MINUTES OF THE MONTHLY BOARD MEETING

SECTOR 2A AT SNOHOMISH CASCADE ASSOCIATION

7:00 PM WEDNESDAY  FEBRUARY 9, 2005

 

CALL TO ORDER / APPROVAL OF MINUTES

  1. Tim Rizzo called the meeting to order at 7:04 pm.  Present were board members and committee chairpersons Tim Rizzo, Jen Stout, Steve Yandl, John Patterson, Betty Malowney, Bill Malowney and Bill Steenis.  Homeowners Les Ostermeir and Ron Lee were present to discuss positions with the Architectural Control Committee.  Homeowners Kelly Sooter and Lillian Kaufer were present as observers.  Our landscape contractor, Brian Skinner was present to speak to the group.
  2. Steve Yandl informed the group that there had been no changes to the copies of the January minutes that were emailed to each officer and director and also posted at the web site.  He asked if there were any objections to waiving a formal reading and there were none.  John Patterson made a motion to accept the January minutes, Jen Stout seconded and the motion carried 6 – 0.

SKINNER LANDSCAPING REPORT

  1. Brian Skinner informed us that our current contract with his company runs through the end of the calendar year.  This was a three year contract.  He suggested establishing a one year contract to go forward.
  2. Brian recapped some of the extra services built into our current arrangement which he proposes continuing.
  • Repairs as necessary on multi-zone sprinkler system that includes 630 sprinkler heads.  The system is blown out annually as part of the deal.
  • Annual aeration on common area turf (just completed for this year).
  • Weeding and other maintenance on two bark covered walking trails.
  • Five applications of fertilizer per year on common areas.
  • Clearing and cleaning around the two storm water detention ponds and keeping the access lanes clear.
  1. The only proposed change on the contract would be an increase in our cost of 3-4%.  Copies of the new contract proposal were provided all officers and directors for review.  Bill Malowney will be doing a detailed comparison with our current contract to make sure all elements are covered.
  2. John Patterson suggested we review the possibility of putting a 6’x 6’ patch of asphalt at the ends of the gravel path that covers the water company easement and runs between phase 3 lots 82 and 83.  The purpose would be to limit the amount of gravel pushed onto sidewalk and roadway between sweepings done by Skinner’s crew and various adjacent neighbors.  We need to check if this small change would be acceptable to the water company.
  3. Skinner thanked the Association for the gratuities provided his crew for the holidays.  He said it clearly increased their enthusiasm for working in our neighborhood.
  4. Skinner indicated that they are beginning the process of top dressing and general field repair of the ball field.  He asked that we restrict access until March 1 to give the repairs a better chance of taking hold.

UNFINISHED BUSINESS

New chairperson for the Architectural Control Committee

  1. Les Ostermeir provided some background information on himself and expressed his interest in taking over as chairperson of the Architectural Control Committee or participating in Association business in other areas where we might have needs.
  2. Ron Lee also expressed interest in the position of ACC chairperson.  Unlike Les, Ron didn’t feel it was important to also be a voting member of the board of directors should he be selected to do the chairperson job.
  3. There was brief discussion of the possibility of dividing the functions of Architectural Control Committee (plan and variance approval) and CC&R enforcement to allow separate committees.  Ron felt the two functions should remain combined as they are now to limit confusion, if and when letters were sent out on violations.
  4. Ron felt strongly that the committee chairperson should be autonomous with little intervention by the board of directors except if a homeowner opted to appeal a decision of the Architectural Control Committee.  The board members indicated they had little interest in being involved in routine ACC matters but it seemed quite practical to gain board consensus prior to executing any action in what might be considered one of the “gray” areas.
  5. John Patterson shared some of the history of the job and how it has evolved since he took it over from Mike Summitt.  He explained that he got away from weekly drive through inspections and tried to limit actions to those necessitated by actual complaints from residents.  He also explained that he had gotten to the point where he stuck to certified letters in nearly all cases because so many times his attempts to converse with offenders ended in failure and just delayed any ultimate resolution of the issues.
  6. Tim Rizzo pointed out that there are numerous areas where there are differences of opinion regarding enforcement of the rules.  We can bend and adjust, so long as the best interests of the majority are kept in mind and we don’t allow standards to decay and property values to decrease.  The one absolute reference that we do have as a tool are the CC&Rs since everyone who lives here accepted them by signing a contract that is legally binding (whether or not the homeowner read and understood them).
  7. The board asked Les and Ron to consider the possibility of being co-chairpersons of the Architectural Control Committee with Bill and Betty Malowney remaining as committee members.  They will be given a chance to consider and the board will vote on the matter at the March meeting.  Note:  Ron declined on Feb 10.  Les will assume the job effective Mar 1.

OFF AGENDA – DISCUSSION OF CC&R ENFORCEMENT

  1. Homeowner Kelly Sooter expressed concern that the board was escalating enforcement of rules and regulations.  She felt that the CC&Rs were for the big stuff (homeowner Lillian Kaufer provided the example of clotheslines being a big item) but not what she considered small stuff like a little clover in lawns or home businesses.
  2. Kelly paraphrased comments from a realtor friend who was not named saying that if we were actually going to enforce all the CC&Rs, realtors would be obligated under laws on ‘informed consent’ to let people know before moving in that we actually expected the CC&Rs to be complied with.  Kelly felt that this would make us more like Mill Creek, limit the potential pool of buyers and decrease property values.  Various board members responded that enforcement of the CC&Rs increased property values and that Mill Creek homes are generally higher values than Gold Creek homes.  Several close by neighborhoods where CC&Rs are either not enforced consistently or don’t exist were used as examples of the negative impact to both values and quality of life.
  3. Lillian Kaufer wanted to discuss the issue of her home business which has generated complaints to the board and been discussed at several recent board meetings.  The variance letter on file with the Architectural Control Committee came from Leavitt Companies on 6/12/1998 and approval was given based on the expectation of two Costco deliveries per month.  They currently don’t use Costco.  Lillian stated that she has a more recent letter of approval approximately three years old, based on the updated expectation of three deliveries per week which Lillian assured the board are only five minutes in duration and always during school hours so normal vehicle and pedestrian traffic would be expected to be low.  Lillian assured John Patterson that she would provide him with a copy of that more recent letter since it doesn’t match what he has on file in the records sent to the association by Leavitt.
  4. Homeowners Lillian Kaufer and Kelly Sooter both felt that the newsletter was fostering anxiety and causing many residents a great deal of unhappiness.  They made numerous references to discussions at Bunco, where according to them the Bunco groups feel the board is getting far too heavy handed.  Kelly also suggested that we should do surveys several times a year to get feedback on how the board is doing so we have more realistic ideas on what people want.
  5. Board members responded that while there is nothing wrong with discussions of neighborhood business at Bunco, it would be far more productive if these same people came to the annual meeting of the Association in spring.  We do hand out surveys asking how we’re doing at the big meetings but out of 247 residents, we generally get fewer than 20 people attending and 10-14 of those are board members and their spouses.  We also ask for feedback on budget ratification ballots and election ballots for board members.  When we request written feedback, we average half a dozen comments returned.  The comments that come back either favor stricter enforcement of CC&Rs or they tell us we’re doing great  We do get some great suggestions for change but never any suggestions to go lighter on enforcement of CC&Rs.
  6. Tim Rizzo asked Kelly and Lillian to consider submitting letters or articles for the newsletter or other input that might help the board formulate a fair and non threatening action plan for dealing with the home business issue.
  7. Steve Yandl pointed out that if a homeowner with a home business was ever sued by someone claiming that the business activity was lowering the value of their home, the board would not generate a permission letter after the fact to protect the home business owner.  The burden for the business owner is to acquire the permission that is required by the CC&Rs.  Obviously, if the business activity does nothing that is a detriment to the neighborhood, the homeowner has nothing to worry about but if there is any question at all, the homeowner would be smart to get the letter sooner rather than later.  Steve pointed out that this requirement has been accurately detailed in numerous issues of the newsletter although it is clear that it has either not been read or misread by some.

ARCHITECTURAL CONTROL COMMITTEE REPORT

1.      John Patterson reminded the group that we were all to have checked out the yard of Duane Oord so we could rule on the appeal Duane presented last month.  John did a roll call vote of all officers and directors.  Frustration was expressed over the communication delays Duane appeared to have orchestrated but unanimously voted that the yard currently meets standards and fines should not be imposed.  John will send Duane a letter informing him of the decision.

MAINTENANCE COMMITTEE REPORT

1.      Bill Malowney reports that he is on budget.

2.      Bill reported that on Saturday the 19th the Little League would be at the ball field to apply top dressing to the infield of our baseball field.  This is different than the top dressing Skinner Landscaping is now doing on the outfield turf.

3.      Jen Stout commented that so far she is getting good cooperation on reservation issues with the League as well as the church group setting up reservations.

4.      Bill committed to the Little League that while they have the portable toilet in place and being serviced each week, the Association would collect a percentage share of the cost based on days used by other organizations and transfer the collected funds back to Little League in return for the use of their leased toilet.

5.      Bill asked Steve Yandl to place a newsletter notice advising everyone that the field would be off limits on Fridays from noon to 4 pm.  He has arranged for Skinner’s crews to do field maintenance in that time frame feeling that would inconvenience the fewest potential users.  It wastes too much time if the landscape crew has to argue with people to clear the field so they can do their jobs safely and efficiently.

6.      Bill reminded the board that we had approved acquiring second garbage cans for both play areas.  The problem is that Waste Management wants to impose a collection charge for no less than a 12 month cycle and our heavy use is only three to four months in spring and summer.  Rather than waste funds, Bill is encouraging the Little League and other organized groups to haul away their own trash which would leave the garbage capacity for homeowners using the play areas.

7.      Bill reported that Tim Rizzo had taken care of getting the locking mail box on 158th St near 67th Drive repaired.

8.      Bill plans to review Brian Skinner’s contract proposal to make sure all the extras built into the current agreement are still present.  Bill’s preference would be to send the proposal back to Brian and ask for a two year proposal rather than one so we can avoid multiple price bumps.  It would be preferable to pay a bit more of an increase right away and avoid potential surprises in the next year.

9.      Tim Rizzo requested that Bill put his analysis of the contract in writing so it could be attached to next month’s minutes after any vote taken.  The proposed increase is completely reasonable and Skinner has delivered an excellent value relative to what our neighboring associations are getting from their landscapers but we still need to make certain we’re getting an excellent deal if the decision is to renew the contract without putting the business out to bid.  There is a high cost to making change and we’re very happy with Skinner’s performance in general but we still plan to make sure nothing is taken for granted.

10. Bill indicated that while attending a Parks Dept. meeting, he was made aware of the availability of grant money from Starbucks to homeowner associations in Washington for the purpose of improving athletic fields.  Grants might be as much as $15k per association and were not available to municipalities or counties.  Bill is checking it out and will try to get us in contention so we might construct dugouts or make other improvements to the ball field.

TREASURER’S REPORTS

1.      Sue Ann Goldman was unable to attend but she did provide a set of financial reports that should be considered part of these minutes.

2.      Steve Yandl reported that thus far, 162 payments for annual assessments (about two thirds of all homeowners) have been received with 130 of those including a ballot for budget ratification.  Thus far, the budget vote is 122 yes and 8 no.

NEW BUSINESS

1.      Steve Yandl made the motion that we accept Sue Ann Goldman’s resignation from the board, replace her with Amy Key who is willing and qualified to do the Treasurer’s job but that Sue Ann retain the job of bookkeeper until records can be transferred to Amy.  Tim Rizzo seconded the motion and it carried 6 – 0.

2.      Bill Steenis agreed to take the lead in putting together his yard of merit concept and to try and have it in place by spring.  He will be working on judging criteria for us to use in judging the winners.

MEETING ADJOURNED AT 9:30 PM