Misty Meadows Property Owners Association, Inc.

126 White Tail Crossing, Augusta WV 26704

Annual Meeting Minutes

Sunday June 6, 2010

Please Note: The recorder malfunctioned during the meeting so these minutes have been prepared by Bill Yaglou for your review.

  1. President’s Welcome
  2. The meeting was called to order at 1:06 pm by William Yaglou.
  3. Roll Call and Determination of Quorum
  4. Roll call was taken and with the mailed in proxy’s a quorum is present for the meeting to continue.
  5. Secretary’s Report
  6. A review of the 2009 meeting minutes was conducted and no changes or admissions were presented and the minutes were unanimously accepted.
  7. Treasurers Report
  8. Bill Yaglou presented the Treasurers report and started by thanking Ann Dwyer for all of her outstanding service to MMPHOA as treasurer and past officer and Jim Dwyer for his past service on the Road Committee and most recently in serving as Chair. The roads have never looked better. Bill went on to introduce the Kennedy’s who moved into the Dryers house and told Mr. Kennedy that he had big shoes to fill.
  9. Bill presented the MMPOA financial status as of April 30th.

  • Overall we our revenues are lower because of non payment of dues. The Road committee has done a great job in keeping our cost for grading and road repair and the Gate committee (Paul) saved us a great deal with repairing the gate camera system. Our highest unexpected cost was in snow removal because of the excessive snow that we had over the winter.
  • Audit Report: an audit of the books was conducted by Ted Grolimund (Chair), Carla Yaglou and Bill Yaglou sat in as the ex-officio member. Ted’s written report was read to the Association with the following observations and conclusions:

-In reviewing the MMPOA expense report for the period of June 2009 through April 2010, we found that the expense report was free of material errors and misstatements and reasonable supported. The audit resulted in only one error amounting to a $2.00 overpayment

-The committee recommends to the Association to move from a monthly reconsolidation process (matching expenses to the period when service(s) actually performed) to a cash accounting bases mythology. The reason for this is because the rate of errors is higher when the treasurer tries to account for invoices or reimbursements when the work was accomplished vs. when the invoice was paid.

-A vote was taken and unanimously passed moving our accounting to a “cash bases” effective in the new fiscal year.

-The second recommendation of the Audit Committee was to budget for a Financial Reporting Software to assist the Treasure and Audit Committee in managing the Associations finances. Note this item was placed on the 2010-11 Budget and will be voted on during new business.

  • Bill reminded all members pay their dues today.
  1. Committee Reports
  2. Road Committee Report
  3. A copy of the Road Committee’s PowerPoint presentation can be found on the Misty Meadows web-site for your review and the following is the summary of Denny’s report:

-Denny expressed thanks to those who helped at the Community Day where mowing, ditch and culverts were cleaned and a number of other items were accomplished. Many hands do make a difference and even thought it is imposable for all of us to make it to work together at the community day we appreciate all that show up. If you could not be at the community day we ask that you work on your own and police your road area or spend some time at the common area filling in potholes, picking up trash, cutting brush etc.

-Denny reported on the road condition stating that they remained safe and passable throughout the past year. He went on to lead a discussion as to how much work the members wanted the Road Committee to do each year when it comes to grading, mowing and spreading of stone.

Overall the membership expressed great satisfaction with the Road Committee efforts and gave the following guidance to the Road Committee:

-If the people won’t mow the side of the road that is at their lot(s) then the Road Committee needs to mow.

-Roadside moving must be completed at least one per year and more often as the Road Committee sees fit depending upon the conditions.

-The Common area should be mowed at least twice per year and more often as the Road Committee sees fit depending upon the conditions.

-The entrance area needs to be mowed on a regular basis throughout the summer to keep the area clean.

-The membership noted that the grading has seemed to reduce the amount of stone that needs to be purchased each year and the roads have stayed in good shape. The advice given to the Road Committee was to keep up with the same pace.

-Stoning of the roads should be completed twice per year if needed in the May-June and November-December time line. All agreed that more attention should be given to the main road and the side roads should be coved when needed and if there is money in the budget.

-Denny went on to list the planned activities for next year that included grading, pothole filling, weed spraying culvert and ditch cleaning, etc.

-The Road Committee proposed no changes in the reimbursement and wage scale for FY 2011. The members votedunanimously to keep the reimbursement and wage scale the same as last year.

-This year the Road Committee is willing to spray owners driveway for a fee

  • The fee will be $15 at a minimum but will increase depending on the size of the area to be sprayed
  • Lot Owners will be responsible to mow and mark the area to be sprayed
  • MMPOA is not responsible for any overspray or damage to any plant life.
  • Spraying will only be done when the road sides are being sprayed so please contact Denny Earling.

-Bill presented a draft change to the Snow Removal Policy addressing driveway plowing and the depositing of snow on the road or other lot owners land. The Proposed Snow Removal Policy was handed, read and discussed. One change was made to the top of page two were the words: “the President or” as added so the new sentence reads: Should you have any questions please contact the President or a Road Committee Member. After this change the motion was passed unanimously. Please see the full Snow Removal Policy on the web-site.

  • Gate Committee Report

-Bill reported on behalf of the Gate committee and started by thanking Paul Sherman for solving the recorder issues and saving the association hundreds of dollars.

-A reminder was made NOT to drive through the open gate… you don’t know how long it has been open and it could close on your car at any time.

-Bill also presented the facts about an “SOS” siren-operated sensor system for the gate. Dolores Earling gathered information, which was passed around the meeting to the members about the SOS system. The system works by automatically opening the gate 2.5 seconds after a “yelp” siren is sounded. Dolores researched this option after one of the firefighters pushed the gate open and ruined the arm on his way to a structure fire in the subdivision.

-The merits of the system were discussed and Bill reported that he did review the system with the Augusta Fire Department to get their thoughts. After the firefighters discussed it they recommended that MMPOA not purchase the system because so few firefighters have sirens in their cars. The fire department also asked that some training materials be sent to them to review in one of their meetings to inform the firefighters how to gain access into Misty Meadows without damaging the gate.

-Members asked how often has this been an issue in the past and the answer was this was the first incident with and emergency department since the gate was installed. The members voted not to purchase the SOS system at this time.

  • Sign Committee Report

-Dolores Earling’s written report was read to the members

  • The Augusta area is close to being completed with the 911 Road Naming and Addressing project
  • Their first phase was to verify all of the road names and address
  • The second phase of the addressing process is about to begin

The Augusta Post Master will notify everyone in the County of their new address and this effort should be completed by the end of the year.

  • Anyone wanting more information can contact Mr. Louden at 304-822-7513
  • Web-Site Committee Report
  • There was no report given, just the request for more help in serving on the Web-Site Committee
  1. Old Business
  2. Bill reported that the Special Projects fund had a balance of $3,109.24. The members discussed the establishment of a committee to provide recommendations to the membership at the 2011 annual meeting for improvements to the common area.
  1. New Business
  2. The following budget was proposed and discussed
  • There were some questions but the members votedunanimously to approve the FY2010-11 budget as presented.
  • Bill reported that he had contacted a lawyer to ask for their help in placing leans on owners that have not paid their dues in two years. The lawyer told Bill that he could do it himself and told him where to go for help. Bill was able to place a lean on a prosperity that had not paid their dues for three years. He asked for interest and court costs. Bill reported that he took on the responsibility of representing MMPOA as President and asked the membership to allow him to continue to follow through on this lean even after his term expires. The members votedunanimously to allow Bill to continue to represent the association in the collection of the lean. PLEASE NOTE: the lean has been fully collected at the printing time of these minutes but not before the annual meeting so at this time there are no HOA fee leans.
  • As required by the by-laws, the motion to raise the homeowner fees was placed on the agenda. There was some discussion and the Board of Directors recommended to the membership not to increase the fees at this time. The members votedunanimously not to raise the homeowner fees at this time.
  • Election of Officers
  • President: John Snyderwas nominated and unanimously voted John in as President for a two year term (June 1, 2010- May 31, 2012)
  • Treasurer: Bill Yaglou was nominated and expressed his concern that he does not live at misty Meadows and if elected he would have to work with the Vice President in writing checks because she live in the community. The members understood the need and unanimously voted Bill in as Treasurer for a two year term (June 1, 2010- May 31, 2012)
  • Member at Large: Lynn Reichhardt was nominated and unanimously voted in as Member at large for a one year term (June 1, 2010- May 31, 2011)
  • Association Covenants
  • A discussion about the enforcement of the covenants transpired and Bill explained that the Covenants and By-Laws are silent about the enforcement of covenants. There are no previsions to fine or demand remedy without having to hire a lawyer and go to court to ask for an injunction. There is risk if we lose with the chance that the judge will require MMPOA to pay both sets of legal fees. This however does not mean that the association should just let anything go on in the subdivision. If the Officers or members feel that an issue required legal action than additional funds will have to be earmarked for legal fees and the process can continue. To date we have not had to take those steps because most owners respect the covenants and their neighbors.
  • Other New Business
  • Dolores Earling reported through a note that she had contacted Mr. Knotts, Assistant District Engineer of the Department of Transportation about the possibility to extending the apron at the entrance for safety reasons. Mr. Knotts reported that he would pull the records and have someone check the site to see if the blacktop should be extended.
  • Bill or Denny will show anyone who needs to review how to open the gate in case of an emergency or how to take the gate out of service after the meeting.
  • Any owner who is interested in getting their driveway sprayed needs to meet with Denny after the meeting and pay the association in advance of the spraying.
  • It was requested that the meeting begin earlier on Sunday morning at 11 am so people can leave before 3:30 or 4pm in the afternoon. It was noted that some people have a longer drive.
  1. Adjournment
  2. The meeting was adjourned and the next annual meeting is scheduled for Sunday June 5th at 11 am.