December 5, 2015
Mt. Index Riversites Community Club, Inc.
Board of Directors Meeting
Board members present: Julia Akin, Mark Bollman, Carrie Byrne, Tom Grenier, Patty Harbaugh, CJ Holmes, Gary Johnson, Mark Haenlein, Don Larsen, David MacFarlane, Earl Van Buskirk, Mat Williams
Guests & Owner Attendees:
John Scharf, Ben Keith, Rick McGarvey, Randy McGarvey, Erika Palmer, Melissa Bailey, Ellie Anderson, Shirley Heintz, Ron Sims, Jerry Bement, Gary Hubbard, Mary Ann Toms
Opening Remarks
November Meeting Minutes
Carrie Byrne: “Move to approve the November meeting minutes.” Approved: Unanimous
Committee Reports and Information
Executive Committee
The committee has been working to address the snow plowing plan and road maintenance coverage in Mark Haenlein’s absence during the winter (Mark is the E-Section Road chair). The snow plowing plan will be reviewed later in the meeting agenda, during the E-Section road update.
Budget Status Report: Earl Van Buskirk presented the November 30th Balance Sheet and Profit & Loss statements. Total bank balance = $137,384.32.
Several financial highlights were reviewed:
· Accounting fees have been significantly lower year-over-year. For E-Section, accounting services were $5,811 lower from January to November for 2015 than 2014. For the same period, A-Section saw a drop in accounting service expense of $4,055.
· Legal fees have been rising due to foreclosures, although fees are recouped with sale or settlement of the property.
· At the January meeting, we will have a rough outline for how we propose budgeting for the new year. The budget will affect assessments sent in May for the new fiscal year.
· If there are no major catastrophic events in MIRCC, we anticipate being solvent in May with E-Section having roughly $30k in the bank.
· What is owed by nonpaying E-Section owners exceeds the remaining amount to pay for the bridge.
Collections Committee
The committee reported the following:
· There is no update at this time from Adams & Duncan on the foreclosure lawsuits.
· Owners who have not paid assessments for 2 years and were not liened in 2013 will receive a last attempt phone call from Don Larsen to urge them to make payment. These owners have already received a letter with intent to lien their properties. Liens will be filed if there is no remedy from the phone calls.
· For those owners who have not paid 2015 assessments, their dues are now six months past due. In addition to monthly statements, these owners have received personal contact by the Board to explain their assessments and remind them of their obligation to pay. For those who continue to make no effort to pay their assessments, the Board will be pursuing liens to secure an interest in their property.
E-Section Roads
After the November Board meeting, volunteers put 60 plants in the ground at Canyon Falls to comply with shoreline mitigation.
Randy McGarvey shared that after filling potholes on Mt. Index River Road someone came out to remove pothole filling material in an attempt to slow down traffic. Owners and their guests are urged to keep the pothole materials in place for the benefit of all who drive the roads.
While Mark Haenlein (E-Sec Road chair) is away this winter, Tom Grenier and Dave McFarlane are in charge of road maintenance. They have a volunteer list to participate in pothole filling and will call on people as needed.
The day before the Board meeting, John Vos was in the neighborhood with his dump truck and Paul Hery volunteered his tractor for some impromptu road repair and grading. Between the two men, there were several dump trucks of materials brought into MIR to repair slumping, sink holes, ditch washout from the recent flooding, and general pothole repair. The materials brought into the community included larger 2-4” rock, 1 ¼” minus gravel, and asphalt grindings.
The materials and work provided by Vos and Hery addressed the slumping past the railroad bridge that was brought before the Board by Ben Keith and discussed at the November meeting. The road committee had a rough estimate for the cost of the repair by Vos and Hery and was pleased to report that it was less than the $3k estimated by another contractor earlier in the month. The work was intended to restore the area to pre-slide conditions with pre-slide monies—a one-time repair for this section of road that saw E-Section traffic after the slide event but has had no maintenance since that time.
Canyon Falls to US-2
Earl Van Buskirk reported that the green gate is up and operational from when the arm was broken by a vehicle collision. The bill for repair was $430 and will appear in January for December’s bills. E-Section now has a backup gate arm as well.
Most uninvited visitors with no business on the roads are sneaking in by “piggybacking” on owners who are going through the gate. Late night access by uninvited visitors appears to be diminishing.
A-Section & USFS 6020 Roads
Mat Williams reported that several loads of 1 ¼” minus gravel is working well on the USFS road. The road is in good shape.
The main road through the community has had some erosion where the river ran across the road from recent high water. The road committee has fixed those issues and fixed the road where Bridal Veil creek crosses Sertz Road.
A-Section has had a total of 4 loads of materials brought in – 2 loads of asphalt gridings, 2 loads of 1 ¼” minus gravel.
Bylaws, Ethics, Legal
Gary Johnson reported that the Committee’s work this month has focused on preparing an opinion regarding an attorney letter that Adams & Duncan received from the law office of Bret Sachter. The letter would be discussed during the agenda item under Other Comments and Discussion Topics.
Community Development
Julia Akin reported that the Committee will get together in the next couple months to discuss plans and will bring a presentation to the annual meeting.
Priority Business
Mark Haenlein: “Move to approve Check Detail Report for November expenditures.” Approved: 11 - Yes
Charges and Invoices to be paid:
- E-Section Checks:
o $4736.17 – Acrow Corporation (bridge payment)
o $3739.33 – Owners loans (bridge loan payments)
o $462 – CFHOA Access Road (gravel delivery for road from US-2 to green gate)
o $71.68 – Swiznet QuickBooks (accounting software)
o $336 – SLK Accounting (monthly bookkeeping)
- A-Section Checks:
o $47.78 – Swiznet QuickBooks (accounting software)
o $204 – SLK Accounting (monthly bookkeeping)
o $81 – Terry/Mat Williams (recording fees for judgment lien against Zan Oliphant)
o $305 – Terry/Mat Williams (USFS 6020 road maintenance)
New Business
Snow Plow Plans
Mark Bollman: “Move to adopt MIRCC Snow Emergency Plan for E section as revised 11/30/15.” Approved: 11 - Yes
The E-Section Road Committee, the President, and VP met and determined that E-Section needs a plan put in place for snow events to be successful.
A-Section reported that it had 2-3” of snow prior to the Board meeting. The A-Section Road Committee tried using Brent Corey’s blade on the front of a truck as an initial test. It successfully got all of A-Section plowed in about 20 minutes without kicking up or removing asphalt beneath the snow. USFS was concerned about a blade affecting their road material, but it worked well. It appears to be a reasonable way to get everyday plowing done with a backup plan involving bigger equipment for more significant snow events.
The A-Section Road Committee has not put together a contract with Brent at this time to determine how to compensate him for the work or equipment. At this point, it is a volunteer effort. The Committee expects to have to pay for fuel, etc. but will figure it out.
Snow Emergency Plan for E-Section discussion:
· In the past, we’ve had problems with the 6” rule, in which if the snow isn’t greater than 6” it isn’t removed. It’s a concern because people believe that snow below 6” will melt and doesn’t require plowing.
· Dave McFarlane and Tom Grenier are the people on-site through the winter in E-Section and will make the judgment call regarding the weather forecast and the need for snow removal.
· Under Policies & Procedures, item #3: “MIRCC is to be named-insured on snow plow contractor’s liability insurance policy.” CJ would like it to be inclusive of A-Section as well. Volunteers are already covered by MIR’s insurance policy; if we hire a commercial contractor, we need to be a named insured.
· Plowing side roads – under Policies & Procedures, item #7: “Side roads will be plowed…” – neighbors need to make the collective choice to spend their own money to plow side roads.
· Encourage whomever is plowing snow to not create a berm at the start of a side road.
The MIRCC Snow Emergency Plan for E-Section was approved at the Board meeting and will be published to the MIRCC website.
Other Comments and Discussion Topics
Letter from Bret Sachter
Gary Johnson reminded everyone that at the November Board meeting, he reported that the MIRCC attorney for liens and foreclosures (Adams & Duncan) received a letter from another attorney, Bret Sachter. The letter stated concerns and complaints related to various MIRCC business. Sachter has been retained by an unnamed MIRCC property owner.
Adams & Duncan has not been retained by MIRCC to address the matter and to date, the Board has received no direct correspondence from Sachter.
The Committee’s opinion addresses the key complaints brought forward by Sachter’s client. The opinion was shared as an FYI among the Board although not discussed in detail. The Committee’s conclusion is as follows:
It appears that Mr. Sachter has been misinformed by his client. He has not presented any new or relevant information for the Board of Directors to consider and the Legal Committee has no recommendations for any changes the board needs to consider at this time.
The Legal Committee will continue to keep the Board informed of any direct communication from Sachter.
Closing Remarks
Next meeting scheduled for Saturday, January 9th at 9:00 a.m. at the Index Fire Station.
Respectfully submitted by
Carrie Byrne
MIRCC Secretary
Guests & Owner Attendees:
John Scharf, Ben Keith, Rick McGarvey, Randy McGarvey, Erika Palmer, Melissa Bailey, Ellie Anderson, Shirley Heintz, Ron Sims, Jerry Bement, Gary Hubbard, Mary Ann Toms
Opening Remarks
November Meeting Minutes
Carrie Byrne: “Move to approve the November meeting minutes.” Approved: Unanimous
Committee Reports and Information
Executive Committee
The committee has been working to address the snow plowing plan and road maintenance coverage in Mark Haenlein’s absence during the winter (Mark is the E-Section Road chair). The snow plowing plan will be reviewed later in the meeting agenda, during the E-Section road update.
Budget Status Report: Earl Van Buskirk presented the November 30th Balance Sheet and Profit & Loss statements. Total bank balance = $137,384.32.
Several financial highlights were reviewed:
· Accounting fees have been significantly lower year-over-year. For E-Section, accounting services were $5,811 lower from January to November for 2015 than 2014. For the same period, A-Section saw a drop in accounting service expense of $4,055.
· Legal fees have been rising due to foreclosures, although fees are recouped with sale or settlement of the property.
· At the January meeting, we will have a rough outline for how we propose budgeting for the new year. The budget will affect assessments sent in May for the new fiscal year.
· If there are no major catastrophic events in MIRCC, we anticipate being solvent in May with E-Section having roughly $30k in the bank.
· What is owed by nonpaying E-Section owners exceeds the remaining amount to pay for the bridge.
Collections Committee
The committee reported the following:
· There is no update at this time from Adams & Duncan on the foreclosure lawsuits.
· Owners who have not paid assessments for 2 years and were not liened in 2013 will receive a last attempt phone call from Don Larsen to urge them to make payment. These owners have already received a letter with intent to lien their properties. Liens will be filed if there is no remedy from the phone calls.
· For those owners who have not paid 2015 assessments, their dues are now six months past due. In addition to monthly statements, these owners have received personal contact by the Board to explain their assessments and remind them of their obligation to pay. For those who continue to make no effort to pay their assessments, the Board will be pursuing liens to secure an interest in their property.
E-Section Roads
After the November Board meeting, volunteers put 60 plants in the ground at Canyon Falls to comply with shoreline mitigation.
Randy McGarvey shared that after filling potholes on Mt. Index River Road someone came out to remove pothole filling material in an attempt to slow down traffic. Owners and their guests are urged to keep the pothole materials in place for the benefit of all who drive the roads.
While Mark Haenlein (E-Sec Road chair) is away this winter, Tom Grenier and Dave McFarlane are in charge of road maintenance. They have a volunteer list to participate in pothole filling and will call on people as needed.
The day before the Board meeting, John Vos was in the neighborhood with his dump truck and Paul Hery volunteered his tractor for some impromptu road repair and grading. Between the two men, there were several dump trucks of materials brought into MIR to repair slumping, sink holes, ditch washout from the recent flooding, and general pothole repair. The materials brought into the community included larger 2-4” rock, 1 ¼” minus gravel, and asphalt grindings.
The materials and work provided by Vos and Hery addressed the slumping past the railroad bridge that was brought before the Board by Ben Keith and discussed at the November meeting. The road committee had a rough estimate for the cost of the repair by Vos and Hery and was pleased to report that it was less than the $3k estimated by another contractor earlier in the month. The work was intended to restore the area to pre-slide conditions with pre-slide monies—a one-time repair for this section of road that saw E-Section traffic after the slide event but has had no maintenance since that time.
Canyon Falls to US-2
Earl Van Buskirk reported that the green gate is up and operational from when the arm was broken by a vehicle collision. The bill for repair was $430 and will appear in January for December’s bills. E-Section now has a backup gate arm as well.
Most uninvited visitors with no business on the roads are sneaking in by “piggybacking” on owners who are going through the gate. Late night access by uninvited visitors appears to be diminishing.
A-Section & USFS 6020 Roads
Mat Williams reported that several loads of 1 ¼” minus gravel is working well on the USFS road. The road is in good shape.
The main road through the community has had some erosion where the river ran across the road from recent high water. The road committee has fixed those issues and fixed the road where Bridal Veil creek crosses Sertz Road.
A-Section has had a total of 4 loads of materials brought in – 2 loads of asphalt gridings, 2 loads of 1 ¼” minus gravel.
Bylaws, Ethics, Legal
Gary Johnson reported that the Committee’s work this month has focused on preparing an opinion regarding an attorney letter that Adams & Duncan received from the law office of Bret Sachter. The letter would be discussed during the agenda item under Other Comments and Discussion Topics.
Community Development
Julia Akin reported that the Committee will get together in the next couple months to discuss plans and will bring a presentation to the annual meeting.
Priority Business
Mark Haenlein: “Move to approve Check Detail Report for November expenditures.” Approved: 11 - Yes
Charges and Invoices to be paid:
- E-Section Checks:
o $4736.17 – Acrow Corporation (bridge payment)
o $3739.33 – Owners loans (bridge loan payments)
o $462 – CFHOA Access Road (gravel delivery for road from US-2 to green gate)
o $71.68 – Swiznet QuickBooks (accounting software)
o $336 – SLK Accounting (monthly bookkeeping)
- A-Section Checks:
o $47.78 – Swiznet QuickBooks (accounting software)
o $204 – SLK Accounting (monthly bookkeeping)
o $81 – Terry/Mat Williams (recording fees for judgment lien against Zan Oliphant)
o $305 – Terry/Mat Williams (USFS 6020 road maintenance)
New Business
Snow Plow Plans
Mark Bollman: “Move to adopt MIRCC Snow Emergency Plan for E section as revised 11/30/15.” Approved: 11 - Yes
The E-Section Road Committee, the President, and VP met and determined that E-Section needs a plan put in place for snow events to be successful.
A-Section reported that it had 2-3” of snow prior to the Board meeting. The A-Section Road Committee tried using Brent Corey’s blade on the front of a truck as an initial test. It successfully got all of A-Section plowed in about 20 minutes without kicking up or removing asphalt beneath the snow. USFS was concerned about a blade affecting their road material, but it worked well. It appears to be a reasonable way to get everyday plowing done with a backup plan involving bigger equipment for more significant snow events.
The A-Section Road Committee has not put together a contract with Brent at this time to determine how to compensate him for the work or equipment. At this point, it is a volunteer effort. The Committee expects to have to pay for fuel, etc. but will figure it out.
Snow Emergency Plan for E-Section discussion:
· In the past, we’ve had problems with the 6” rule, in which if the snow isn’t greater than 6” it isn’t removed. It’s a concern because people believe that snow below 6” will melt and doesn’t require plowing.
· Dave McFarlane and Tom Grenier are the people on-site through the winter in E-Section and will make the judgment call regarding the weather forecast and the need for snow removal.
· Under Policies & Procedures, item #3: “MIRCC is to be named-insured on snow plow contractor’s liability insurance policy.” CJ would like it to be inclusive of A-Section as well. Volunteers are already covered by MIR’s insurance policy; if we hire a commercial contractor, we need to be a named insured.
· Plowing side roads – under Policies & Procedures, item #7: “Side roads will be plowed…” – neighbors need to make the collective choice to spend their own money to plow side roads.
· Encourage whomever is plowing snow to not create a berm at the start of a side road.
The MIRCC Snow Emergency Plan for E-Section was approved at the Board meeting and will be published to the MIRCC website.
Other Comments and Discussion Topics
Letter from Bret Sachter
Gary Johnson reminded everyone that at the November Board meeting, he reported that the MIRCC attorney for liens and foreclosures (Adams & Duncan) received a letter from another attorney, Bret Sachter. The letter stated concerns and complaints related to various MIRCC business. Sachter has been retained by an unnamed MIRCC property owner.
Adams & Duncan has not been retained by MIRCC to address the matter and to date, the Board has received no direct correspondence from Sachter.
The Committee’s opinion addresses the key complaints brought forward by Sachter’s client. The opinion was shared as an FYI among the Board although not discussed in detail. The Committee’s conclusion is as follows:
It appears that Mr. Sachter has been misinformed by his client. He has not presented any new or relevant information for the Board of Directors to consider and the Legal Committee has no recommendations for any changes the board needs to consider at this time.
The Legal Committee will continue to keep the Board informed of any direct communication from Sachter.
Closing Remarks
Next meeting scheduled for Saturday, January 9th at 9:00 a.m. at the Index Fire Station.
Respectfully submitted by
Carrie Byrne
MIRCC Secretary