August 12, 2017
Mt. Index Riversites Community Club, Inc.
Board of Directors meeting
Board members present: Mark Bollman, Carrie Byrne, Brent Corey, Rebecca Davis, Kathleen EckartLove, Patty Harbaugh, CJ Holmes, Gary Johnson, David MacFarlane, Mat Williams, Earl Van Buskirk
Absent: Mark Haenlein, Don Larsen
Owners and guests:
Dan Harrison, John Sharf, Ellie Anderson, Zach & Meggie Moeller, Ron Skinner, Meli Del Valle
Committee Reports and Information
Executive Committee
Mark Bollman reported that the most significant thing the committee worked on this month was the hearing on Thursday that Earl Van Buskirk will report on later in the meeting.
Budget & Finance
Earl Van Buskirk shared the financial report for July. These were the highlights:
Mark Bollman commented that another dozen checks have been received in the mail and will be sent to the accountant.
Mat Williams inquired about an equipment purchase in July for $1,153 in A-Section; it is believed it is actually a maintenance expense that will get properly reclassified.
Collections
Earl Van Buskirk provided an update on the following Collections cases:
For Lahey Russek, we haven’t gotten money from the sheriff sale yet. We should have about $10k coming in for that.
We are about cleaned up on the Manley case. We received about $4900 from Manley reimbursement payment for attorney fees. It’s more than what he would have owed for the bridge for four years. He also had attorney’s fees – his own plus what he had to pay for MIRCC assessments.
On Thursday, MIRCC was granted a summary judgment on Mike Kelly. There’s also a full judgment on him. We have the right to foreclose on his property and the right to go after him to clear up his debt on assessments and our attorney fees.
The judgment has been signed by the Judge and we will receive a conforming copy from the court. This should come at the beginning of the week. A-Section assessments for Kelly have been ~$300-400 annually. Kelly owed about $4k in past assessments. He’s going to be paying between $15k and $20k when it’s all said and done for attorney fees, though it will take some time to go through the collections process to receive the money.
Six people were at the courthouse in support of MIRCC at the Kelly hearing.
Mat Williams said the most important thing he heard was the judge telling Kelly’s attorney that if he ruled in favor of any of Kelly’s complaints, he would in essence be going against any past ruling made by Judge Wynne. The judge further said that MIRCC has done everything they were supposed to do in terms of the decree.
Bekka Davis said she was listening for the debate over who owned the road.
Van Buskirk explained that the current judge confirmed the previous judge’s ruling that MIRCC owns the road. The current judge said that unless someone brings evidence that MIRCC does not own the road, he wouldn’t even consider that challenge. Van Buskirk said that MIRCC’s attorney asserted that MIRCC owns the road.
Van Buskirk also recapped that the judge stated that he’d reviewed MIRCC’s attorney fees and that they seemed reasonable. Board attendees were told that MIRCC would come out whole—meaning Kelly will have to pay MIRCC’s attorney’s fees.
Patty Harbaugh added that the judge focused on the basics and ruled on that basis. She was impressed by how he did not get sidetracked.
Mark Bollman said that after the meeting adjourns today, the Board will sit with him and Van Buskirk to review the next potential foreclosures.
Legal/Ethics/Bylaws
Gary Johnson said there was no update.
E-Section Roads
Dave MacFarlane reported that the roads are awfully dusty, but that when there is enough rain, he will get Paul Hery out to grade the roads.
MacFarlane shared that there is a long-range projection that we are not going to get the snow we got last year. Based on these forecasts, he does not anticipate a lot of snow plowing this year.
Canyon Falls to Highway 2 Roads
Earl Van Buskirk said the gate is working fine.
Mark Bollman said he and Paul Hery fixed a broken arm at the gate and put up jersey barriers.
Kathleen EckartLove asked about the cause of the broken gate arm.
Bollman said that based on the gate video, it’s obvious that Kayla Alcorn was the driver. She stayed in the car, but two anonymous friends got out of the car and bent back the gate arm.
Mat Williams asked if Paul Hery can get footage to submit to the deputy for prosecution.
Bollman concluded that sometimes we’re the victim of anonymous people who damage the gate.
A-Section and USFS 6020 Roads
Mat Wiliams reported that considering how many dry days we’ve had, the roads are in good shape. The road is rutted coming up from Route 2, where Lake Serene hikers tend to spin their tires. But compared to last year, we’re way ahead. As soon as we get any moisture, we’ll be out there taking care of issues on the road.
Priority Business
July Meeting Minutes
Bekka Davis: “Move to approve the July meeting minutes.”
Approved: Yes – 8; Abstained – 1 (EckartLove was absent from the July meeting.)
July Expenditures
Earl Van Buskirk: “Move to approve the Check Detail report for July expenditures.”
Approved: Unanimous
Invoices detail
Charges and Invoices to be paid:
A-Section Checks:
E-Section Checks:
New Business
Revised Gate Policies & Procedures
The new policies and procedures document provides a universal policy for managing gates in both A-Section and E-Section. The document was circulated via email among all Board members prior to the meeting and refined based on input.
Carrie Byrne summarized key points in the updated document, which had formerly been used for the green gate in E-Section. These are the highlights:
Approved: Unanimous
MIRCC Impound Policies & Procedures
Mark Bollman introduced the impound policies and procedures as a way to codify the towing and impound practices currently used by Mark Haenlein and Paul Hery. He said he would like to see the policy officially adopted by the Board and posted on the web.
Mark Bollman: “Move to approve Impound Policies & Procedures and post on the web site.”
Approved: Unanimous
Discussion Topics
CJ Holmes inquired about the burn ban with Ernie Walters from the Index Fire Department. Ernie said that propane stoves are the only source of fire to be used outdoors at this time.
Bekka Davis asked if we should call the fire department if we see campfires.
Ernie confirmed with a yes, it’s the fire department’s job to respond to reports. The burn ban was initiated because of air quality.
Closing Remarks: Summer Board Meeting Schedule
The next Board meeting is September 9.
Respectfully submitted by
Bekka Davis & Carrie Byrne
MIRCC Secretary & Treasurer
Absent: Mark Haenlein, Don Larsen
Owners and guests:
Dan Harrison, John Sharf, Ellie Anderson, Zach & Meggie Moeller, Ron Skinner, Meli Del Valle
Committee Reports and Information
Executive Committee
Mark Bollman reported that the most significant thing the committee worked on this month was the hearing on Thursday that Earl Van Buskirk will report on later in the meeting.
Budget & Finance
Earl Van Buskirk shared the financial report for July. These were the highlights:
- To date, A-Section has a collection rate of 63% and E-Section has a collection rate of 72%; the target is 80%.
- Compared to the same time last year, E-Section has collected $11,978 more in assessments; A-Section has collected $4,520 more.
- For E-Section, expenses to date are as follows:
- $7702 for roads
- $1448 for bridge
- $9858 for administration.
- For A-Section, expenses to date are as follows:
- $2743 for roads
- $6155 for administration.
- Expenses to date are less than last year at this time.
- Total checking account balance is $143,922.
- There are undeposited funds of $27,918 that will get to the bank this week.
- We have $52,570 more in cash assets at this time as compared to last year.
- A-Section’s fixed assets total about $10k and include the road grader, snow plow, and roller.
- Liabilities for the bridge in E-Section are at $51,344 to Acrow for the bridge loan; $34,250 remains to be paid for owner loans.
- In July, A-Section collected $5,890; $93,066 are in arrears.
- In July, E-Section collected $19,063 in July; $220,540 are in arrears.
Mark Bollman commented that another dozen checks have been received in the mail and will be sent to the accountant.
Mat Williams inquired about an equipment purchase in July for $1,153 in A-Section; it is believed it is actually a maintenance expense that will get properly reclassified.
Collections
Earl Van Buskirk provided an update on the following Collections cases:
For Lahey Russek, we haven’t gotten money from the sheriff sale yet. We should have about $10k coming in for that.
We are about cleaned up on the Manley case. We received about $4900 from Manley reimbursement payment for attorney fees. It’s more than what he would have owed for the bridge for four years. He also had attorney’s fees – his own plus what he had to pay for MIRCC assessments.
On Thursday, MIRCC was granted a summary judgment on Mike Kelly. There’s also a full judgment on him. We have the right to foreclose on his property and the right to go after him to clear up his debt on assessments and our attorney fees.
The judgment has been signed by the Judge and we will receive a conforming copy from the court. This should come at the beginning of the week. A-Section assessments for Kelly have been ~$300-400 annually. Kelly owed about $4k in past assessments. He’s going to be paying between $15k and $20k when it’s all said and done for attorney fees, though it will take some time to go through the collections process to receive the money.
Six people were at the courthouse in support of MIRCC at the Kelly hearing.
Mat Williams said the most important thing he heard was the judge telling Kelly’s attorney that if he ruled in favor of any of Kelly’s complaints, he would in essence be going against any past ruling made by Judge Wynne. The judge further said that MIRCC has done everything they were supposed to do in terms of the decree.
Bekka Davis said she was listening for the debate over who owned the road.
Van Buskirk explained that the current judge confirmed the previous judge’s ruling that MIRCC owns the road. The current judge said that unless someone brings evidence that MIRCC does not own the road, he wouldn’t even consider that challenge. Van Buskirk said that MIRCC’s attorney asserted that MIRCC owns the road.
Van Buskirk also recapped that the judge stated that he’d reviewed MIRCC’s attorney fees and that they seemed reasonable. Board attendees were told that MIRCC would come out whole—meaning Kelly will have to pay MIRCC’s attorney’s fees.
Patty Harbaugh added that the judge focused on the basics and ruled on that basis. She was impressed by how he did not get sidetracked.
Mark Bollman said that after the meeting adjourns today, the Board will sit with him and Van Buskirk to review the next potential foreclosures.
Legal/Ethics/Bylaws
Gary Johnson said there was no update.
E-Section Roads
Dave MacFarlane reported that the roads are awfully dusty, but that when there is enough rain, he will get Paul Hery out to grade the roads.
MacFarlane shared that there is a long-range projection that we are not going to get the snow we got last year. Based on these forecasts, he does not anticipate a lot of snow plowing this year.
Canyon Falls to Highway 2 Roads
Earl Van Buskirk said the gate is working fine.
Mark Bollman said he and Paul Hery fixed a broken arm at the gate and put up jersey barriers.
Kathleen EckartLove asked about the cause of the broken gate arm.
Bollman said that based on the gate video, it’s obvious that Kayla Alcorn was the driver. She stayed in the car, but two anonymous friends got out of the car and bent back the gate arm.
Mat Williams asked if Paul Hery can get footage to submit to the deputy for prosecution.
Bollman concluded that sometimes we’re the victim of anonymous people who damage the gate.
A-Section and USFS 6020 Roads
Mat Wiliams reported that considering how many dry days we’ve had, the roads are in good shape. The road is rutted coming up from Route 2, where Lake Serene hikers tend to spin their tires. But compared to last year, we’re way ahead. As soon as we get any moisture, we’ll be out there taking care of issues on the road.
Priority Business
July Meeting Minutes
Bekka Davis: “Move to approve the July meeting minutes.”
Approved: Yes – 8; Abstained – 1 (EckartLove was absent from the July meeting.)
July Expenditures
Earl Van Buskirk: “Move to approve the Check Detail report for July expenditures.”
Approved: Unanimous
Invoices detail
Charges and Invoices to be paid:
A-Section Checks:
- $108.00 – SLK Accounting Services (accounting services)
E-Section Checks:
- $192.00 – SLK Accounting Services (accounting services)
- $3505.62 – Owners’ bridge loan payments
- $4736.17 – Acrow Corporation (bridge loan)
New Business
Revised Gate Policies & Procedures
The new policies and procedures document provides a universal policy for managing gates in both A-Section and E-Section. The document was circulated via email among all Board members prior to the meeting and refined based on input.
Carrie Byrne summarized key points in the updated document, which had formerly been used for the green gate in E-Section. These are the highlights:
- There are two types of access devices available—clickers and keypad codes.
- All keypad codes are temporary.
- For new owners, the first clicker is free and the second is $50 to offset costs.
- Gate access is not a means of assessment collections.
- The document outlines policies and procedures for operational gates; the Sunset Falls gate is defined as a gate within MIRCC roadways although it is not operational until funding is available for road maintenance and safety mitigation measures are proposed to and adopted by the Board.
Approved: Unanimous
MIRCC Impound Policies & Procedures
Mark Bollman introduced the impound policies and procedures as a way to codify the towing and impound practices currently used by Mark Haenlein and Paul Hery. He said he would like to see the policy officially adopted by the Board and posted on the web.
Mark Bollman: “Move to approve Impound Policies & Procedures and post on the web site.”
Approved: Unanimous
Discussion Topics
CJ Holmes inquired about the burn ban with Ernie Walters from the Index Fire Department. Ernie said that propane stoves are the only source of fire to be used outdoors at this time.
Bekka Davis asked if we should call the fire department if we see campfires.
Ernie confirmed with a yes, it’s the fire department’s job to respond to reports. The burn ban was initiated because of air quality.
Closing Remarks: Summer Board Meeting Schedule
The next Board meeting is September 9.
Respectfully submitted by
Bekka Davis & Carrie Byrne
MIRCC Secretary & Treasurer