May 7, 2016
Mt. Index Riversites Community Club, Inc.
Annual meeting of property owners
Board members present: Julia Akin, Mark Bollman, Carrie Byrne, Mark Haenlein, Patty Harbaugh, CJ Holmes, Gary Johnson, Don Larsen, Dave MacFarlane, Earl Van Buskirk, Mat Williams
Opening Introductions
The current Board members were introduced to the community as well as the candidates for a new three-year term on the MIRCC Board of Directors. The candidates were: Ellie Anderson, Mark Bollman, Brent Corey, Rebecca Davis, Kathleen EckartLove, Andrew Tuttle, and Ben Van Dusen.
Bylaws: Revised Edition
Gary Johnson reported that during the 2015-16 year, the bylaws were amended to eliminate redundancies, inconsistencies, and to make sure they are in compliance with Judge Wynne’s rulings. The proposed amendments with tracked changes were sent to all owners for feedback during the comment period. The Board approved the amended bylaws at the October 3, 2015 Board meeting.
The bylaws were available to all attendees in hard copy at the meeting.
Understanding Your Assessment Invoice
Mark Bollman mentioned that for the 2016-17 annual assessment invoices, owners are provided an “Understanding Your Assessment” document that helps explain the invoice line items. There are financial differences between A-Section and E-Section because roads and maintenance costs are different (for example, only A-Section pays for maintenance of USFS 6020 and only E-Section pays for the Canyon Falls Bridge).
The document was put together to help owners understand how their invoices were calculated.
Financial Report for 2015-2016 Fiscal Year
Earl Van Buskirk presented financial reports for the period ending April 30, 2016. Accounting for April had not yet been been audited, so there may be some slight variance after accounts are reconciled. He reported that the corporation is solvent.
Following are highlights from the financial review:
Dan Harrison commented that assessments are different today than they have been in prior years. Van Buskirk remarked that invoice calculations for the 2015-16 and 2016-17 are clearly accounted for in the financial reports and are further explained in the document “Understanding Your Assessment Invoice.”
Budget Planning for 2016-2017 Fiscal Year
Earl Van Buskirk made clear that the invoices sent recently and due May 31, 2016 are for the fiscal year that gets us through April 2017. The Board does not anticipate any additional special assessment at this time, except in the case of natural disaster.
Budget planning worksheets were circulated at the February Board meeting and draft budgets for the new fiscal year were reviewed at Board meetings starting in March. Ultimately, the Board acts on behalf of the community to make financial decisions on behalf of MIRCC.
Collection Efforts
Mark Bollman thanked the owners who pay their assessments on time and in full. Owners with unpaid balances receive a monthly statement that is mailed out by the Board. Before liens are filed, Board members call owners to be sure they are fully aware of their obligation and delinquency and to explore options for them to pay.
Bollman asserted that the Board has an obligation to file a lien against property with unpaid assessments to protect the corporation’s interest. Filing liens costs money, and the fees are added onto the owner’s bill. Past that, the MIRCC collection attorney will begin foreclosure proceedings.
These Collections updates were shared:
The Board will continue to work on collections on behalf of the community.
E-Section Road Committee Report
David MacFarlane reported on the condition of the road from the Canyon Falls Bridge through E-Section. There was significant rain this winter and we endured 3 floods.
The E-Section Road Committee has coordinated placing piles of gravel in places where volunteers can help fill potholes. Some of the gravel has been stolen, yet some people are filling potholes with the gravel. If gravel is on the main road, people are encouraged to grab a wheelbarrow and put the material in the hole.
For 2015-16 and 2016-17 assessments for E-Section roads – there have been no road maintenance costs included in the invoices to keep fees down.
Canyon Falls Bridge, Gate, Access Road
Earl Van Buskirk reported that the gate is working well. Some maintenance for repairs and small improvements to the gate are expected in the new year.
The road from US-2 to the Canyon Falls bridge has been maintained whereby G-Section pays 20% and E-Section pays 80% of the maintenance cost for this section of the road, based on percentage of owners from each section using the road. Our maintenance program has recently improved and we will see better conditions on the road. G-Section and E-Section agree on the road maintenance and agreeing on the work to be done.
A-Section Road Committee Report
Mat Williams reported that A-Section roads got hit by heavy rain and floods this year. The only money spent on road maintenance was for snowplowing, gravel, and asphalt grindings; other road maintenance activity involved volunteers to maintain the road. We stayed within our budget. We had a few people on a regular basis taking care of our roads.
A-Section has a contractor coming in to do a major repair from US-2 back to where Gracie’s Store used to be—the road will be graded, rolled, ditched, and crowned. This will be the one major expense for the year. Other road work will probably need to be supported by volunteers this year.
Williams reported that there is a problem with Lake Serene parking. This year has set a record so far for parking. There were cars parked from US-2 to the guard shack on both sides. We are not sure where we’re going with this with the USFS. If owners have concerns about it, they should let the USFS know about the parking problem on our roadway.
We have an agreement with USFS to maintain that section of the roadway (the first 6/10 of a mile from US-2). We pay to maintain this section of the road.
Election Results
Gary Johnson announced the election results. The following candidates were voted to a new three-year term:
Community Comments and Open Discussion
Horst Binde inquired about making Board meeting times later and logging restrictions on bridges in MIRCC. What is the load limit for logging trucks?
The Board is not looking at changing the time for monthly Board meetings.
Mark Bollman confirmed that the new Canyon Falls Bridge and the concrete bridge over Bridal Veil Falls Creek are both highway rated. There are no weight restrictions on these bridges.
Rudolf Mueller was concerned about administrative fees. He said that the last 2 years’ invoice admin fees were sizable in his opinion. What is included and how are they apportioned among the lots?
Additionally, he said that Stubb Road is often flooded out most of the year, limiting his access. When water runs over the road, the property is “unusable.” Mr Mueller thinks we need a larger culvert. Mr Mueller is also concerned about trash in neighbors’ yards.
He admitted that he has not paid for last two years because he hasn’t had sufficient explanation of his invoice.
The Board outlined that these are the costs covered under Administration fees: Bookkeeping, Accounting, CPA, Legal services, Insurance, Taxes, Fees, Postage, and Office supplies. Additionally, Judge Wynne’s ruling determined that all owners—no matter the value of their property—are assessed a flat fee for the administrative costs of the corporation.
The “Understanding Your Assessment” document was provided to all owners to help explain their invoices.
Dina Bolter, who lives in A-Section, said someone turned around her ride at the gate.
Rhonda Summerland asked if we can renegotiate our contract with USFS to offset the costs of road maintenance to compensate for Lake Serene traffic. She suggested the Board looks into the public’s impact to the road.
Ben Keith said if topics related to access, road use, and maintenance that concern the entire community are brought up during a Board meeting, keep it on the agenda so it’s covered during the meeting and recorded in the minutes. The Board agreed that it was a good reminder.
Mike Kelly wanted to discuss the new A-Section gate that has not yet been made operational. Mike opposes the gate. He believes there’s misinformation about the gate, and that no permit has been issued for the gate. He stated that the USFS can impede but cannot block access, and therefore there has to be a public access code on the gate so anyone can enter.
Mr Kelly stated that A-Section road maintenance is skipping Mt Index Drive, and that a slide on the road has blocked it. He alleges that the Board doesn’t take care of Mt Index Drive, yet the USFS contract says we need to maintain the road from US-2 up to the power lines.
He also stated the slide area around the corner from the Store hasn’t been dealt with.
Mr Kelly further claims that his issues have been skipped and disguised in the Board minutes. At a prior Board meeting, he wanted to issue a cease and desist order to the Board with regard to the gate and he wanted it recorded in the minutes. Mr Kelly is officially asking the Board to remove the gate. He stated that the Board is interfering with easements.
Kelly went on to state that the gate code key document is not enforceable and he believes that the gate gives up power from the community members. Then he stated, “One of these days, something bad is going to happen at that gate.”
Mark Bollman stated for the record that Mr Kelly has not paid his assessments.
Bill Killion wants the Board to address the gate. He wants to know if there is a permit, and further if the Board can impede his easement.
The Board reminded the audience that the gate is not operational at this time and is fully open now, unimpeding access.
Rick Bentz wanted to further discuss “the gate issue.” He stated that the Board does not have authority over law enforcement.
Julia Akin wanted to caution drivers who may not expect the speedbump at the green gate with some signage. She also suggested getting to know your neighbors in a sort of block watch effort for safety. She reminded everyone to keep your property well lit, mark your home with your house number, and if you “see something, say something.”
Laura Cox commented that she fully supports the gate in A-Section. She stated there are a huge number of cars doing a lot of damage to the road. She thinks only property owners should be allowed access, because it’s private property. Hikers exploring the road on their own should not have free access to MIRCC roads.
Mike Kelly again claimed that A-Section cannot block access to the public with the gate. When a gate has been installed in the past, Kelly claims he has had it successfully removed. Kelly’s legal counsel has informed him that the guard shack gate cannot be closed.
Kelly also stated that he believes Ellie Anderson and Shirley Heintz, who are seated close to the Board, are getting preferential treatment.
The Board stated that Ms Anderson and Ms Heintz are hard of hearing and prefer to be seated closer to the discussion.
Shirley Heintz believes the road would benefit from some speed bumps to slow down traffic.
Bill Killion asked that after the Board looks into the gate, shouldn’t people be able to vote on the installation and its use?
Trish Tribble thinks the gate should not be installed. She recognizes the congestion issue with hikers parking on the road, however she doesn’t believe the community is “special” and shouldn’t be gating its access. She also thinks owners should be allowed to vote, even if they are behind in assessments.
Tribble suggested the Board considers a lawsuit against PUD for the holes they drilled to test the site for their FERC permit and for causing the mudslide, in her estimation. She also had concerns about mud piling up and the presence of beavers.
Julia Akin reminded people that phone numbers are always provided on gates that are installed and maintained by MIRCC.
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Mt. Index Riversites Community Club, Inc.
Board of Directors First Meeting of 2016-17
May 7, 2016
Board members present: Mark Bollman, Carrie Byrne, Brent Corey, Rebecca Davis, Kathleen EckartLove, Mark Haenlein, Patty Harbaugh, CJ Holmes, Gary Johnson, Don Larsen, Dave MacFarlane, Earl Van Buskirk, Mat Williams
Absent: Andrew Tuttle
Gary Johnson welcomed the new board members.
New Corporate Officers
Gary Johnson and Kathleen EckartLove: “Move to accept the current slate of the Executive Committee for the Board, as:
The Board was reminded that the Executive Committee does business outside the meeting, but all issues still come down to a Board vote.
“We” and “they” language between E-Section and A-Section is a sensitive matter, however all Board members vote on all issues.
Closing Remarks
Next meeting scheduled for Saturday, June 4th at 9:00 a.m. at the Index Fire Station.
Respectfully submitted by,
Carrie Byrne
MIRCC Secretary
Opening Introductions
The current Board members were introduced to the community as well as the candidates for a new three-year term on the MIRCC Board of Directors. The candidates were: Ellie Anderson, Mark Bollman, Brent Corey, Rebecca Davis, Kathleen EckartLove, Andrew Tuttle, and Ben Van Dusen.
Bylaws: Revised Edition
Gary Johnson reported that during the 2015-16 year, the bylaws were amended to eliminate redundancies, inconsistencies, and to make sure they are in compliance with Judge Wynne’s rulings. The proposed amendments with tracked changes were sent to all owners for feedback during the comment period. The Board approved the amended bylaws at the October 3, 2015 Board meeting.
The bylaws were available to all attendees in hard copy at the meeting.
Understanding Your Assessment Invoice
Mark Bollman mentioned that for the 2016-17 annual assessment invoices, owners are provided an “Understanding Your Assessment” document that helps explain the invoice line items. There are financial differences between A-Section and E-Section because roads and maintenance costs are different (for example, only A-Section pays for maintenance of USFS 6020 and only E-Section pays for the Canyon Falls Bridge).
The document was put together to help owners understand how their invoices were calculated.
Financial Report for 2015-2016 Fiscal Year
Earl Van Buskirk presented financial reports for the period ending April 30, 2016. Accounting for April had not yet been been audited, so there may be some slight variance after accounts are reconciled. He reported that the corporation is solvent.
Following are highlights from the financial review:
- Compared to last year at this time, the total account balance is down about $15k
- E-Section is making steady progress in paying off the bridge loans from Acrow and the 17 property owners who put up money for the bridge; E-Section paid down $73k of the total bridge debt this year. There are 3 more years to go to pay off both the bridge and owners’ loans.
- Profit & Loss reports for the year to date show a percentage of collections for the bridge, road maintenance, and administrative costs across the community
- In some cases, collection percentages appear skewed due to past due collections from liens and foreclosures
- The category “Finance charges” on the Profit & Loss statements, under Income is money received from liens being paid off
- The community’s cost of foreclosures is recouped when debts are paid off
- Accounting costs are down $6k from last year based on the change in professional services provider
Dan Harrison commented that assessments are different today than they have been in prior years. Van Buskirk remarked that invoice calculations for the 2015-16 and 2016-17 are clearly accounted for in the financial reports and are further explained in the document “Understanding Your Assessment Invoice.”
Budget Planning for 2016-2017 Fiscal Year
Earl Van Buskirk made clear that the invoices sent recently and due May 31, 2016 are for the fiscal year that gets us through April 2017. The Board does not anticipate any additional special assessment at this time, except in the case of natural disaster.
Budget planning worksheets were circulated at the February Board meeting and draft budgets for the new fiscal year were reviewed at Board meetings starting in March. Ultimately, the Board acts on behalf of the community to make financial decisions on behalf of MIRCC.
Collection Efforts
Mark Bollman thanked the owners who pay their assessments on time and in full. Owners with unpaid balances receive a monthly statement that is mailed out by the Board. Before liens are filed, Board members call owners to be sure they are fully aware of their obligation and delinquency and to explore options for them to pay.
Bollman asserted that the Board has an obligation to file a lien against property with unpaid assessments to protect the corporation’s interest. Filing liens costs money, and the fees are added onto the owner’s bill. Past that, the MIRCC collection attorney will begin foreclosure proceedings.
These Collections updates were shared:
- Shiotani and McCoy accounts were paid in full and avoided foreclosure. This was expensive for both owners. With fees and interest, they ended up paying nearly double what was owed from past due assessments. Each owner paid about $2,750 in attorney fees alone.
- Padilla and Cruden are making substantial payments.
- Parks agreed to a stipulated judgment.
- The Peterson judgment has been assigned to a collections attorney.
- The Olson case is expected to go to a sheriff’s sale at auction.
The Board will continue to work on collections on behalf of the community.
E-Section Road Committee Report
David MacFarlane reported on the condition of the road from the Canyon Falls Bridge through E-Section. There was significant rain this winter and we endured 3 floods.
The E-Section Road Committee has coordinated placing piles of gravel in places where volunteers can help fill potholes. Some of the gravel has been stolen, yet some people are filling potholes with the gravel. If gravel is on the main road, people are encouraged to grab a wheelbarrow and put the material in the hole.
For 2015-16 and 2016-17 assessments for E-Section roads – there have been no road maintenance costs included in the invoices to keep fees down.
Canyon Falls Bridge, Gate, Access Road
Earl Van Buskirk reported that the gate is working well. Some maintenance for repairs and small improvements to the gate are expected in the new year.
The road from US-2 to the Canyon Falls bridge has been maintained whereby G-Section pays 20% and E-Section pays 80% of the maintenance cost for this section of the road, based on percentage of owners from each section using the road. Our maintenance program has recently improved and we will see better conditions on the road. G-Section and E-Section agree on the road maintenance and agreeing on the work to be done.
A-Section Road Committee Report
Mat Williams reported that A-Section roads got hit by heavy rain and floods this year. The only money spent on road maintenance was for snowplowing, gravel, and asphalt grindings; other road maintenance activity involved volunteers to maintain the road. We stayed within our budget. We had a few people on a regular basis taking care of our roads.
A-Section has a contractor coming in to do a major repair from US-2 back to where Gracie’s Store used to be—the road will be graded, rolled, ditched, and crowned. This will be the one major expense for the year. Other road work will probably need to be supported by volunteers this year.
Williams reported that there is a problem with Lake Serene parking. This year has set a record so far for parking. There were cars parked from US-2 to the guard shack on both sides. We are not sure where we’re going with this with the USFS. If owners have concerns about it, they should let the USFS know about the parking problem on our roadway.
We have an agreement with USFS to maintain that section of the roadway (the first 6/10 of a mile from US-2). We pay to maintain this section of the road.
Election Results
Gary Johnson announced the election results. The following candidates were voted to a new three-year term:
- Mark Bollman
- Brent Corey
- Rebecca Davis
- Kathleen EckartLove
- Andrew Tuttle
Community Comments and Open Discussion
Horst Binde inquired about making Board meeting times later and logging restrictions on bridges in MIRCC. What is the load limit for logging trucks?
The Board is not looking at changing the time for monthly Board meetings.
Mark Bollman confirmed that the new Canyon Falls Bridge and the concrete bridge over Bridal Veil Falls Creek are both highway rated. There are no weight restrictions on these bridges.
Rudolf Mueller was concerned about administrative fees. He said that the last 2 years’ invoice admin fees were sizable in his opinion. What is included and how are they apportioned among the lots?
Additionally, he said that Stubb Road is often flooded out most of the year, limiting his access. When water runs over the road, the property is “unusable.” Mr Mueller thinks we need a larger culvert. Mr Mueller is also concerned about trash in neighbors’ yards.
He admitted that he has not paid for last two years because he hasn’t had sufficient explanation of his invoice.
The Board outlined that these are the costs covered under Administration fees: Bookkeeping, Accounting, CPA, Legal services, Insurance, Taxes, Fees, Postage, and Office supplies. Additionally, Judge Wynne’s ruling determined that all owners—no matter the value of their property—are assessed a flat fee for the administrative costs of the corporation.
The “Understanding Your Assessment” document was provided to all owners to help explain their invoices.
Dina Bolter, who lives in A-Section, said someone turned around her ride at the gate.
Rhonda Summerland asked if we can renegotiate our contract with USFS to offset the costs of road maintenance to compensate for Lake Serene traffic. She suggested the Board looks into the public’s impact to the road.
Ben Keith said if topics related to access, road use, and maintenance that concern the entire community are brought up during a Board meeting, keep it on the agenda so it’s covered during the meeting and recorded in the minutes. The Board agreed that it was a good reminder.
Mike Kelly wanted to discuss the new A-Section gate that has not yet been made operational. Mike opposes the gate. He believes there’s misinformation about the gate, and that no permit has been issued for the gate. He stated that the USFS can impede but cannot block access, and therefore there has to be a public access code on the gate so anyone can enter.
Mr Kelly stated that A-Section road maintenance is skipping Mt Index Drive, and that a slide on the road has blocked it. He alleges that the Board doesn’t take care of Mt Index Drive, yet the USFS contract says we need to maintain the road from US-2 up to the power lines.
He also stated the slide area around the corner from the Store hasn’t been dealt with.
Mr Kelly further claims that his issues have been skipped and disguised in the Board minutes. At a prior Board meeting, he wanted to issue a cease and desist order to the Board with regard to the gate and he wanted it recorded in the minutes. Mr Kelly is officially asking the Board to remove the gate. He stated that the Board is interfering with easements.
Kelly went on to state that the gate code key document is not enforceable and he believes that the gate gives up power from the community members. Then he stated, “One of these days, something bad is going to happen at that gate.”
Mark Bollman stated for the record that Mr Kelly has not paid his assessments.
Bill Killion wants the Board to address the gate. He wants to know if there is a permit, and further if the Board can impede his easement.
The Board reminded the audience that the gate is not operational at this time and is fully open now, unimpeding access.
Rick Bentz wanted to further discuss “the gate issue.” He stated that the Board does not have authority over law enforcement.
Julia Akin wanted to caution drivers who may not expect the speedbump at the green gate with some signage. She also suggested getting to know your neighbors in a sort of block watch effort for safety. She reminded everyone to keep your property well lit, mark your home with your house number, and if you “see something, say something.”
Laura Cox commented that she fully supports the gate in A-Section. She stated there are a huge number of cars doing a lot of damage to the road. She thinks only property owners should be allowed access, because it’s private property. Hikers exploring the road on their own should not have free access to MIRCC roads.
Mike Kelly again claimed that A-Section cannot block access to the public with the gate. When a gate has been installed in the past, Kelly claims he has had it successfully removed. Kelly’s legal counsel has informed him that the guard shack gate cannot be closed.
Kelly also stated that he believes Ellie Anderson and Shirley Heintz, who are seated close to the Board, are getting preferential treatment.
The Board stated that Ms Anderson and Ms Heintz are hard of hearing and prefer to be seated closer to the discussion.
Shirley Heintz believes the road would benefit from some speed bumps to slow down traffic.
Bill Killion asked that after the Board looks into the gate, shouldn’t people be able to vote on the installation and its use?
Trish Tribble thinks the gate should not be installed. She recognizes the congestion issue with hikers parking on the road, however she doesn’t believe the community is “special” and shouldn’t be gating its access. She also thinks owners should be allowed to vote, even if they are behind in assessments.
Tribble suggested the Board considers a lawsuit against PUD for the holes they drilled to test the site for their FERC permit and for causing the mudslide, in her estimation. She also had concerns about mud piling up and the presence of beavers.
Julia Akin reminded people that phone numbers are always provided on gates that are installed and maintained by MIRCC.
-----------------------------------------------------------
Mt. Index Riversites Community Club, Inc.
Board of Directors First Meeting of 2016-17
May 7, 2016
Board members present: Mark Bollman, Carrie Byrne, Brent Corey, Rebecca Davis, Kathleen EckartLove, Mark Haenlein, Patty Harbaugh, CJ Holmes, Gary Johnson, Don Larsen, Dave MacFarlane, Earl Van Buskirk, Mat Williams
Absent: Andrew Tuttle
Gary Johnson welcomed the new board members.
New Corporate Officers
Gary Johnson and Kathleen EckartLove: “Move to accept the current slate of the Executive Committee for the Board, as:
- Mark Bollman – President
- Earl Van Buskirk – Vice President
- Mark Haenlein – Treasurer
- Carrie Byrne - Secretary.”
The Board was reminded that the Executive Committee does business outside the meeting, but all issues still come down to a Board vote.
“We” and “they” language between E-Section and A-Section is a sensitive matter, however all Board members vote on all issues.
Closing Remarks
Next meeting scheduled for Saturday, June 4th at 9:00 a.m. at the Index Fire Station.
Respectfully submitted by,
Carrie Byrne
MIRCC Secretary