaints that members are having with renter’s behaviors and actions. In addition to the board sending this document to those who rent their homes out, it is also posted on lrvpoa.org for all members to review. Phil welcomed members to review and share any comments with him. Phil also noted that although we do not have legal control of the rights of the properties, if someone on a property is violating the law, members have a right to notify the Sherriff’s department.

A member suggested appointing a new board member or officer to act as a sergeant at arms, as a resource who owners can call when there are problems with renters; this member/officer would respond to the complaint in the moment. Phil suggested that this could be a discussion at a later time, but that at this point the current board was not in a position to respond “in the moment” – only relay the reported concerns/issues to the respective property owner.

New Business

In answering additional questions from members at the meeting,

• Regarding the status of PO boxes waiting at the post office for installation, Phil responded that he did not know the status and recommended reaching out to Steve Roberts for details on the coordination of placement of the mailboxes. It was reported by meeting participants that the mailboxes were purchased by the US Post Office, and their placement is at the US Post Office’s discretion

• To answer the question as to why the US Post Office paid for the boxes when the board paid $5,520.60 for a cluster box in 2017, the approved 2017 meeting minutes were referred to: “The Board outlined the plan to work with the local post office to improve the mailboxes with updates. This will include more boxes for letters and packages, and will be rolled out in phases in the different sections of the LRVPOA.” It was also explained that the association invested the money because of concerns of safety, rust, lack of USPS requirements (not up to code).

• To answer the concern that using association funds in 2017 was a violation of article 3, section one of the covenants, Phil explained that this was why the board will look at it this year, in the terms of if we should change the covenants.

• To answer the questions asking if mailboxes were the purview of the board or the association as a whole, and if not, why is the association involved, Phil responded that the neither trash sheds nor post office boxes are in our association covenants or bylaws that make them the association’s purview. Phil added that we have received significant interest from association members to make them part of our purview, there is a willingness to look at the issues, and discuss them. If the board decides these issues should be added to the association’s oversight, they will bring that back to the association as a vote to update bylaws and covenants.

• When asked the status of installing a pump stand for fire department use at the end of road to the pond on Whispering Pines Way, Glenn reported that the idea was stalled due to the logistics of keeping the road/path to the pond clear from brush at all times. Phil suggested that the funds for roadwork could be something to consider this upcoming year – with the consideration that the board make sure that any work that is done is handled in an equitable manner.

After a 1^stmotion to adjourn from Jason Peschau, and a 2^nd motion to adjourn from Bob Knetl, the meeting was adjourned at 10:50 a.m.

Lost River Valley Property Owners Association

Annual Meeting, June 5, 2021

Because of the need for social distancing and restrictions at present in West Virginia for large gatherings associated with the COVID-19 pandemic, and for safety of all in our community, the LRVPOA determined that the 2021 meeting was to be held via online webinar

Board Members Present:

Phil Robey, President;
A. Toni Young, Vice President.
Bret Limage, Treasurer;
John Rosato, Secretary;
Stuart Pham, Member-at-Large (Roads).

Call To Order and Welcome

Meeting began at 9:30 AM.  John Rosato, Secretary verified that a quorum was present.

Approval of Minutes from 2017 Meeting

After a 1st motion to approve the minutes from Mr. Robert Earl, and a 2nd motion to approve from Mr. Stephen Page, the minutes from the July 11, 2020, LRVPOA annual meeting were approved by a vote of 29 (Y), 0 (N), 1 (A).

President’s Report

Mr. Phil Robey, began by noting that the proposed bylaw changes implementing staggered 2-Year terms for Board members was being deferred.  Mr. Robey discussed the need to amend the POA’s corporate charter (with the State of WV) before a bylaw change could be considered.  Mr. Robey also reminded members to sign up for the Association’s new cloud-based management software, PayHOA.  Without a PayHOA account, members would miss out on Association e-mails and text messages, would not be able to pay online, and would not receive automated reminders when due are owed.

Treasurer’s Report
2020 -2021 Budget Review and 2021-2022 Budget Approval:

Mr. Bret Limage reported that the Association spent considerably more on taxes and tax preparation as a result of former Treasurer, Robert Earl, discovering that the Association had not filed its federal taxes since 2013.  Consequently, all of the paid back taxes were reflected in the 2020-2021 budget year.  Mr. Limage also noted an increase in legal fees due to several additional liens needing to be filed for delinquent dues.  The road maintenance budget had the most significant overage, with $8,000 in additional expenses due to needed repairs.  As a result of these overages, the Board needed to dip into the Association’s investments to pay for the additional expenditures.  There were no questions for Mr. Limage on the 2020-2021 budget.

Mr. Limage then presented the proposed 2021-2022 budget.  Bret noted that the mailing and postage budget was significantly reduced, based on the assumption that the Board would leverage PayHOA to send e-statements to members that have their e-mails on file.  Mr. Limage also discussed the proposed increase in the road maintenance budget.  This increase was needed due to escalating annual maintenance costs and the anticipated need for the Board to address deferred maintenance, such as recrowning certain sections of the road network.  Finally, Mr. Limage noted that one of the Association’s CD’s matured during the 2020-2021 budget year.  Due to the low interest rate environment, the Board decided to leave the maturing balance in the Association’s checking account.

Mr. Joseph Palumbo asked whether the Board could stagger the CDs and whether the Board could put the matured CD funds into an alternative investment.  Mr. Limage responded that the CDs were already staggered and that the funds from the matured CD could be reinvested in new, staggered CDS.  However, the funds in the Association’s checking account earn almost as much interest as was being offered by Summit Bank.  Consequently, the Board did not see value in locking in the low rate for multiple years by renewing the CD.  Bret noted that the Board policy has been to only invest the Association’s funds in CDs due to the low risk.

After a 1st motion to approve from A. Toni Young, and a 2nd motion to approve from Stephen Page, the Treasurer’s report and 2021-2022 budget were approved by a vote of 27 (Y), 0 (N), 3 (A). Mr. Limage next asked for opinions on whether Association members would support an additional increase in the annual road assessment to cover escalating road maintenance costs.  Mr. Joseph Palumbo suggested that the Board put the road maintenance contract out to bid to try and reduce costs.  Ms. A. Toni Young responded that she would take on that responsibility in the coming year.  Mr. Jesse Halpern-Robinson stated that he’d be supportive of an increase if the Board presented a plan for how the additional funds would be used to improve the roads.

Road Maintenance

Mr. Stuart Pham provided a report on roads.  Mr. Pham explained that the increased road maintenance costs were the result of multiple factors: 1) increased road use due to more owners using their homes full-time during the COVID-19 pandemic; 2) the need to address deferred maintenance; and 3) additional delivery and construction vehicles using the roads.  As a result of these factors, additional gravel was required during the Fall maintenance cycle and the S-curve on the Whispering Pines Way was recrowned with shale to reduce persistent erosion issues.  Mr Pham also mentioned that next year the Association will  need to cut overgrown brush along the road network, which will be an additional expense.

Several owners commented on the need to control Autumn Olive growth along the roads so that it does not continue to spread exponentially through the Association.  A discussion ensued over additional measures, including the use of sprays, that could be used to control the Autumn Olive growth.  Ms. Belynda Hicks also offered to collect information about Autumn Olive, and how it can be controlled, and send it to the Board for dissemination to Association members.  She believes that many, newer property owners do not understand how invasive Autumn Olive is and how damaging it can be to the forest.  The Board agreed to discuss the issue in future meetings and welcomed Mr. Hicks sending the additional information. 

Mr. Robey brought up the issue of speeding and noted that it is a perennial issue and that it adds needless wear and tear to the Association’s roads.  Mr. Robery also explained that the speeding issue is not only caused be delivery vehicles and renters, but is also the result of Association members ignoring the speed limits.  Mr. Pham explained that the use of speed bumps had been discussed in the past, but that Association members had historically opposed them.  In response, Mr. Jesse Halpern-Robinson suggested that the Board install some removable, rubber speed bumps as a test to see how effective they are.  Mr. Ahmed El-Hoshy agreed with Mr. Halpern-Robinson and suggested that the Board install them at the Association entrances, so they serve as a reminder of the speed limit.   Mr. Ernie Falcone was also supportive of speed bumps, but encouraged the Board to avoid placing them on hills.  Mr. Robey appreciated the feedback and said that the Board would consider installing some speed bumps as part of a test.

Election of Officers:
2021 -2022 slate of officers was presented for approval:

President: Phil Robey

Vice President: A. Toni Young

Treasurer: John Rosato

Secretary: Kim Bloom

Member-at-large: Stuart Pham.

Note: Nominations closed on June 1. No nominations were taken from the floor.

After a 1^st motion from James Glueck, and a 2^nd motion by Bret Limage, the officers slate was approved unanimously.

New Business:

Mr. Robert Earl reminded those in attendance to be mindful of trash etiquette and that the trash shed on Settlers Valley Way should not be used as a place to dump bulk items, unless a pickup has been specifically arranged with Enviroco.  Mr. Robey also reminded members who rent their homes review the suggested rental guidelines, which are posted on the LRVPOA website.

Adjournment:

After a 1st motion to adjourn from Ms. A. Toni Young, and a 2nd motion from Mr. James Glueck, the meeting was adjourned at 10:20 a.m. by a unanimous vote.

Lost River Valley Property Owners Association

Annual Meeting, June 2, 2018

The Inn at Lost River

Board Members Present:

Belynda Hicks, President;
Jason Peschau, Vice President.
Bob Earl, Treasurer;
Glenn Cudaback-Cox, Secretary;
Absent: Dewayne Lawrence, Member-at-Large (Roads).

Call To Order and Welcome

The meeting commenced at 1:04 p.m. with a quorum of members in attendance as determined by Belynda Hicks, President; verified by Glenn Cudaback, Secretary.

The meeting was called to order by a 1st motion from Bob Dillard and a 2nd motion by Peter Lefkin. Members were notified that the meeting was being recording for the sole purpose of translating notes for the final minutes of the meeting.

Belynda directed the membership’s attention to the meeting agenda and asked if there were any additions, to which the membership responded that there were none.

Approval of Minutes from 2017 Meeting

After a 1st motion to approve from Jamie Baisden, and a 2nd motion to approve from Al Amori, the minutes from the June 3, 2017, LRVPOA annual meeting were approved unanimously.

Treasurer’s Report
2017 Actual Fiscal Year Statement:

Bob Earl reported that actual 2017 expenses were $66,009.35, and that most line item areas were in line with original budget of $49,960.00. It was noted that the board did make a decision to proceed with improvements in a couple of areas during the year.

A budget line item was added for mailboxes in the amount of $5,520.60. This was for replacing and expanding the mailbox structure at the end of Settlers Valley Way due to safety issues, lack of USPS requirements, rust, and to accommodate the needs of additional property owners who need boxes.

It was clarified that this was an association investment, and that members with mailboxes in the structure were not charged for this replacement and expansion, as there was no historical precedent of prior charges to owners for mailboxes. It was also noted that the post office shared in the cost for keying and locking the boxes, with the majority of the improvement paid by the association. The post office also worked closely with the board to provide guidance on requirements.

It was clarified that the boxes in the association do not have a fee, like the fee charged to have a box at the post office in Lost City or Baker. It was also clarified that association owners were required to show the USPS proof of ownership to secure a new box in the structure. It was noted that there were still available boxes at the structure.

The budget line item for tree trimming and removal was discussed. This investment is for a systematic comb of the entire association to remove hazardous trees and branches to improve overall safety. It was noted that only unsafe trees within the right of way of the association will removed, as property owners are responsible for trees on their respective lots. It was reported that half of this work was completed, and that the Board would budget accordingly for additional future work as funds became available.

It was noted that the Board purchased a low-cost laptop with the required Microsoft Office software suite to house the LRVPOA database. This laptop, for Board member use only, keeps LRVPOA information in one secure location, and allows for easy access/transfer to current and future Board members. This expenditure is noted in the budget as an overage in the line item ‘Mailings and Postage; Other office supplies’.

The mild winter kept expenses related to snow removal at a low level. Expenses for Fall road work fell in line with what was expected in our budget. Our investment assets above budgeted expenses remain strong. We have cash on hand in a low-interest savings account at Summit bank. The remainder of the assets are held in Certificates of Deposit at Summit Bank.

2018 Projected Fiscal Year Statement:

For 2018, expenses are expected to be $49,318.00, with estimated income at $44,675.00. The forecast for additional investments is expected to be approximately $65,000.00. Most 2018-2019 budget areas will stay relatively same as the prior year. One uncertainty in the budget is tree trimming expenditure, which will depend on variables related to weather/emergencies, cash on hand, payment of dues, and the cost of road work.

The board reported that it has done well with dues payments to date, and if there is another light-snow year it will help with the budget. There were slightly higher investments this year related to web hosting and upgrading to a new website platform to enable access to additional features that allow us to do business with greater facilitation. Our additional reserve investments are still in line, and we haven’t had to make additional contributions or increase dues. It was noted that about 95% of the reserve fund is held in certificates of deposit.

Delinquent Accounts and Updated Lien Process:

The collection of dues in arrears and delinquencies was discussed. Bob Earl reported that as of the meeting, there were 34 owners with delinquent dues, ranging from ‘one year’ to ‘eight-or-more years’ out of the total of 272 association properties. Some are multiple lot holders, and half are one-year delinquencies. Only four are delinquent for five+ years, plus one extreme delinquency. Liens are being filed on all five.

It was noted moving forward that a procedure/policy to follow in placing liens on properties is being formed, with guidance from counsel. This will give property owners 30-45 days to pay dues after invoicing, then a 60 day period with late notices, and after another 30 days – after board consultation with counsel – a legal letter will be used to notify owner of dues and arrears, with total amounts and provide a 30-day period to pay or make other arrangements. If the 30 days passes without payment or arrangement/communication with the board, we will immediately place a lien on a property. It was clarified that the lien would be against the property, not the owner. There are currently several liens already in place from previous years. To date no delinquencies have been written off by the LRVPOA; this topic is still being explored with counsel.

After a 1st motion to approve from Bob Dillard, and a 2nd motion to approve from Jesse Halpern, the Treasurer’s report was approved unanimously.

Road Maintenance

Belynda Hicks provided a roads report on behalf of DeWayne Lawrence.

Spring Road Work: Due to the volume of rain creating extremely soft roads, spring road work was still underway at the time of the property owners meeting and scheduled to be completed in the next two weeks. Attendees were reminded to report any road issues to the board via the contact form on the homepage of the website (lrvpoa.org).

The importance of keeping culverts clear of debris and leaves was addressed, with the reminder that this activity is a property owner’s responsibility.

Snow Removal: Snow removal was minimal this year, with the need to plow in only one instance of light snow with one cinder spreading. It was noted that the snow savings would help fund the tree boom trimming that will commence in the fall.

Tree Trimming and Removal: The boom trimming will continue to be a roads project every other year. Road maintenance will continue to work with owners in sensitive areas to minimize impact on redbuds and sensitive vegetation; property owners in these sensitive areas are encouraged to hand trim prior to Columbus day weekend, when the boom trimming will start. The trim guidelines are 15 feet high over the ditch, and 20-25 feet over the center of the road. This is to allow for easy access by emergency vehicles or maintenance vehicles.

New Signage: Jason Peschau provided an update on new “ drive slow, keep dust down” signs. These are created, and will be placed with cedar posts for more permanency vs. the use of metal posts. Jason will work with a contractor to gradually install the signs. There will be some new signs as well that will state “Private Drive, Residents Only” to combat unwanted solicitation, and the dog-running trucks during bear hunting season.

It was encouraged that property owners help the situation by posting “No Trespassing” and/or purple nohunting markings on their properties. WV law dictates that a purple blaze (paint) on trees, no higher than six feet up, 8 inches long and four inches wide is the official “No Hunting” property marking.

After a 1st motion to approve from Jaime Baisden, and a 2nd motion to approve from Bob Dillard, the Road’s report was approved unanimously.

Construction Requests

Belynda Hicks reminded property owners that when residents plan any home updates, changes, improvements, or building a new house, the plans need to be approved by the board prior to plan commencement. The process is filling out the LRVPOA Project Approval Form available on the Association website, and then submitting it to the board for approval. This is done to make sure the plans abide by the LRVPOA covenants.

Open Discussion

Speeding on Association Roads: Speeding was brought up as a continuing problem from visitors, residents, delivery vehicles, and home service providers’ vehicles. Speed bumps were discussed as a possible solution if the problem continues. Positive feedback on the new speed signs was provided by attendees, including thanks to Jason Peschau for his work on the project. It was noted that speed ‘dips’ are not a solution because they are dangerous – they are more likely to make drivers lose control of the car, cause severe damage to vehicles, and pose a liability risk for the association. Therefore, the association will not advocate the use of speed dips. It was also noted that the water bar halfway up Settlers Valley Way was not a speed dip, but a protective road feature to divert the water flow around the hard-to-maintain curve. On that stretch of road, the focus is to maintain as much visibility and water control as possible, given the terrain. Meeting participants agreed that keeping visibility through trimming was important to increase safety. It was requested that trimming on problematic corners in the association occur twice per summer.

It was explained that the issue of speed bumps is that it makes it extremely difficult to plow snow, and causes immediate damage to plow equipment; this is the case with either fixed or ‘movable, speed bumps. Movable speed bumps are not only expensive, but would be labor intensive as they would need to be removed prior to each plowing.

For these reasons, the association has not moved forward with any speed bumps. As mentioned in previous years, the board suggested that LRVPOA members let us know who continues to speed, and we can reach out to them. It was reiterated that the board does not act a police, but can provide gentle feedback to the offenders.

Hardy County Planning Updates

Belynda Hicks reported that Hardy County Planning (HCP) was still in the process of working on updating the Hardy County zoning use ordinances. Melissa Scott, from HCP informed the board that there are no projected firm dates for completion, but she did offer to come out to Lost River for a special meeting if we wanted it to have people discuss things with her, and also noted that the planning commission meets the first Tuesday of every month in Moorefield, and residents were encouraged to attend.

Belynda reminded the members in attendance that there had been questions of acceptable use of association properties, and the board tried to have a special meeting last December about it. There was not a quorum present for the meeting to allow for discussion in an official way. Belynda noted that the board had consulted with legal counsel about things that can and can’t be done as far as regulating use of association property, and opened the topic up for questions and discussion. Owners were reminded that some of the issues that led to the prior special meeting were not in existence anymore, and some issues resolved themselves. There were requests to continue the discussion in the future when more information is provided by HCP, so that next time any similar issues come up, the association has answers. Belynda shared some general feedback from counsel, which was that when the association comes upon a situation where we feel that properties are not being used in line with our covenants, we have the option to do some legal notification or letters to a resident, but eventually the option would be to go to the court and ask for declaratory relief where we would need to show that the use is violation is covenants; that the use is in violation of zoning restrictions; and that the use is harmful to the community. Because of these requirements, the association is in a holding pattern until the HCP zoning use ordinances are updated.

Website Development

Glenn Cudaback-Cox reported that the new website had been launched on to the WordPress website management platform, had new functionality to allow for the “plug in” more robust features via software that is free or low cost. The first free functionality implemented was a better forms feature, allowing members to send send one message from the forms on lrvpoa.org that all board members receive simultaneously. It was explained that the forms would be developed to help make new construction project submissions easier, and to allow the submission of PDFs. It was also noted that the old ecommerce solution was moved from the old website to the new one, but would be improved upon prior to the next annual dues cycle. It was also noted that a GIS maps resource link was added. Suggestions on improvements in the website functionality discussion included the ability for members to subscribe to notifications for website updates; the need for community updates; a private “members only” directory of the association, a membership portal. The desire to cross-post between Facebook was expressed, with the caveat that the group is closed, and it would need to be part of a member-only section of the website.

Other New Business…

The question of reopening the pond up for water for emergency vehicles came up, and the board noted that the issue had not been explored yet.

Election of officers the officers slate was presented for approval:

President: Phil Robey

Vice President: Jesse Halpern

Treasurer: Bob Earl

Secretary: Glenn Cudaback-Cox

Member-at-large: Belynda Hicks

There was a brief discussion on why the officer’s slate was announce at the meeting and not prior. Belynda noted that it was due to delays of finding, hearing from, and getting commitments from potential officers until just days before the meeting. It was agreed that the board would push communications to recruit future officers for the slate to remedy the situation.

There was a subsequent question on whether regular board meetings were open to the public. It was explained that since a lot of communication between the board members was done electronically, it resulted in fewer in-person meetings. Belynda explained that in her eight year tenure on the board, they had not been open, but would be open explore the possibility.

After a 1st motion to approve from Bob Dillard, and a 2nd motion to approve from Tom Robertson, the officers slate was approved unanimously. The meeting was adjourned at 2:25 p.m.

Lost River Valley Property Owners Association

Annual Meeting, June 1, 2019 • The Guesthouse Lost River

Board Members Present

Phil Robey, President                             
Jesse Halpern-Robinson, Vice President                           
Bob Earl, Treasurer
Glenn Cudaback-Cox, Secretary
Belynda Hicks, Member-at-Large (Roads)               

Call to Order and Welcome

Meeting began at 1:00 p.m. with a quorum of members determined by Phil Robey, President; verified by Glenn Cudaback-Cox, Secretary

Approval of Minutes from 2018 Meeting

After a 1^stmotion to approve from Tom Robertson, and a 2^nd motion to approve from Bob Dillard, the minutes from the June 2, 2018, LRVPOA annual meeting were approved unanimously. 

Dangerous & Hazardous Tree Removal

Jesse Halpern-Robinson, Vice President, provided a report on the removal of hazardous trees in the LRVPOA. Tree removal started 2 years ago in Wildlife, Moonshine Hollow, Meadow Lane, etc. Jesse reported that starting on June 7^th, 2019 that the tree vendor would complete the project. The approximate number of trees removed was 130. During the project other trees were marked for future trimming; owners with a marked tree on their property may trim trees on their own– or they may let the board know if they don’t want a marked tree trimmed.

Full tree trimming and hand trimming for brush and vegetation obscuring vision around curves is expected to be complete at the end of June. Jesse noted that the removal of brush along the sides of the road is a separate project that the board will seek options for to complete in the fall.

Phil Robey reminded members that if they were cutting grass or brush on their property, that cutting in two feet from the road was helpful for the association maintenance crew.

Treasurer’s Report – 2018 Budget Review

Bob Earl reported that expenses were as expected, with the exception of a re-shop of the LRVPOA insurance. A new policy from a reputable firm was secured with stronger coverage for the association. The new policy price came in at under two-thirds of the old policy price – around $1,200 per year. The Insurance expense for 2018 was a slightly higher than budget due to the WV BRIM payments, BRIM refund and new coverage Oct 2018-2019.

The 2017/2018 winter was lighter than usual resulting in a lower expenditure for snow removal. This unused budget allocation was used to help put towards the large cost of the tree projects underway over the recent two budget cycle. Bob noted that the LRVPOA has strong investments above operating money for payment of bills for each year; and that although some of these are down from moving the money to support tree projects, the investment greatly benefits everyone in the community. Bob reported that we ended up the year with a checking account balance of a little over $11,000 and around $54,000 in investments.

2019 Projected Budget Discussion & Approval

In discussing the 2019-2020 fiscal budget, Bob reported that our stringent policy on Annual Dues collections, on advice of counsel, has improved collection from delinquent owners. Currently, we are at over $42,500 in dues collected, with 11 unpaid for the current year – of which five have communicated intent to pay. We had 11 year+ delinquencies. Of those 11, six paid in full in response to legal notification. Liens for the remaining properties are prepared to file at the Hardy County courthouse.

Our year start checking balance of around $11,000 will be augmented by incoming dues and a strong return attributed to contributions, late fee payments, and interest income. We are further ahead than projected, so we should end the year with a positive balance with approximately one year’s budget in our association investments. This is dependent on winter snow and tree removal needs, or other unexpected road maintenance.

In answering additional questions from members at the meeting,

• Bob reported that there were six property owners who were sent legal letters by advice of counsel by certified letter and regular mail.

• To clarify on LRVPOA investments, Bob explained that for numerous years the LRVPOA has not needed to contribute to investments. However, investments have been used to fund important projects like tree removal, road signs for speed control, road signs for private property, updating and expanding mailboxes for the LRVPOA – an estimated expenditure of about $30,000 to support projects outside of normal operating expenses.

• It was explained that metal posts for speed signs were used instead of wooden posts due to the difficulty with rocky soil and the requirement that miss utility inspect each and every spot to dig for a post.

• The stability of the investment portfolio was questioned. The board reported that all are very stable in insured certificates of deposit.

After a 1^stmotion to approve from Stuart Cudaback-Court, and a 2^nd motion to approve from Regina Corry, the Treasurer’s report and 2020 budget were approved unanimously.

Road Maintenance

Belynda Hicks provided a report on roads

Fall Road Work: Work proceeded as expected last fall, we did have about three or four instances where we did need to plow. Most storms were fairly close calls in the forecast for 3”- 5” wet snow. There were some issues with excess gravel removal from the plow in low accumulation, wet ground and wet snow conditions. This was rectified in the spring with placement of gravel. The spring rains caused problems with potholes and mud. Belynda reported that spring roadwork was underway, but excess rains had caused delays. Belynda reported that our boom trim provider resigned, so the goal this year is to spot trim with our scheduled tree service and discuss adding another contractor for boom trimming in the fall. Fall is the best time for trimming to minimize any long-term damage to the trees.

Questions about the roads:

• Report of a missing sign on Hunters ridge; Belynda reported that was a Hardy county issue that was reported to the county. The county will be replacing it.

• Crowning on roads on Settlers Valley road, flat part of whispering pines is a concern.

• Concerns were voiced on speeding by renters, delivery trucks, contractors. Belynda requested that owners contact the board members if there was a known “frequent flyer” speeder – the board will notify that owner.

• Bylaw question: Should we require fines for not keeping up frontage growth near road? Phil Robey said it would require changing bylaws and that we could take it up in a board meeting.

• When culverts are dug out and debris is piled up on bank, culverts are getting clogged – it was requested that debris be disposed of on the downhill side so it doesn’t wash back into culvert.

Open Discussion

Proposal for new trash containment shed on Settler’s Valley Way

Steve Roberts proposed to the attendees that to alleviate the current overflowing trash shed, members contribute to purchase of a larger trash containment shed (8’x 12’). It was noted that the current shed is not a LRVPOA-owned shed, and that those using it must subscribe to Envirco. For Envirco account holder that use the shed, Steve noted that a fundraiser was started on the LRVPOA Facebook group. It was suggested that the board put a donation link on LRVPOA.org. Clarification was made that donations were for the new shed, not for the use of the shed.

New Business

Concern was voiced regarding the number of new Airbnbs in the association, with an increase in traffic and noise.

• Phil Robey reported that Melissa from Hardy County is drawing up new county regulations but did not share details on the revised regulations.

• Statewide, Airbnb is collecting taxes. Hardy County Assessor monitors Airbnb and rental websites so that county can get right tax assessment; residential or business.

• It was recommended that to regulate Airbnb renters’ noise that a closed FB page for complaints be created, and to call Airbnb owners to give those noisy guests a bad ranking.

• A ‘good neighbors rules card’ was proposed for visitors and for Airbnb renters.

Election of officers the officers slate was presented for approval:

President: Phil Robey – Vice President: Jesse Halpern-Robinson – Treasurer: Bob Earl – Secretary: Glenn Cudaback-Cox – Member-at-large: Stuart Pham.

After a 1^stmotion to approve from Barry Meiners, and a 2^nd motion to approve from Belynda Hicks, the officers slate was approved unanimously. After a 1^stmotion to adjourn from Bret Limage, and a 2^nd motion to adjourn from Joe Keyerleber, the meeting was adjourned at 2:16 p.m.

2007 ANNUAL MEETING MINUTES

Lost River Valley Property Owners’ Association
Annual Meeting
June 2, 2007

The Annual Meeting the Lost River Valley Property Owners’ Association (the Association) took place on June 2, 2007 at the Lost River Retreat Center

Call to Order

The Association President, Bob Alcock, called the meeting to order at 1:10 pm, and noted that a quorum of the membership was present at the Annual Meeting.

Minutes of the 2006 Annual Meeting

The membership considered the minutes of the 2006 Annual Meeting. Barry Miners moved that the minutes be approved as written. The motion was seconded by Bill Loy. The motion was approved unanimously by voice vote.

Before proceeding to further Association business, Blair Mastal informed the membership that on May 31, 2007, approximately $4000 worth of tools was stolen from the construction site at his home on Settlers Valley Way. Continue reading →

2008 ANNUAL MEETING MINUTES

Lost River Valley Property Owners’ Association
Annual Meeting
June 7, 2008

The Annual Meeting the Lost River Valley Property Owners’ Association (the Association) took place on June 7, 2008 at the Lost River Retreat Center.

Call to Order

The Association President, Bob Alcock, called the Annual Meeting to order at 1:05 pm, and noted that a quorum of the membership was present.

Minutes of the 2007 Annual Meeting

The membership considered the minutes of the 2007 Annual Meeting. Bob Dillard moved that the minutes be approved as written. The motion was seconded by Peter Lefkin. The motion was approved unanimously by voice vote.

Treasurer’s Report

Greg Thomas, Treasurer, provided a Treasurer’s Report. He began by reporting that the Association is currently in a positive financial status. There were no deviations from the 2007 Annual Budget. It was estimated the Association would not exceed the Annual Budget for the current fiscal year. The Association has paid for all roadwork projects to date.

Greg Thomas indicated that the majority of Association expenses were related to road maintenance. Actual expenditures in 2007 by the Association were lower than budget projections, primarily due to lower expenditures than anticipated for snow removal. He also informed the Association that its insurance policy premium was reduced through the establishment of the Lost River Valley Property Owners’ Association Safety Committee.

Greg Thomas reported that the Association began 2007 with $18,000 in the Reserve Fund. The Reserve Fund has been invested in a Certificate of Deposit as that provided a greater return than retaining the balance in the Association checking account. The Association paid $168 in tax liabilities from interest earned by its Certificates of Deposit in 2007. The balance in the Association checking account as of June 2 was approximately $40,000. Total assets for the Association were $58,000.

Thus far in 2008, approximately $1,000 in donations and $1,000 in construction fees have been received. On behalf of the Board of Directors, Greg expressed appreciation for those who had contributed to the funds, and he encouraged the membership to make contributions in the future.

Greg Thomas also provided the membership with a status update on collection of delinquent Annual Assessments. In 2007, a total of $1,350 in delinquent assessments was uncollected. It was noted that the location of one owner was unknown to the Hardy County tax collector as well as the Association. Greg Thomas also provided the membership with the names of Association members who had not paid their 2008 Annual Assessments.

The floor was then opened for questions from the Membership regarding the Treasurer’s Report:

Fred Spangler asked for additional information regarding the Certificates of Deposit purchased by the Association from Reserve Funds. Greg Thomas indicated that interest from the Certificates of Deposit yielded a greater rate of return to the Association than a savings account, even taking into account the tax liability of the interest earned.

Greg Thomas also provided the Association with a document that compared Annual Assessments of neighboring property owners associations. It was noted the $163 Annual Assessment of the Lost River Valley Property Owners’ Association was significantly lower than the Assessments of a majority of neighboring associations.

There being no further questions regarding the Treasurer’s Report, Bob Lawson moved that the Treasurer’s Report be approved as presented. The motion was seconded by Nancy Howell. The motion was approved unanimously by voice vote.

Road Maintenance

Bob Alcock provided the membership with an assessment of recent damage caused by extremely high winds. He noted there were trees that had blocked Association roads that had already been removed. He further noted that the additional maintenance efforts would be continuing to ensure the roadways under Association jurisdiction remained safe.

Joe Keyerleber provided an overview of road maintenance activities. He began by thanking property owners who had contributed to the Road Maintenance Fund. Joe indicated that rising costs for fuel and contractor services contributed to increased expenditures for road maintenance. He asked the Association to abide by the posted speed limits in order to reduce washboarding.

Joe Keyerleber provided the Association with the following Road Maintenance Report:

• Last fall, tree and brush trimming was performed on the roads most in need, prior to grading. Volunteers did a lot of it, and a contractor did the rest. The roads trimmed were Whispering Pines, Settlers Valley Way and Valley View.
• This spring we are trimming Meadow Lane, Wildlife Drive, Fox Squirrel Way and Pleasant Valley. The standards for trimming are 15 feet vertical over ditches and 20 feet vertical over roads. This is necessary so that the grader and crusher run dump truck can operate safely and without being damaged.
• Next year we plan to trim Moonshine Hollow, Hunters Ridge and Spurs Access.
• Last fall, volunteers filled many potholes on the roads, and our contractor filled the others. We try to leave a pile of material for this purpose, and we will notify the members when we have done so.
• During the fall grading, we addressed the issue of washboarding on hills. Unfortunately, the washboarding keeps reappearing.
• We hired a consulting road engineer, Dave Vanscoy, to advise us on washboarding as well as specific problem areas on Whispering Pines, Fox Squirrel Way and Spurs Access.
• The engineer advised that the only long-range solution for washboarding would be to pave the roads. We have no plans to do this, and will continue our annual efforts with our contractor to control washboarding as much as possible.
• A spring on Fox Squirrel Way led to soft road conditions. Two trucks became mired in the mud and had to be towed out. We are currently rebuilding that section of road with a French drain that will conduct the water away from underneath the road.
• We are working with property owners to correct a difficult water problem on Spurs Access. A new driveway has caused water to flood across the roadway, rendering it almost impassable for the property owner below. The owner of the driveway is taking responsibility. The owner’s contractor is currently developing specific plans to correct the situation, under authorization and oversight of the Board.
• Due to a mild winter, our ten miles of roads remained in relatively good condition. Snow was plowed and cinders put down only once.
• The Board conducted a survey of all Association roads on May 3, 2008, and a list of road projects was developed.
• The spring roadwork has been delayed due to rainy weather in May. Ditch and culvert clearing, grading, and laying down crusher run is ongoing at this time.
• We are trying to avoid roadwork on the weekends, as this could be an inconvenience to our members and a safety concern as well.
• Many thanks to the volunteers who helped with trimming and filling potholes.
• We would like to remind everyone to inspect their driveway culverts to make sure they are clear of leaves and any other debris, and that water is able to flow through them.
• Please drive slowly on Association roads. Speed, especially putting the hammer down on hills, is a strong contributing factor to washboarding and roadway deterioration. Everyone should also advise their visitors and contractors to drive slowly and carefully on our roads. The speed limit on Association roads is 15 mph.
• Free piles of mulch for property owners are located at the end of Meadow Lane, towards the end of Settlers Valley Way, and at the low point of Whispering Pines.

The floor was opened for questions from the membership regarding road maintenance issues.

Jeff Grove provided the membership with a detailed explanation of the significant water accumulation on his property on Fox Squirrel Way. He indicated that, during New Business, he would seek approval from the membership to have the Association cover part of the cost of repairs to his property. Bob Alcock explained to the membership that he and other members of the Board of Directors had visited the site on numerous occasions and had spoken with the property owner from which the water was draining onto the property owned by Mr. Grover. Bob Alcock provided the membership with a current assessment of the situation and indicated the neighboring property owner was in the process of retaining an engineering firm to repair the situation.

Keith Todd requested that the Association provide additional grating and repair on Fox Squirrel Way.

Bill Shively noted similar road maintenance work was needed at the end of Fox Squirrel Road.

Bob Lufkin noted that trucks were causing major damage to Wildlife Drive.

Jim Funk expressed concern regarding the major dip in the road on Whispering Pines Drive. Bob Alcock provided the membership with an explanation of the causes of the dip on Whispering Pines Way. He indicated that ditch cleaning would aide in reducing the problem.

Fred Spangler inquired about the expenses for the services of a civil engineer for road maintenance recommendations. Greg Thomas responded that the cost for such services is included in the Annual Budget of the Association, and that the cost for the consultation was $400.

Keith Todd moved to accept the Road Report. The motion was seconded by Chris Tolson. The motion was approved by voice vote.

Bob Alcock thanked Joe Keyerleber for his dedication and assistance to the Association in its road safety and maintenance activities.

Good Neighbor Policies

Bob Alcock asked the membership to review and adhere to the good neighbor policies distributed at the Annual Meeting. He noted that some contractors have been in violation of the 15 mile per hour speed limit within Association boundaries, and asked the membership to remind contractors doing work on their properties to adhere to the posted speed limits. He also reminded the membership to be aware of bears that have been seen in the area. He noted that the Virginia Department of Natural Resources requests that bird feeders not be left unattended, to burn off grill residue after use and to carefully dispose of garbage. He noted that the Department had placed bear traps on properties where bears had been observed on multiple occasions. He also noted that the season for bear hunting has been extended as a means of controlling the overpopulation of bears in the area.

Voluntary Construction Fee Schedule

Bob Alcock reminded the membership that voluntary contributions to the Road Maintenance Fund are requested when property owners engage in significant construction projects. He reminded the membership that at the 2007 Annual Meeting, the following schedule of contributions was approved by the membership:

1. New Home $300

2. Major Renovation/Major Landscaping

Adds 50% or more square footage to current structure, and/or 15 or more truck loads of fill material. $250

3. Minor Renovation/Minor Landscaping

Adds less than 50% square footage to current structure, and/or 14 or less truck loads of fill material. $200

4. Other Improvement

Job takes more than 5 working days. $100

5. Small Jobs

Job takes 5 or less work days, e.g. storage shed or decking. No Fee

Safety Committee

Bob Alcock reported that the Lost River Valley Property Owners’ Association Safety Committee met on a quarterly basis and asked that any safety concerns be reported to the Safety Committee. He further indicated that the Safety Committee, comprised of the Association Board of Directors, had carefully reviewed the Association Safety Plan of Risk Management and was proposing no changes at this time.

New Business

Bob Alcock expressed thanks to Dan Reichard for his voluntary efforts to re-design and improve Association website. He indicated that the Association welcomes suggestions from the membership on website content.

Jeff Grove moved that the Association assume the cost of approximately $2,250 for repairs of his private road. The motion was seconded by Roland Smith. Mr. Grove provided the membership with additional information on the causes of the water accumulation on his property on Fox Squirrel Way.

Dan Reichard reminded the membership that issues and projects involving water flow were addressed in the Covenants of the Association.

Bob Alcock indicated that the Covenants and Bylaws of the Association are the governing documents that guide decisions by the Board of Directors. He indicated the amendment offered by Mr. Grove would require a change in the Covenants.

Scott Schwartz expressed concern that the Association might also be financially responsible for future repairs to the property if the amendment offered Mr. Grove were to pass.

Margo Pfleger suggested that the Board of Directors work with Mr. Grove to develop a list of repair requirements and provide the list to the owners of both properties as well as to the contractors who would be making the roadwork repairs.

Mr. Grove agreed with the suggestion of Margo Pfleger that the Board of Directors should develop a list of guidelines that would need to be met in order to mitigate the water accumulation on his property. Bob Alcock indicated that the Board of Directors would undertake the development of the requested guidelines.

Mr. Grove then withdrew his motion.

Mr. Grove then provided the membership with photographs of the water accumulation on his property.

Mr. Grove moved that the Lost River Valley Property Owners’ Association assume the financial obligation of up to, but not exceeding, $2,500 to make the necessary repairs to his property in order to resolve the water accumulation problem on his property on Fox Squirrel Way, or to retain the services of a contractor selected by the Board of Directors to make such repairs. The motion was seconded by Roland Smith.

Bob Alcock acknowledged that the driveway of the neighboring property was not engineered correctly, and that the owner of the neighboring property had engaged the services of an engineer to make the necessary repairs.

The membership expressed great empathy about the situation of Mr. Grove. Many members indicated that the Board of Directors should be vigilant about overseeing the repairs to the property owned by Mr. Gove.

Peter Lefkin, while expressing strong empathy for the situation faced by Mr. Grove, expressed concern that passage of the amendment offered by Mr. Grove could have the unintended effect of potentially obligating the Association of assuming similar costs in the future.

The membership then voted on the motion offered by Mr. Grove. There were 6 ayes and 32 nay votes, and the amendment was defeated.

Following the vote, the membership asked to be kept apprised of the progress made to resolve the situation with regard to water backup on the property owned by Mr. Grove.

Dan Reichard moved that the Association request that legal counsel to the Association initiate legal correspondence to both property owners, if needed, in order to ensure that the repairs are made. The motion was seconded by Peter Lefkin. The motion was approved unanimously by voice vote.

Election of Officers

The Association then conducted the election of officers for term of office from July 1, 2008 until June 30, 2009. The following Association members sought re-election to the Board of Directors:

President- Bob Alcock
Vice President – Glenn Thornton
Treasurer – Greg Thomas
Secretary – Mark Smith
Member at Large – Joe Keyerleber

The floor was opened for additional nominations. No additional nominations were made. Bob Dillard moved that the slate of officers be elected. The motion was seconded by Blair Mastal. The motion was approved unanimously by voice vote.

The membership thanked the Board of Directors for their service to the Association.

Adjournment

Keith Todd moved that the meeting of the 2008 Annual Meeting of the Lost River Valley Property Owners’ Association be adjourned. The motion was seconded by Bob Dillard. The motion was approved unanimously by voice vote. The meeting was adjourned at 2:55 pm.

2009 ANNUAL MEETING MINUTES

Lost River Valley Property Owners’ Association
Annual Meeting
June 6, 2009

The Annual Meeting the Lost River Valley Property Owners’ Association (the Association) took place on June 6, 2009 at the Lost River Retreat Center.

Call to Order

The Association President, Bob Alcock, called the Annual Meeting to order at 1:05 pm, and noted that a quorum of the membership was present.

Minutes of the 2008 Annual Meeting

The membership considered the minutes of the 2008 Annual Meeting.

Bill Shively requested that the minutes reflect his request for the Association to extend the Fox Squirrel Run to his property and installing a cul-de-sac at the end of the road.

Bill Shively then moved that the minutes be approved as revised. The motion was seconded by Tom Robertson. The motion was approved unanimously by voice vote.

Treasurer’s Report

Greg Thomas, Treasurer, provided a Treasurer’s Report. He began by reporting that the Association is currently in a positive financial status. Actual income for 2008 of $43,620 exceeded the projected income of $39,600. Actual expenses of $43,036 were less than the budget projection of $45,500 and included in that amount was an $8,500 contribution to reserves. He noted the reason for lower expenditures was due primarily to lower than anticipated costs for snow removal. The Association has paid for all roadwork projects to date. He also informed the Association that its insurance policy premium was reduced through the establishment of the Lost River Valley Property Owners’ Association Safety Committee.

Greg Thomas reported that the Association began 2008 with $18,000 in the Reserve Fund. The Reserve Fund has been invested in a Certificate of Deposit as that provided a greater return than retaining the balance in the Association checking account. Total reserve funds at the end of fiscal year 2008 were $27,420. Greg reminded the membership of the objective to achieve and maintain a balance of $36,000 in the Reserve Fund, which represents approximately one year of budgeted expenses. On behalf of the Board of Directors, Greg expressed appreciation for those who had contributed to the fund, and he encouraged the membership to make contributions in the future.

The Association paid $467 in tax liabilities in 2008, representing both federal and state taxes. Total assets for the Association as of December 31, 2008 were $41,866.

Greg Thomas also provided the membership with an update on collection of 2009 delinquent Annual Assessments. A total of 13 Association members were delinquent in submitting their Annual Assessment. Greg Thomas also provided the membership with the names of Association members who had not paid their 2009 Annual Assessments. Members offered to contact those property owners to request they submit their Assessments. Greg Thomas also noted that one property whose owner had not paid dues for several years is currently under contract for sale and that the realtor involved has been notified of the outstanding fees due the Association. In addition, one property with outstanding fees for three years went into foreclosure and the bank paid in full the existing balance due to the Association.

The floor was opened to the membership for questions regarding the Treasurer’s Report.

It was asked if the Association had exercised its authority to place liens on the properties of owners who were in serious arrears on Annual Assessments. Bob Alcock explained the complex process involved with placing a lien, and indicted that doing so was a last resort after numerous attempts had been made by the Association to contact the member who was delinquent in submitting their Annual Assessment.

Greg Thomas reminded the membership that the Association has previously made a donation to the Mathias-Baker Volunteer Fire Company and asked if the membership would like to make a donation. Margo Pfleger moved that the Association make a $500 contribution to the Company. The motion was seconded by Dan Reichard. The motion was approved unanimously by voice vote.

The membership expressed its thanks to Greg Thomas and the Board of Directors for their financial management of the Association.

There being no further questions regarding the Treasurer’s Report, Bob Lawson moved that the Treasurer’s Report be approved as presented. The motion was seconded by Peter Lefkn. The motion was approved unanimously by voice vote.

Road Maintenance

Joe Keyerleber provided an overview of road maintenance activities. Joe indicated that rising costs for fuel and contractor services contributed to increased expenditures for road maintenance. He asked the Association to abide by the posted speed limits in order to reduce washboarding.

Joe Keyerleber provided the Association with the following Road Maintenance Report:

The ten miles of Association roads have been maintained in good condition throughout the year. Winter weather and spring rains have caused some problems, but our spring roadwork is underway and will be completed during June. Here are some of the details:

1. Tree branch and brush trimming has been completed on Moonshine Hollow, Hunters Ridge and Spurs Access, as well as portions of Tom’s Knob, Whispering Pines and Settlers Valley Way. This completes our three-year plan to trim and clear all Association roads.

2. The steep hill on Whispering Pines has remained intact, without excessive washboarding, after we scraped the road and packed it down again with a vibrating roller last year.

3. We will concentrate this year on putting down shale to raise the crown on road segments that have significant potholes and channeling. Raising the crown will allow water to drain off the roads into ditches, as intended.

4. During the year Board members and other volunteers have gone out on the roads filling potholes, clearing ditches and culverts, and removing branches and brush that are in the way. We are required to maintain a vertical clearance of 15 feet over ditches and 20 feet over the roadway so the road maintenance equipment can operate safely and effectively.

5. To keep on top of potholes that form quickly during wet weather, we are contracting for immediate pothole repair services as needed. Robin White and Rhonda MacIntosh have agreed to be on call for quick pothole repairs.

6. We have asked the state highway department to repair the pothole field along Settlers Valley Way just off Mill Gap. (The state is responsible for this section of road, although Board members sometimes fill these potholes anyway.)

7. The Board has installed a warning sign and additional reflecting markers for the speed humps on Whispering Pines. (The Board is planning to install additional speed limit signs along problem areas, but does not favor installing additional speed bumps at this time.)

8. This fall, we are planning to clear leaves from some ditches in December, instead of waiting until spring. The goal is to prevent water-soaked leaves from clogging the ditches and culverts throughout the winter. This problem occurs frequently on level stretches through trees, such as on Settlers Valley Way, Hunters Ridge, Wildlife Drive, Fox Squirrel Way and Moonshine Hollow.

9. A French drain was completed on Fox Squirrel Way to alleviate soft road conditions on the upgrade. The drain is working well but during wet weather a small underground spring is still seeping water near the base of the hill. Board members dug a temporary channel to divert the water away from the road. We will regrade this area and put in some large stones to keep the water going into the ditch rather than the roadway.

10. The Board worked with property owners on Spurs Access to resolve serious problems (as discussed at the 2008 annual meeting). A needed culvert was installed under the roadway, a driveway was re-engineered, and two water bars were constructed to divert water off the roadway. Property owners are still responsible for planting a ground cover to control erosion of their hillside directly above the roadway.

11. Due to a mild winter, our ten miles of roads remained in relatively good condition. (We expended less than $2000 of the $5000 dollars budgeted for snow removal.)

12. The Board conducted a survey of all Association roads during May and June, and a master list of road projects was developed for guidance to our contractors and for Board follow-up.

13. We would like to remind everyone to inspect their driveway culverts to make sure they are clear of leaves and any other debris, and that water is able to flow through them.

14. Please drive slowly on Association roads. Speed, especially putting the hammer down on hills, is a strong contributing factor to washboarding and roadway deterioration. Everyone should also advise their visitors and contractors to drive slowly and carefully on our roads. The speed limit on Association roads is 15 mph.

15. Free piles of mulch for property owners are located at the end of Moonshine Hollow, Hunters Ridge, and Spurs Access. There also may be some mulch from last year at the end of Meadow Lane, towards the end of Settlers Valley Way, and at the low point of Whispering Pines.

Joe indicated that tree trimming along Association roadways had been completed.

The floor was opened for questions from the membership regarding road maintenance issues.

Bill Shively requested that the roadwork on Fox Squirrel Run be completed as soon as possible. Bob Alcock indicated that the roadwork on Fox Squirrel Run would be addressed this year.

Several members expressed their displeasure that the State of West Virginia had not maintained the portion of Settler’s Valley Way that was under its jurisdiction. Bob Alcock provided the membership with a brief history of how part of the road came under jurisdiction of the state. He indicated that he has contacted the Department of Transportation on numerous occasions to request that the roadwork be done. However, the state continues to ignore this request. Mark Smith volunteered to contact Delegate Harold Michael to request his assistance with the Department of Transportation.

The membership then entered into a discussion regarding the installation of speed bumps on Association roadways. Bob Alcock began the discussion by providing the membership with a brief history of the speed bump on Whispering Pines Road. He also discussed potential alternatives to speed bumps that could be employed to reduce traffic speed on Association roadways. He also indicated that the Board of Directors had contacted Jack Walters, Esq., counsel for the Association, who indicated there were liability risks if the Association installed speed bumps, but that those liability risks were no different from the risks the Association might assume for normal road maintenance. Jim Klump indicated that construction trucks were a significant factor and asked property owners to remind contractors to observe speed limits.

The membership asked the Board of Directors to have additional speed limit signage placed at strategic locations on Association roadways and discuss the issue again the 2010 Annual Meeting.

By a show of hands, 12 property owners indicated they wanted more speed bumps installed and 18 property owners indicated they did not want the Association to install speed bumps.

Bob Alcock indicated that Joe Keyerleber was not seeking re-election to the Board of Directors and thanked him for his service. The membership gave a warm round of applause to Joe for his dedication to the Association.

Voluntary Construction Fee Schedule

Bob Alcock reminded the membership that voluntary contributions to the Road Maintenance Fund are requested when property owners engage in significant construction projects. He reminded the membership that at the 2007 Annual Meeting, the following schedule of contributions was approved by the membership:

1. New Home $300

2. Major Renovation/Major Landscaping

Adds 50% or more square footage to current structure, and/or 15 or more truck loads of fill material. $250

3. Minor Renovation/Minor Landscaping

Adds less than 50% square footage to current structure, and/or 14 or less truck loads of fill material. $200

4. Other Improvement

Job takes more than 5 working days. $100

5. Small Jobs

Job takes 5 or less work days, e.g. storage shed or decking. No Fee

New Business

New Construction/ Major and Minor Project Approval Form – Bob Alcock reminded the membership that at the 2008 Annual Meeting, the Board of Directors was asked to convene a volunteer Task Force to develop a questionnaire to help ensure that construction projects were in compliance with the Association Covenants and Bylaws. The members of the Task Force were Bob Alcock, Margo Pfleger and Dan Reichard. Bob Alcock provided an overview of the questionnaire and opened the floor for discussion by the membership.

Bill Shively questioned the benefit of having a discussion with a member of the Board of Directors at the site of major construction projects. He expressed his concern that it would be time-consuming and difficult to schedule. He also asked if such a meeting would pose a legal liability to the Association.

Dan Reichard and Margo Pfleger explained the intent of meeting a member of the Board of Directors at the construction site was to be helpful to the property owner by mitigating the need for future alterations to the site or the construction project due to being out of compliance with the Association Covenants and/or Bylaws.

Bill Shively moved that the provision of the questionnaire regarding a meeting with a member of the Board of Directors (Step 2) be removed. The motion was seconded by Roland Smith.

The motion was defeated by voice vote.

Jack Surato moved that the form be amended to encourage that all contractors be licensed by the State of West Virginia. The motion was seconded by Peter Lefkin.

The motion was approved by voice vote.

Nancy Powell moved adoption of the New Construction/ Major and Minor Project Approval Form as revised. The motion was seconded by Peter Lefkin. The motion was approved by voice vote.

Bob Alcock opened the floor for any General Business, questions or comments from the membership.

Joe Keyerleber thanked the membership for the opportunity of serving on the Board of Directors. He encouraged members to consider serving on the Board in the future.

Brenda Turner requested additional volunteers for trash clean-up on Mill Gap Road. She also requested the days for trash pick-up projects be posted on the Association website.

Bob Alcock reviewed the Association “Good Neighbor” polices as well as strategies for keeping bears from the properties of homeowners.

Election of Officers

The Association then conducted the election of officers for term of office from July 1, 2009 through June 30, 2010. The following Association members sought election to the Board of Directors:

President – Bob Alcock
Vice President – Karen Imhoff
Treasurer – Greg Thomas
Secretary – Mark Smith
Member at Large – Bret Limage

The floor was opened for additional nominations. No additional nominations were made. Nancy Powell moved that the slate of officers be elected. The motion was seconded by Bill Loy. The motion was approved unanimously by voice vote.

The membership thanked the Board of Directors for their service to the Association.

Adjournment

Nancy Powell moved that the meeting of the Annual Meeting of the Lost River Valley Property Owners’ Association be adjourned. The motion was seconded by Bill Loy. The motion was approved unanimously by voice vote. The meeting was adjourned at 2:55 pm.

2010 ANNUAL MEETING MINUTES

Lost River Valley Property Owners’ Association
Annual Meeting
June 5, 2010

Call to Order

The Association President, Bob Alcock, called the Annual Meeting to order at 1:05 pm, and noted that a quorum of the membership was present.

Minutes of the 2009 Annual Meeting

The membership considered the minutes of the 2009 Annual Meeting.

There were no corrections or additions to the minutes from the membership.

Bob Dillard moved that the minutes be approved as written. The motion was seconded by Keith Todd. The motion was approved unanimously by voice vote.

Treasurer’s Report

Greg Thomas, Treasurer, provided a Treasurer’s Report. He began by reporting that the Association is currently in a positive financial status. Actual income for 2009 of $46,121 exceeded the projected income of $42,700. Actual expenses of $41,211 were less than the budget projection of $42,700. Included in that amount was a $10,000 contribution to reserve fund. The Association has paid for all roadwork projects to date. He also informed the Association that its insurance policy premium was reduced through the establishment of the Lost River Valley Property Owners’ Association Safety Committee.

Greg Thomas reported that the Association began 2009 with $27,420 in the Reserve Fund. The Reserve Fund has been invested in financial instruments that provided a greater return than retaining the balance in the Association checking account. Total reserve funds at the end of fiscal year 2009 were $37,782. Greg informed the membership the Association is very close to achieving its objective to maintain a balance of $38,000 in the Reserve Fund, which represents approximately one year of budgeted expenses. No reserve funds were expended in 2009. On behalf of the Board of Directors, Greg expressed appreciation for those who had contributed to the fund, and he encouraged the membership to make contributions in the future. Including a tax liability owed to Hardy County, the Association paid $392 in tax liabilities in 2009, which also includes federal and state taxes. Total assets for the Association as of December 31, 2009 were $41,866.

Greg noted that, due to the blizzard snow conditions, the Association assumed significantly greater expenditures for snow removal and mitigation. The additional expense was largely due to the need to retain a tractor to remove the snow. A total of $14,927 was utilized for snow removal services.

Greg Thomas also provided the membership with an update on collection of delinquent 2010 Annual Assessments and read the list of the 9 owners who have yet to pay their fees for this year. The total amount owed (without interest and penalty) is $1,575.

Given the positive financial condition at the time of developing the budget for 2010, the Board of Directors approved no increase in Annual Assessments for 2010.

The floor was opened to the membership for questions regarding the Treasurer’s Report.

Several members of the Association asked if liens had been placed against any of the property owners who are in continuous arrears in submission of their Annual Assessment. Greg Thomas indicated that liens had been placed on the properties owned by Alyce Estrada-Palma and Cecil Bott.

Bob Alcock explained the complex process involved with placing a lien, and indicted that doing so was a last resort after numerous attempts had been made by the Association to contact the member who was delinquent in submitting their Annual Assessment.

The membership expressed its thanks to Greg Thomas and the Board of Directors for their financial management of the Association.

There being no further questions regarding the Treasurer’s Report, Bob Leiston moved that the Treasurer’s Report be approved as presented. The motion was seconded by Bill Loy. The motion was approved unanimously by voice vote.

Road Maintenance

Bob Alcock provided the membership with an overview of the substantial recovery efforts related to the massive snowfall earlier in the year. The membership commended the efforts of Bob Alcock, the contractors and others on their efforts. The membership also expressed appreciation for keeping property owners informed during the process. Several members expressed their appreciation for posting alerts and updates on the Association website.

Bob Alcock then provided an overview of the current road maintenance activities.

In October 2009, Board members surveyed our roads and developed a list of projects for the Fall roadwork. The plan was to do the Fall roadwork in early December so that leaves could be cleared from the ditches and culverts. In the past, water-soaked leaves clogged ditches and culverts. Unfortunately, bad weather hit the first week in December and we were not able to complete the Fall roadwork.

There were six “snow events” that required plowing, compared with two the previous winter. Because of the existing snow and drifting, the February storm required engaging Garlan Funkhouser and his son to plow with their farm tractor.

In late April, Board members again surveyed the roads and created a master list of projects to guide our contractor for the Spring roadwork. The Association’s roads survived a very harsh winter in amazingly good shape. However, some road segments turned soft. The steep hill of Settlers Valley Way and the down grade to the creek under Whispering Pines needed significant amounts of shale to restore the roadbeds.

Over the past few years Spurs Access has been a continual problem with numerous potholes and soft spots. This year, on the advice of our contractor, we applied shale from the beginning of the road, around the corner and down to the last driveway on the left. The shale will work itself into the existing material and stabilize the road. The last major work on Spurs of this type was in the early 1980’s, according to Jeff Grove.

In the future we will need to put down shale at the end of Fox Squirrel to restore the crown. We will also have to evaluate what to do about the beginning of Moonshine Hollow. A perpetual spring seeps under Moonshine and softens the road.

At the conclusion of his year’s Spring road work, we will place speed limit signs in strategic places along Association roads. Each of the four entrances to the Association will have a sign. Another six signs will be placed where property owners have indicated speeding is a problem.

Keeping trees and bushes trimmed back from our roads continues to be a problem. The Association spent about $19,000 over three years (2007, 2008 and 2009) to hire a tree trimming service with a boom truck, chipper and crew. The expenditure opened up our roads significantly and provided many piles of free mulch for property owners. But many of our roads are overgrown with bushes and trees, hampering road maintenance and snow plowing operations. We need to think carefully how we keep up with the growth of vegetation.

Several culverts were clogged with debris, and a contractor has been retained to clear them. Following that, the Fire Department will be asked to flush out the culverts.

Bob Leiston inquired about a French drain that was installed on Fox Squirrel Way several years ago. He expressed concern there has been seepage from a nearby spring. Bob Alcock indicated that a ditch was being installed to direct the water from the roadway.

Several members expressed their displeasure that the State of West Virginia had not maintained the portion of Settler’s Valley Way that was under its jurisdiction. Bob Alcock provided the membership with a brief history of how part of the road came under jurisdiction of the state. He indicated that he has contacted the Department of Transportation on numerous occasions to request that the roadwork be done. However, due to budgetary constraints, it was unlikely the State of West Virginia would have the resources to maintain their roadway.

The membership then entered into a discussion regarding tree trimming along Association roadways. Bob Alcock stressed the need to continue tree trimming for safety purposes. He indicated the Association had expended approximately $19,000 over the past three years for tree trimming services.

As an alterative, if a boom mower could be used, the cost for tree trimming services would be reduced significantly. Bob Alcock indicated the cost would be approximately $3000.

Peter Lefkin requested that the Board of Directors ensure the Association is not liable for any costs associated with accidents to contractors, including contractors retained by the Association for other Association-related activities. Bob Alcock indicated that he had been assured by the Association attorney that was, in fact, the case but would discuss the matter with him again.

Antoinette Brenkert expressed great concern that the use of a boom mower would cause undue damage to the vegetation. Margo Pfleger expressed similar concerns regarding the use of a boom mower. Bill Leiston indicated that a boom mower was the best equipment for trimming trees on Association property.

The membership requested that, if a boom mower is used, then the tree trimming be performed to meet the mutual objectives of preserving safety on Association property, while also preserving as much vegetation as possible.

Bob Alcock indicated that additional speed limit signs had been purchased and would be installed following the completion of the spring roadwork. He further indicated that the locations for the new speed limit signs had been assessed.

Bob Sause requested that a speed limit sign be placed on Pleasant Valley Drive.

Antoinette Brenkert inquired if the Association Bylaws or Covenants include restriction on tree removal on private property. Bob Alcock indicated neither the Bylaws nor Covenants address the issue. He reminded the membership that the Bylaws had been amended to prohibit commercial logging on any Association property.

The membership then discussed the use of All Terrine Vehicles (ATVs) by younger people. Bob Alcock reminded the membership West Virginia law states that use of ATVs was restricted to those who possess a valid driver’s license, or who are registered with the State for permission to drive an ATV. He further reminded the membership that the Association’s Covenants restrict the use of ATVs to those with a valid driver’s license. Keith Todd requested the Board to send a letter to the membership reminding them of these restrictions.

On behalf of the Board of Directors, Bob Alcock thanked the many property owners who called or emailed the Board this past year and let us know about problem areas on our roads. He stressed it is only with this cooperative spirit that we can work together and fix problems promptly.

The membership again thanked the Board of Directors for their efforts to maintain safe road conditions throughout the year.

Voluntary Construction Fee Schedule

Bob Alcock thanked the membership for their contributions to the Road Maintenance when property owners engage in significant construction projects.

Greg Thomas reminded the membership of the voluntary fee schedule currently in place:

1. New Home $300

2. Major Renovation/Major Landscaping

Adds 50% or more square footage to current structure, and/or 15 or more truck loads of fill material. $250

3. Minor Renovation/Minor Landscaping

Adds less than 50% square footage to current structure, and/or 14 or less truck loads of fill material. $200

4. Other Improvement

Job takes more than 5 working days. $100

5. Small Jobs

Job takes 5 or less work days, e.g. storage shed or decking. No Fee

New Business

Bob Alcock provided the membership with an overview of recent bear sightings and activities involving property owners’ homes and surrounding areas. He stressed the importance of keeping properties free of debris and burning off grill residue after use. He also asked that property owners remove bird feeders when not in use.

He indicated the West Virginia Department of Natural Resources had placed bear traps at strategic locations on Association property. However, the effort was unsuccessful in trapping any bears.

Bob Alcock requested that the membership contact the Department of Natural Resources in Romney, West Virginia to report bear sightings and to request that traps be placed in the area. Hank Dove provided the membership of the number to call.

Roland Smith informed the membership of a possible incident whereby someone released a bear from a trap at an undetermined location on Tom’s Knob Approach. He indicated the truck used to transport the bear did not have a government logo or other markings that a government vehicle would traditionally have.

Bob Dillard informed the membership that an additional multi-address mailbox was available from the Lost City Post Office. Bob Alcock indicated the new mailbox would be installed simultaneously with the new speed limit signs. He requested that members who currently have private mailboxes consider removing them and utilize one of the multi-address mailboxes.

Bob Alcock reviewed the Association “Good Neighbor” polices as well as strategies for keeping bears from the properties of homeowners.

The membership requested the Board of Directors to send a letter to property owners to remind owners about shooting restrictions, ATV usage and adherence to the 15 mile per hour speed limit on all Association property.

Election of Officers

The Association then conducted the election of officers for term of office from July 1, 2010 through June 30, 2011. The following Association members sought election to the Board of Directors:

President – Bob Alcock
Vice President – Karen Imhoff
Treasurer – Greg Thomas
Secretary – Mark Smith
Member at Large – Bret Limage

The floor was opened for additional nominations. No additional nominations were made. Bob Dillard moved that the slate of officers be elected. The motion was seconded by Margo Pfleger. The motion was approved unanimously by voice vote.

The membership thanked the Board of Directors for their service to the Association.

Adjournment

Bill Leiston moved that the meeting of the Annual Meeting of the Lost River Valley Property Owners’ Association be adjourned. The motion was seconded by Hank Dunn. The motion was approved unanimously by voice vote. The meeting was adjourned at 2:05 pm.