2009 ANNUAL MEETING MINUTES
Lost River Valley Property Owners’ Association
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.
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.
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 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.
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.