November 4, 2017
Mt. Index Riversites Community Club, Inc.
board of directors meeting
Board members present: Mark Bollman, Carrie Byrne, Brent Corey, Rebecca Davis, Kathleen EckartLove, CJ Holmes, David MacFarlane, Mat Williams, Earl Van Buskirk
Absent: Patty Harbaugh, Gary Johnson, Don Larsen
Owners and guests:
Julia Akin, Dan Harrison, Ben Keith, Mike Herman, Casey and Susan Rich, John Sharf
Committee Reports and Information
Executive Committee
Mark Bollman reported that Mark Haenlein resigned respectfully because he is out of town too much. Gary Johnson had a planned absence at this meeting.
Bollman said the Executive Committee has filed MIRCC’s tax return with the IRS. It also renewed MIRCC’s annual corporate report with the secretary of state and updated its corporate officers.
Budget & Finance
Earl Van Buskirk shared the financial report. Following are the highlights reviewed:
The bridge should be paid off to Acrow by the end of July 2018. We did not begin assessing property owners until the fiscal year following the bridge’s installation, so E-Section will be assessed for the bridge through another fiscal year.
Mat Williams asked whether Office Depot charges were for supplies. Mark Bollman confirmed that they were. We bought envelopes and toner for the printer to produce monthly statements. Van Buskirk added that in the future, we will look into emailing statements to people to cut down on costs.
Julia Akin inquired about when the matching bridge payments from PUD would expire. Van Buskirk said PUD had maxed out its $250k commitment for bridge payments earlier in the year. For the remaining 14 months, MIRCC will make the full bridge payment without assistance.
Collections
Earl Van Buskirk informed the group that Mike Kelly has decided to appeal the recent ruling of Snohomish County Superior Court in MIRCC’s favor. The case is now at the State Appeals Court. Kelly’s attorney notified MIRCC’s attorney of the appeal on Nov 1. It may be six more months before there is a final resolution of the case.
To date, Snohomish County Superior Court has directed Kelly to pay ~$22k. Kelly’s assessments annually have been about $300. The total amount the court expects Kelly to pay is roughly 70 years’ worth of assessments.
Casey Rich asked if MIRCC is paid interest for someone who is that delinquent on their account. Van Buskirk replied that it is. The total amount due in the end will include penalties, interest, and attorney fees. Kelly’s actual account delinquency is ~$4200 for the road assessments.
Legal/Ethics/Bylaws
Bollman stated that though Gary Johnson was not able to attend the November meeting, Johnson had emailed the Board two motions to review. Bollman said a vote on the motions would be taken under “New Business.”
E-Section Roads
Mark Bollman shared that the dump truck has been on E-section roads, and the grader should be on location at the start of the week. Gravel has been piled up in strategic locations for use by Paul Hery and volunteers.
Dave MacFarlane confirmed Bollman’s report.
Julia Akin said that she had noticed a crack in the blacktop around the catch basin going over the railroad bridge. She wanted to know whether the board was aware of it. Dave MacFarlane said he was watching it, but that since it can’t be fixed in the cold, he hoped it would hold up until next spring or summer.
Canyon Falls to Highway 2 Roads
Earl Van Buskirk remarked that in addition to the gravel delivered for E-Section roads, some was also piled up for the section of road from US-2 to the Canyon Falls Bridge.
Van Buskirk reported that there are two new signs at the green gate to instruct one vehicle per entry. Mat Williams said that A-Section would like a sign as well. Mark Bollman said that wouldn’t be a problem, since a few spare signs had been ordered in case they needed to be replaced.
Ben Keith inquired how the policy of permitting only one vehicle at a time through the gate could be enforced. He noted that it’s a safety issue and a problem for first responders. Keith asked whether there is an issue with people running into the gate due to tailgating.
Bollman said that it’s possible that a crew of work trucks would tailgate through the gate and interfere with its operation. There are also incidents of others tailgating. MIRCC posts signs to guide use of the gate and avoid damage.
Dave MacFarlane remarked that the gate closes faster than it opens.
A-Section and USFS 6020 Roads
Mat Wiliams reported that A-section roads have been graded three times and are in great shape. Ditching has begun in problem areas. Gravel is stockpiled for icy winter conditions to keep people from sliding. He said A-section is fairly prepared for winter. He added that A-Section is looking at ordering chains for road equipment, especially the grader.
Brent Corey said that during the massive rain last weekend, there was a slide at the top of Paytan Creek. All the culverts upstream plugged and water came down Paytan Creek road, causing trenches up to 20 inches deep. Corey and Williams had to do emergency road work to be sure people could get to their properties. Williams said that the emergency had created $711 in expenses, using up Paytan Creek’s budget for the year. The expenses included materials, time, and truck operation. Williams said the board will need to discuss a special assessment to cover future snow plowing and road maintenance needs.
Earl Van Buskirk said there is a tiny bit of Paytan Creek money left over from last year. The side road budget this year for Paytan Creek was $900; the board has collected $600. After the emergency, one owner supplied a check for $100.
Corey reported that Guy Bennett worked hard on emergency repairs; both Corey and Williams volunteered for four hours on a Sunday. They had to create an emergency culvert, blocking off 100 yards of road to save ¾ mile of road. Corey said he feared the slide above Paytan Creek Road has not finished moving. He said the way the ditches keep silting back up reminds him of Falls Place.
Priority Business
October Meeting Minutes
Bollman noted that Gary Johnson provided the October minutes for review and feedback in advance of the November meeting.
Rebecca Davis: “Move to approve the October meeting minutes.”
Approved: Yes – 4; Abstained – 4 (Byrne, Davis, Corey, and Holmes were absent from the October meeting.)
October Expenditures
Earl Van Buskirk: “Move to approve the Check Detail report for October expenditures.”
Approved: Unanimous.
Invoices detail
Charges and Invoices to be paid:
A-Section Checks:
New Business
Proposed Bylaws Amendment
In October, the board discussed the issue of how to handle elections when there are fewer nominees than open Board positions.
Motion proposed by Gary Johnson via email: “Move to propose to amend Paragraph 4.2 of MIRCC Bylaws by adding the following sentence: In situations where nominations for board seats are equal to or less than the number of open seats, it shall not be necessary to mail ballots to property owners. This proposal shall be mailed to all property owners in good standing and voted on at January 2017 board of directors meeting.”
Approved: Unanimous
Policy Statement Regarding Videos/Still Images from Gate Cameras
The topic of possession, retention, and distribution of video and still images captured at MIRCC gates was discussed.
Dave MacFarlane asked whether the board would save videos and images associated with questionable incidents. Mark Bollman said yes, those would be saved and archived.
Bekka Davis asked why images needed to be kept confidential. Bollman replied that MIRCC is a private corporation not obligated to share images or bound by public entity rules; however, because we want to support law enforcement, we have been giving footage to law enforcement officials on request. Davis said confidentiality in other circumstances was probably good idea, in order to protect the personal privacy of people going through the gate.
Brent Corey stated that the purpose of the cameras is to protect the gates from vandalism, period. We are protecting our property, not monitoring traffic in and out.
Ben Keith asked how long camera images are currently retained. Earl Van Buskirk said about 30 days, depending on the amount of activity.
Keith said that citizens in our community do have the right to subpoena the camera footage for prosecution or defense. He asked if there was a written policy for what we are doing with our camera system at the gate.
Bollman said there is no written policy yet. That is what we are trying to put in place now.
Van Buskirk drew an analogy between the gate cameras and security cameras in a retail location. An attorney would subpoena the content. We believe we are recording and storing what’s needed.
Dan Harrison asked about the memory capacity on the micro SIM cards in the cameras. Mat Williams replied that images are recorded to DVRs. Van Buskirk offered to discuss the technology further after the meeting.
Julia Akin said she’d had an incident at the green gate a little over a month ago. She was told the police were going to get the footage, but then they never got it. Van Buskirk said he was sure that the police did receive the footage; they got it at the time of the incident. Akin said the sheriff told her that officials didn’t have the footage and hadn’t seen it. Akin stressed that she wanted some accountability that it gets done.
Davis asked how the board could enforce handing over materials to law enforcement. Williams replied that no enforcement is needed; it’s part of an incident report.
Everyone was reminded that the purpose of video and still camera equipment at MIRCC gates is to protect MIRCC property and not police the community.
Motion proposed by Gary Johnson via email: “Move to approve Policy Statement: The MIRCC board of directors periodically receives requests for copies of video or still images captured by video cameras at the two community gates, typically after some incident has occurred. It shall be the policy of the MIRCC board that such video or still image materials will only be provided to law enforcement personnel.”
Approved: Unanimous
Letter to Weyerhauser regarding logging
Before the meeting, Mat Williams circulated a letter intended to make Weyerhauser aware of the vulnerability of slopes near Mt. Index Road to landslides, so that could be taken into account with regard to the company’s plans to log in the area. The letter included a cc to a contact at the Department of Natural Resources.
Mat Williams and Rebecca Davis: “Move to approve letter to Weyerhauser regarding proposed logging near Mt. Index Road.”
Approved: Unanimous
Discussion Topics
Child-Caused Damage to Green Gate
On October 26, two children of MIRCC owner/residents were caught on video damaging the green gate. The gate was broken. It had to be taken out of service while expensive repairs were made.
Mark Bollman reported what he had already discussed with the sheriff: Obviously, we cannot arrest a 6- and an 8-year old, but the parents are responsible. Bollman suggested that MIRCC make a formal request of the parents to cover the $1654.63 invoice from Universal Equipment for repair of the green gate arm. This letter would be the first step in the process of a small claim court action, if necessary.
Earl VanBuskirk: “Move to approve letter to Tammy Baumgartner and Amanda Rode demanding reimbursement for cost of repairing damage to green gate caused by their sons on October 26th.”
Approved: Unanimous
Closing Remarks:
The next Board meeting is December 2, 2017.
Respectfully submitted by
Bekka Davis & Carrie Byrne
MIRCC Secretary & Treasurer
Absent: Patty Harbaugh, Gary Johnson, Don Larsen
Owners and guests:
Julia Akin, Dan Harrison, Ben Keith, Mike Herman, Casey and Susan Rich, John Sharf
Committee Reports and Information
Executive Committee
Mark Bollman reported that Mark Haenlein resigned respectfully because he is out of town too much. Gary Johnson had a planned absence at this meeting.
Bollman said the Executive Committee has filed MIRCC’s tax return with the IRS. It also renewed MIRCC’s annual corporate report with the secretary of state and updated its corporate officers.
Budget & Finance
Earl Van Buskirk shared the financial report. Following are the highlights reviewed:
- A-Sec has a collection rate of 77%.
- E-Section has a collection rate of 86%. The collection of past-due funds contributed substantially to that number.
- Another $775 has been collected for Sims Defense this year, although it was due last year.
- Some unclassified Finance and General/Administrative charge appear in the consolidated profit and loss report; these will be classified by the bookkeeper into the right account.
- Income after expenses for E-Section is $152,999; income after expenses for A-Section is $35,022.
- The total checking account balance is $176,216, twice the amount in the bank as compared to the same period last year.
- Total remaining liabilities for the Canyon Falls Bridge—including both the loan from Acrow and owner loans—is $60,438.
- Current liability for gate access devices for both A-Section and E-Section is $7595. This amount represents deposits paid. Deposits are returned to owners when they return the clickers.
- A-Section has $85,142 in unpaid, aging assessments; E-Section has $193,609 in unpaid, aging assessments.
- Noteworthy collections in E-Section in October were:
- $1695.04 from wage garnishment from Ryan Peterson;
- $1377.04 from Bank of America on behalf of Robert Heintz as part of a bank foreclosure;
- $1,011 from the Thompson Family Trust;
- $986.43 from Brian Thompson after the sale of a lot.
- A-section finances remain in good shape, and the board continues to work to collect from A-section non-dues payers.
The bridge should be paid off to Acrow by the end of July 2018. We did not begin assessing property owners until the fiscal year following the bridge’s installation, so E-Section will be assessed for the bridge through another fiscal year.
Mat Williams asked whether Office Depot charges were for supplies. Mark Bollman confirmed that they were. We bought envelopes and toner for the printer to produce monthly statements. Van Buskirk added that in the future, we will look into emailing statements to people to cut down on costs.
Julia Akin inquired about when the matching bridge payments from PUD would expire. Van Buskirk said PUD had maxed out its $250k commitment for bridge payments earlier in the year. For the remaining 14 months, MIRCC will make the full bridge payment without assistance.
Collections
Earl Van Buskirk informed the group that Mike Kelly has decided to appeal the recent ruling of Snohomish County Superior Court in MIRCC’s favor. The case is now at the State Appeals Court. Kelly’s attorney notified MIRCC’s attorney of the appeal on Nov 1. It may be six more months before there is a final resolution of the case.
To date, Snohomish County Superior Court has directed Kelly to pay ~$22k. Kelly’s assessments annually have been about $300. The total amount the court expects Kelly to pay is roughly 70 years’ worth of assessments.
Casey Rich asked if MIRCC is paid interest for someone who is that delinquent on their account. Van Buskirk replied that it is. The total amount due in the end will include penalties, interest, and attorney fees. Kelly’s actual account delinquency is ~$4200 for the road assessments.
Legal/Ethics/Bylaws
Bollman stated that though Gary Johnson was not able to attend the November meeting, Johnson had emailed the Board two motions to review. Bollman said a vote on the motions would be taken under “New Business.”
E-Section Roads
Mark Bollman shared that the dump truck has been on E-section roads, and the grader should be on location at the start of the week. Gravel has been piled up in strategic locations for use by Paul Hery and volunteers.
Dave MacFarlane confirmed Bollman’s report.
Julia Akin said that she had noticed a crack in the blacktop around the catch basin going over the railroad bridge. She wanted to know whether the board was aware of it. Dave MacFarlane said he was watching it, but that since it can’t be fixed in the cold, he hoped it would hold up until next spring or summer.
Canyon Falls to Highway 2 Roads
Earl Van Buskirk remarked that in addition to the gravel delivered for E-Section roads, some was also piled up for the section of road from US-2 to the Canyon Falls Bridge.
Van Buskirk reported that there are two new signs at the green gate to instruct one vehicle per entry. Mat Williams said that A-Section would like a sign as well. Mark Bollman said that wouldn’t be a problem, since a few spare signs had been ordered in case they needed to be replaced.
Ben Keith inquired how the policy of permitting only one vehicle at a time through the gate could be enforced. He noted that it’s a safety issue and a problem for first responders. Keith asked whether there is an issue with people running into the gate due to tailgating.
Bollman said that it’s possible that a crew of work trucks would tailgate through the gate and interfere with its operation. There are also incidents of others tailgating. MIRCC posts signs to guide use of the gate and avoid damage.
Dave MacFarlane remarked that the gate closes faster than it opens.
A-Section and USFS 6020 Roads
Mat Wiliams reported that A-section roads have been graded three times and are in great shape. Ditching has begun in problem areas. Gravel is stockpiled for icy winter conditions to keep people from sliding. He said A-section is fairly prepared for winter. He added that A-Section is looking at ordering chains for road equipment, especially the grader.
Brent Corey said that during the massive rain last weekend, there was a slide at the top of Paytan Creek. All the culverts upstream plugged and water came down Paytan Creek road, causing trenches up to 20 inches deep. Corey and Williams had to do emergency road work to be sure people could get to their properties. Williams said that the emergency had created $711 in expenses, using up Paytan Creek’s budget for the year. The expenses included materials, time, and truck operation. Williams said the board will need to discuss a special assessment to cover future snow plowing and road maintenance needs.
Earl Van Buskirk said there is a tiny bit of Paytan Creek money left over from last year. The side road budget this year for Paytan Creek was $900; the board has collected $600. After the emergency, one owner supplied a check for $100.
Corey reported that Guy Bennett worked hard on emergency repairs; both Corey and Williams volunteered for four hours on a Sunday. They had to create an emergency culvert, blocking off 100 yards of road to save ¾ mile of road. Corey said he feared the slide above Paytan Creek Road has not finished moving. He said the way the ditches keep silting back up reminds him of Falls Place.
Priority Business
October Meeting Minutes
Bollman noted that Gary Johnson provided the October minutes for review and feedback in advance of the November meeting.
Rebecca Davis: “Move to approve the October meeting minutes.”
Approved: Yes – 4; Abstained – 4 (Byrne, Davis, Corey, and Holmes were absent from the October meeting.)
October Expenditures
Earl Van Buskirk: “Move to approve the Check Detail report for October expenditures.”
Approved: Unanimous.
Invoices detail
Charges and Invoices to be paid:
A-Section Checks:
- $45.55 – Paypal (yellow gate)
- $60.90 – Swizznet (office supplies)
- $27.28 – Bank of America (bank/merchant fees)
- $98.00 – Gold Bar MPO (postage/delivery)
- $4.00 – Secretary of State (licenses and permits)
- $61.64 – PUD (utilities/street lights)
- $113.82 – Office Depot (office supplies)
- $33.62 – Verizon Wireless (office supplies)
- $29.99 – Frontier Communications (office supplies)
- $168.00 – SLK Accounting Services (accounting services)
- $91.34 – Swizznet (office supplies)
- $40.93 – Bank of America (bank/merchant fees)
- $147.00 – Gold Bar MPO (postage/delivery)
- $6.00 – Secretary of State (licenses and permits)
- $170.74 – Office Depot (office supplies)
- $57.34 – Premier Wireless (office supplies)
- $732.03 – Paul Hery (green gate)
- $2,598.96 – Universal Equipment (road work)
- $3,388.77 – Owners’ bridge loan payments
- $4,736.17 – Acrow Corporation (bridge loan)
- $282.00 – SLK Accounting Services (accounting services)
New Business
Proposed Bylaws Amendment
In October, the board discussed the issue of how to handle elections when there are fewer nominees than open Board positions.
Motion proposed by Gary Johnson via email: “Move to propose to amend Paragraph 4.2 of MIRCC Bylaws by adding the following sentence: In situations where nominations for board seats are equal to or less than the number of open seats, it shall not be necessary to mail ballots to property owners. This proposal shall be mailed to all property owners in good standing and voted on at January 2017 board of directors meeting.”
Approved: Unanimous
Policy Statement Regarding Videos/Still Images from Gate Cameras
The topic of possession, retention, and distribution of video and still images captured at MIRCC gates was discussed.
Dave MacFarlane asked whether the board would save videos and images associated with questionable incidents. Mark Bollman said yes, those would be saved and archived.
Bekka Davis asked why images needed to be kept confidential. Bollman replied that MIRCC is a private corporation not obligated to share images or bound by public entity rules; however, because we want to support law enforcement, we have been giving footage to law enforcement officials on request. Davis said confidentiality in other circumstances was probably good idea, in order to protect the personal privacy of people going through the gate.
Brent Corey stated that the purpose of the cameras is to protect the gates from vandalism, period. We are protecting our property, not monitoring traffic in and out.
Ben Keith asked how long camera images are currently retained. Earl Van Buskirk said about 30 days, depending on the amount of activity.
Keith said that citizens in our community do have the right to subpoena the camera footage for prosecution or defense. He asked if there was a written policy for what we are doing with our camera system at the gate.
Bollman said there is no written policy yet. That is what we are trying to put in place now.
Van Buskirk drew an analogy between the gate cameras and security cameras in a retail location. An attorney would subpoena the content. We believe we are recording and storing what’s needed.
Dan Harrison asked about the memory capacity on the micro SIM cards in the cameras. Mat Williams replied that images are recorded to DVRs. Van Buskirk offered to discuss the technology further after the meeting.
Julia Akin said she’d had an incident at the green gate a little over a month ago. She was told the police were going to get the footage, but then they never got it. Van Buskirk said he was sure that the police did receive the footage; they got it at the time of the incident. Akin said the sheriff told her that officials didn’t have the footage and hadn’t seen it. Akin stressed that she wanted some accountability that it gets done.
Davis asked how the board could enforce handing over materials to law enforcement. Williams replied that no enforcement is needed; it’s part of an incident report.
Everyone was reminded that the purpose of video and still camera equipment at MIRCC gates is to protect MIRCC property and not police the community.
Motion proposed by Gary Johnson via email: “Move to approve Policy Statement: The MIRCC board of directors periodically receives requests for copies of video or still images captured by video cameras at the two community gates, typically after some incident has occurred. It shall be the policy of the MIRCC board that such video or still image materials will only be provided to law enforcement personnel.”
Approved: Unanimous
Letter to Weyerhauser regarding logging
Before the meeting, Mat Williams circulated a letter intended to make Weyerhauser aware of the vulnerability of slopes near Mt. Index Road to landslides, so that could be taken into account with regard to the company’s plans to log in the area. The letter included a cc to a contact at the Department of Natural Resources.
Mat Williams and Rebecca Davis: “Move to approve letter to Weyerhauser regarding proposed logging near Mt. Index Road.”
Approved: Unanimous
Discussion Topics
Child-Caused Damage to Green Gate
On October 26, two children of MIRCC owner/residents were caught on video damaging the green gate. The gate was broken. It had to be taken out of service while expensive repairs were made.
Mark Bollman reported what he had already discussed with the sheriff: Obviously, we cannot arrest a 6- and an 8-year old, but the parents are responsible. Bollman suggested that MIRCC make a formal request of the parents to cover the $1654.63 invoice from Universal Equipment for repair of the green gate arm. This letter would be the first step in the process of a small claim court action, if necessary.
Earl VanBuskirk: “Move to approve letter to Tammy Baumgartner and Amanda Rode demanding reimbursement for cost of repairing damage to green gate caused by their sons on October 26th.”
Approved: Unanimous
Closing Remarks:
The next Board meeting is December 2, 2017.
Respectfully submitted by
Bekka Davis & Carrie Byrne
MIRCC Secretary & Treasurer