Present: Scott Webber, Jim McCann, David Decker, Ray Garber, Don Austin
Joe Nicoloff, Gary Kluckman.
Quorum Present: Yes
Holishor Members Present 15
Glenn Dalton and Kellie Crider from Holishor Office
Meeting called to order at 7:30 PM
Pledge of Allegiance Recited
Minutes of March 9, 2011
Action: Jim McCann motions to approve, Ray Garber seconds
Transfers of Property
Action: David Decker motions to approve, Joe Nicoloff seconds
• Building Committee Report
Read by Don Austin
• Variance Request
Action: Discuss in New Business
Scott Webber: Will have the attorney’s opinion of the Covenants by next week and I will call a special board meeting to discuss them.
Jim McCann: At the last working meeting we discussed a Special Use Permit put forth by the Madison County Zoning Commission. Because of the changing economic times there are many people with home offices, Madison County is allowing for these types of business in residential areas. So we decided to add another restriction to our Covenants concerning home based businesses as long as they fall within the guidelines of the restrictions set forth.
Read by Jim McCann
Jim McCann: It has been emailed to the Attorney and the revised copy will be sent to him tomorrow morning.
Scott Webber: In the last meeting it was decided voting could be done In-Person, Mail-in and by Proxy. Since it is By-Lot, we do need to clarify if we going to identify a lot by parcel ID numbers, since we are using Madison County records to determine exactly how much a person owns?
Action: David Decker motions that the Covenant vote, “Lot” definition, be identified by Parcel IDs as listed in the Madison County record as of May 13, 2011, Ray Garber seconds.
- Garden Club New Gate Signs
Scott Webber: Update from Garden Club on the Entrances Gate signs. They were able to purchase eight signs and had two donated making a total of 10 out of the 15 needed. They have requested that the Holishor Maintenance Staff install. Glenn was asked to provide a price for the install and it will cost $50.00 per sign to install.
Action: David Decker motions that the Holishor Shore Maintenance Staff installs the signs, Jim McCann seconds.
Scott Webber: Just a reminder that we need candidates to run for the board, we have three openings and one candidate.
- Valley Contractors Change Order
Scott Webber: Valley Contractors has agreed to all our stipulations.
No Action Needed
- Greco memorial event & fund raiser with a silent auction will be held on the beach with proceeds to go to the Holiday Shore Fire department.
- Proposed Bylaw Article VII
Recording of Community Instruments
Scott Webber; We currently do not have a definition of Community Instruments. The new Bylaw shall be in full force upon recordation and stipulation in Section 1 above. With that statement, if you talk about full force, after the covenants are approved and everything is in place and recorded this sentence does not cause any issues.
Jim McCann: Our Bylaws and Rules have not been recorded and the Covenants have. I think the following Monday after the meeting we should get the bylaws and the rules recorded, we don’t have to wait for the Covenants because the Covenants have to be recorded.
Scott Webber: Does anyone have any problem with “Community Instruments” or should we leave it Covenants, Bylaws and Rules
Jim McCann: I think we should call them Community Instruments
Jim McCann: motions that we accept the changes to Article VII bylaw Section 1 and Section 2 as amended to put forth at the Annual Meeting for membership vote, Ray Garber seconds.
Scott Webber: Any other discussion?
Jim McCann: Yes, I will go through and change all the places it says Declarations or Bylaws to Community Instruments.
Scott Webber: Glenn, are you gong to work on the Rationales?
Glenn Dalton: Yes
Scott Webber: We have an equipment request from the Staff for a Roller for road repair and the Cost is $7,480.00. We have since found out that there is an auction coming up on Friday at Rickey Brothers. They will be auctioning off rollers so what we would like to entertain is allowing Glenn to go to that with a do not exceed dollar amount for a sufficient roller.
Action: David Decker motions not to exceed $7,480.00 in the purchase of a roller as requested by Staff or a like or better piece of equipment at the auction. Gary Kluckman seconds.
For: Ray Garber, David Decker, Gary Kluckman and Don Austin
Against: Jim McCann and Joe Nicoloff
Scott Webber: You may have noticed work being done at the base of Su Twan Dam. There is a boil out at the bottom of the Dam. We think we have isolated the problem. There is a morning glory type pipe that was installed in 2001 and it is leaking so we capped it and the water was still coming through. The engineers are working on it. They put fish friendly dye into the lake and have been monitoring it for two weeks to enable them to determine exactly where and how bad the leak is. The dam is not going to fail. We believe we have a plan to fix it and I will keep everyone apprised of the progress as we proceed.
Scott Webber: We have a person who wants to buy a property from a member who is not in good standing. The member owes $11,594.46 and is requesting we waive mowing fees, lien and all late fees. He is willing to pay off the assessment which has been accumulating since 2003, which means we will loose $7,169.46.
Action: Ray Garber Motions to approve the write off for $7,169.46, no second
Dies for lack of motion
Action: No write off will be given, if the property doesn’t close in a reasonable amount of time (60 days) we will begin the foreclosure process.
- Variance Request Ric Stephenson 2001
Ric Stephenson Present at this meeting for discussion
Action: Documents needed to determine variance request: Site plan drawings showing building locations, setbacks, photos of property, letter from a neighbor and resubmit variance request.
Donna Murphy 1836 & Mary Anne Magak 57
Donna Murphy 1836: Some of us have grown increasingly concerned over the past couple of years about the number of unkempt properties and the impact this has on our property values. I think we have some questions for the board. We are familiar with the bylaw that describes unkempt properties and that the board has some power to exercise some jurisdiction. What is your understanding of your enforcement power over unkempt properties and what are the obstacles you have encountered with unkempt properties?
Scott Webber: The Staff is constantly vigilant for derelict vehicles and unkempt properties. First what is an unkempt property? That is another discussion. First Glenn will fine them. When the fines reach a certain dollar amount, we put liens on the property. We restrict them of their Members-in-Good-Standing status. They can’t use the facilities or the lake. That is the extent of our powers.
Jim McCann: The County can do more than we can; there are some houses out here that have liens from unkempt property in upwards of $10,000. We have done foreclosures, not necessarily for fines because courts find them more punitive and are not always inclined to agree with them. The County has more teeth than we do; they have statutes governing unkempt property as well. They can fine people and they can throw them in jail. There was one member out here that was thrown in jail because he violated a court order to clean up his property. That was a very extreme case but the County made the decision.
Donna Murphy: What is our working relationship with the County on these issues?
Glenn Dalton: When we have a problem we request assistance and they come out, we have done that one time that I am aware of since I have been here..
Donna Murphy: What are the obstacles to being more proactive in this regard?
Glenn Dalton: our problem is that there is one sentence in the rule that says “not intended for future use”.
Donna Murphy: so in other words if something is cluttering the property and the member claims it is for future use he is entitled to keep it there?
Glenn Dalton: We have rules for building new structures but we do not have rehab rules. Its like you putting siding on your own house, you finish three sides of your house and leave the last undone for as long as you want, because we have no rules for it. If a person is building a fence and has all the lumber there; he can leave there as long as he wants. Firewood is the same way. If a tree is down he doesn’t have to split it. He just has to indicate it is firewood for later use.
Jim McCann: We have a member who was in the process of putting up a Keystone Wall. They have been building that same Keystone Wall for about 11 years and it is not done yet. The keystone is all there and it is for future use.
Ray Garber: In the last ten years we have tried to tackle this problem several times. We sent letters out to people and people were up in arms. One of the problems is, the definition of unkempt properties is unclear. If you were to ask 100 people to go through our community and write down what they felt was unkempt, and you compared the lists, none of them would match.
Donna Murphy: I think we could agree that there are a divergence of opinions of what is unkempt property and what is not but, I think we can all agree and identify at least six properties out here that are unkempt. My question is this, and believe me I have a little bit of History with the Board and your restrictions. We are here to ask “What is it we can do to help to address this problem and are there ways that the board can be more proactive, more assertive, more aggressive dealing with this?” Glenn, you are the one who is hamstrung and has to deal with this problem.
Glenn Dalton: You are right, it is the Staffs job to do that and you are right we are hamstrung on that one sentence, but let the staff do the job. It is not the Boards job to be proactive with this problem unless there is a breakdown. The staff writes fines, we have a hearing committee for appeals and we also have the Board that can be appealed too. If we break that chain and go directly to the Board then there is a breakdown.
Scott Webber: I have been on the Board for about five years and every year Glenn sends out Spring Clean up letters. Glenn and the Staff go out to identify and takes pictures of unkempt properties. Glenn has 100 letters he is going to send out for this year for the Spring Clean up, Glenn, how many people respond positively to those letters?
Glenn Dalton: About 90% do.
Scott Webber: So we are being proactive, then the other 10% get another letter and if they do nothing then the fine process begins. Glenn, how many respond then?
Glenn Dalton: It will boil down to that same six you are talking about.
Scott Webber: The same six is where I am at.
Donna Murphy: We are still looking at the same eye sores!
Scott Webber: I understand that but, from a Board or Association standpoint we can pass every bylaw or rule that you want and those same six people are still not going to do anything so we have to contact Madison County.
Donna Murphy: Glenn’s feeling is he needs a change in the wording of the bylaw. Is that possible? Can we help you in some way to get this done?
Jim McCann: The bylaws allow the membership to change bylaws. There is wording in there for a member to write a bylaw and pass a petition around and get 10% of the members in good standing to sign this petition and submit it for the Annual meeting Agenda to be voted on at the Annual Meeting. This is a bylaw not a rule and as such it must go to the Membership to be voted on. It is not something that this Board can over turn.
Note: This petition needs to be turned in to Secretary 40 days before the Annual meeting of May 21, 2011.
Donna Murphy: As I said before, what is it we can do to help to address this problem? Are there ways to help the Board overcome these obstacles and be more proactive, more assertive, more aggressive dealing with this?” We feel very strongly about this.
Jim McCann: If you feel that strongly about it, put together a Phone Tree and call Madison County Zoning once a week and make a complaint. The Squeaky Wheel gets the oil. It does not have to be Glenn who makes these calls. They may be more apt to respond to registered voters than they are to the Association manager.
Diane Savoca #46: So, we have two Steps we can take for this process? One is to start a Petition to change the bylaws and one is we can call Madison County and register complaints.
Jim McCann: You actually have three. As we stated earlier, there are three Board positions open this year. You can run for the Board of Directors. The Board can make a vote to change a bylaw so if you want to get four of the people you are talking about motivated enough to set up here with the rest of us and bring forth that change to the Annual Meeting that is another way you can do it.
Gerry Theodore 1346: When you were talking about recording the rules are you talking the building and the boating rules too?
Jim McCann: Yes all community instruments.
Jim McCann Motions to adjourn, Ray Garber seconds
Meeting Adjourns at 9:30pm
Minutes submitted by Don Austin Board Secretary and Kellie Crider