Bellevue Landowners Council Approved 10/25/09

Annual General Meeting

October 26, 2008

BOARD MEMBERS/OFFICERS PRESENT: Kay Hayes, President; Dan Weber, Vice President; Philip Croessmann, David Hamilton, Diane Zegel. Kay Hales, treasurer.

COUNCIL MEMBERS PRESENT: Francis Baker, Bob and Nanette Bell, Tommy Bailey for Bellevue Farms, LLC, Keith and Mary Margaret Byergo, Carolyn Westberg-Croessmann, Alison Gillette, Marilyn Haight, Daphne vom Baur, Victoria Harrell, Charles Joseph, Hugh Kasley, Bonnie Kauffman, Bruce Kelleher, James Koehr, Louise Martindale, Chris Parios, Amy Parsons, Carter Refo, Monica Robison, Tom Rudy, Jenny and Leo Schefer, Mike and Kathie Schmidtmann, James and Georgina Spencer, Anna and Bob Touhey, Thomas Valk, Harriet Weber, Sophie Wright, Marcelle Wunderlich.

Kay Hayes called the meeting to order at 2:00p.m.

SECRETARY’S REPORT: As a draft version of the 2007 AGM minutes has been available for months, Kathie Schmidtmann requested to waive a reading of the 2007 AGM minutes. Leo Schefer made a motion to waive reading the minutes and to approve them as written, seconded by Sophie Wright. There being no further discussion, all in favor voted aye. There were no votes in opposition nor abstentions and the motion carried. 2007 AGM minutes were approved as written.

Minutes of the special council meeting held on March 22, 2008, were requested to be approved. Sophie Wright made a motion to waive a reading and approve the minutes as written, seconded by Bruce Kelleher. There being no further discussion, all in favor voted aye. There were no votes in opposition nor abstentions and the motion carried. March 22, 2008, special council meeting minutes were approved as written.

Kay Hayes welcomed new landowners Tom and Cindy Valk, James and Georgina Spencer and Bob and Margaret Seiple.

NOMINATING COMMITTEE: Attached. Dan Weber reported that the 2008 nominating committee consisted of Dan Weber, chair, John Baffa, Cathy Bergman and Keith Byergo. Dan thanked all members for their time and effort. The committee met to select candidates for the board and to make recommendations for the site committee. A number of landowners suggested to the committee declined to be considered. Requests for names were sent out in August and September and an announcement was mailed to all landowners. Nominations would be accepted up until September 21, 2008. The nominating committee put forth the following names for consideration: Kay Hayes, Jenny Schefer, Dan Weber and Sophie Wright for the board. Laura Glennon, Leo Schefer, Daphne vom Baur and Marci Wunderlich for the site committee.

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Kay Hayes reported that David Hamilton will be the chair of the 2009 nominating committee. David reported that the committee members will be Keith Byergo, Liz Casazza, Bob Hunsaker, Jim Koehr, George Robinson and Mike Schmidtmann. The committee will meet in late summer 2009. There was discussion re how committee members were selected. Anna Touhey will be an alternate committee member.

PHOTO CONTEST RESULTS: Attached. Bruce Kelleher reported for Chris Kelleher that 2008 was another successful and fun year for the annual photo contest. There were 40 entries in 10 different categories. There were 8 judges who were members of the Fauquier Viewfinders Photograph Club. The tallies were very close. The 2008 grand prize winner is Gretchen Roberts-Shorter for her black and white photo titled “Tree in Snow”.This photo will be on permanent display at the rec center. This photo was also entered in the Bellevue Beauty category where it took second place. Gretchen also won first place in the Domestic Animals of Bellevue, Unique, Still Life and Floral Beauty categories.

Gordon Rampy took first place in the Wild Animals of Bellevue Category. Nanette Bell took first place in the Bellevue Beauty category with her submission titled “Bell’s View”. Sophie Wright took first place in the Humor category capturing the antics of cats at play. Chris Kelleher took first in the Agricultural Animals of Bellevue and Macro categories.

Honorable mentions are located in a white album which Bruce apologized for forgetting to bring to the meeting. $80 in proceeds will go to the rec. center. Bruce thanked everyone for their submissions and hoped that even more people will participate next year. Bruce also suggested that some of the photos be placed in the gallery section of our web site.

Kay Hayes announced that there will be no discount given for semi or annual payment of dues. The penalty for delinquent dues will remain at $10 per month per assessment.

2008 Annual Report from BLOC President: Kay Hayes reported that” the minutes of monthly meetings will reflect that the Board of Directors has been very busy with many different issues. In review of the record, almost all maintenance and management problems have been resolved. The financial accounts are in excellent order, thanks to the professional expertise of our Treasurer, Kay Hales, and the strong support from the Finance Committee.

One event that has received a great deal of attention is the Board’s decision to take legal action to resolve a violation of our Covenants. This matter is listed as a separate item on the agenda and the update will be addressed by our director Philip Croessmann.

The board of Directors recognizes that the management and administration of the Association’s facilities have often required daily attention and many volunteer hours. Reports from the Committee Chairpersons: Alison Gillette, Nicola Hales, Bruce Kelleher, Monica Robison, Anna Touhey, Dan Weber and Diane Zegel will immediately follow the directors’ remarks. We wish to extend our deepest appreciation and high praise to those individuals on the committees who have given so much of their time to care for our community’s valuable assets and amenities.

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These dedicated individuals have truly made a huge contribution to the high level of our quality of life that we enjoy at Bellevue Farms.

Most of all, I personally want to thank all the directors for their extraordinary dedication to all the extra hours that are required for their tasks as an elected governing body. These people have shown extraordinary leadership skills under some of the most challenging circumstances and at the same time, have displayed the kind of respect and good judgment that is essential to achieving our goals—being sensitive to the needs of the Council members and making decisions in the best interests of our community”.

Phil Croessmann also commented on what a pleasure it has been for him being a member of the board.

TREASURER’S REPORT: Attached. Kay Hales thanked all council members who pay their dues on time. She also reported that the Fauquier Bank has made mistakes in the past crediting dues payments and if anyone has a question regarding their dues, to please contact Kay directly.

All committees have come in at or under budget this year with the exception of roads due to unexpected washout damage. Our reserves are at approximately the same level as last year. Our loan was renegotiated to a lower interest rate. After general discussion David Hamilton made a motion to accept the treasurer’s report which was seconded by Bob Touhey. There being no further discussion, all in favor answered aye, there were none opposed and no abstentions. The motion carried.

COMMITTEE REPORTS:

Site: Attached. Marci Wunderlich reported that several landowners received approval to erect barns, run-in sheds and other capital improvements. The Site Committee sent a letter to each landowner soliciting opinions about the general outdoor lighting situation in Bellevue Farms. The majority of landowners prefer outdoor lighting to be kept to a minimum in order to preserve enjoyment of the night sky and to protect nocturnal wildlife. Marci thanked council members for their cooperation and patience.

Barn: Sophie Wright reported that Nicola Hales has resigned as barn manager. There are currently three people on the equestrian center committee, Betty Steele, Harriet Weber and Sophie Wright. 7 stalls are in use. The stall user and storage agreements are currently being revised. An increase in stall user rates is being considered as well as a reduction in term length. Increased user rates would go toward paddock maintenance which would become BLOC’s responsibility. The rings were sprayed for weeds twice this year and were dragged several times. Sophie also thanked Dan Weber, Bob Touhey and Amy Parsons for all their help.

Finance: Dan Weber reported that liens have been filed against Eisele, Fairbanks and Suter for 2008 assessments. We are in the process of preparing a lien against Gore. Suter filed Chapter 11 bankruptcy in August 2007 and our lawyers are monitoring that. The Suter property has been foreclosed and the Federal National Mortgage Association is the new owner. In addition to liens we are considering filing suit against several landowners to obtain a civil judgment which will allow us to garnish wages and bank accounts.

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Newsletter: Sophie Wright thanked all landowners who get the newsletter by email. 32 receive it by general mail. YTD expense for 3 newsletters is $115 and Sophie anticipates the 4th one costing less than $40.

Ponds: Alison Gillette reported that we have the same contractor as last year for beaver control. Alison hopes to be able to clear vegetation from a couple of dams in the next few months. David Hamilton reported that they received an estimate of over $10,000 to clear vegetation from 2 dams. The community needs volunteers to help get the job done.

Recreation Center/Pool: Monica Robison reported that the repairs to the skimmers should be started shortly. She also thanked Marilyn Haight for all her help and asked for a volunteer to bush hog one last time before the end of the year.

Roads: Attached. Bruce Kelleher thanked road committee members Fred Mitchell, Chris Parios, Jim Sutherland and Suzanne Sutherland for all their help this year. “Private Road, No Trespassing, Bellevue Farms Residents or Guests Only” signs were posted at each of the Bellevue Farms road entrances. Bruce and Dan Weber, with the use of Dan’s tractor and post hole digger placed signs at 9 of the 10 points of entry. The placement of the sign at Hill Top Lane was postponed due to a resident’s concern regarding the location of the sign. That issue has been resolved and the sign will be placed at that entrance in the very near future.

The roads committee continued with the 5 year plan that was adopted by the council in 2004. 2008 was year 5 of the plan which called for continued addition of gravel to the roads and maintenance of the paved surfaces. 30 truckloads of gravel were added to the most needy areas and all gravel roads were graded and rolled in April. The “Flood of 2008” caused unexpected storm damage that totaled $5563 to repair. There is approximately $1200 left in the FY08 roads budget.

Repair of potholes and deteriorated sections of paved road surfaces remains for 2008. Quotes have been obtained for the most critical work and a proposal has been submitted to the Board of Directors for a $4200 supplement to the FY08 road budget. The board will consider this proposal at the November meeting. There were questions from the floor concerning general road maintenance issues.

Social: Anna Touhey reported that several social events were held this year and refreshments were provided at the AGM. Anna thanked Marilyn Haight, Bonnie Kauffman and Nanette Bell for their help at the various events.

Trails: Diane Zegel reported that the trail map has been updated and small copies of the trail map are available at the AGM. Large copies of the map are available for $10. She also reported that the trails were mowed three times this year, spring cutback was completed and fall cutback is currently under way.

NEW BUSINESS: Election of 2 members to the Board of Directors and 3 members to the Site Committee. The nominating committee nominated Kay Hayes, Jennifer Schefer, Dan Weber and Sophie Wright for the board. The nominating committee recommended and the BLOC board

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nominated Laura Glennon, Leo Schefer, Daphne vom Baur and Marcelle Wunderlich for the site committee. There were no nominations from the floor.

Candidates for the board spoke on why they were running and answered questions from the floor. After many questions Carter Refo made a motion to take the vote and move on to the site committee candidates. Hugh Kasley seconded. All in favor voted aye. 3 were opposed, no abstentions. Motion carried.

Laura Glennon was not present at the meeting. Leo Schefer, Daphne vom Baur and Marci Wunderlich spoke on why they were running and answered questions from the floor.

Votes were cast and counted. The results for the board were: Dan Weber, 59 votes; Kay Hayes, 53 votes; Jennifer Schefer, 32 votes; Sophie Wright, 28 votes.

The results for the site committee were: Marci Wunderlich, 82 votes; Daphne vom Baur, 74 votes; Laura Glennon, 55 votes; Leo Schefer, 35 votes.

Kay Hayes and Dan Weber were elected to the board of directors. Laura Glennon, Daphne vom Baur and Marci Wunderlich were elected to the site committee.

Jim Koehr and Monica Robison served as ballot counters. Jim Koehr reported that 87 ballots were cast and 1 was blank.

OLD BUSINESS: Phil Croessmann spoke about the enforcement lawsuit. Phil gave a brief history of the legal issues involved. The main points Phil made were:

·  In 2004 the site committee denied the on-site retail sale of wine at the Marterella winery. The Marterellas appealed that decision to the board of directors and the board upheld the site committee decision.