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LAKE VIEW ESTATES PROPERTY OWNERS ASSOCIATION

ANNUAL MEETING

May 1, 2017

 INVOCATION

Dick Dayton provided the invocation.

CALL TO ORDER

The nineteenth annual meeting of the Lake View Estates Property Owners Association was held May 1, 2017 at the Foley Civic Center. President Dick Dayton called the meeting to order at 6:00 p.m. Board members present: Rick Southworth, Kathy Menk, Ann Bacher & Gerald Vanderpoorten.   There was a quorum of homeowners present by attendance or proxy, so the meeting was valid according to the bi-laws.

WELCOME

President Dick Dayton welcomed everyone to the meeting.

INTRODUCTIONS

The Board Members each gave a brief biography and explained their office.

PRESIDENT - SYNOPSIS OF 2016-2017

1. Bad debt of over $11,228 was collected from some residents. Currently, only $300 is owed.

2. The previous accountants charged $7500 per year. We changed accounting firms and now pay $3,275 per year.

3. The City of Foley required the ditch on Clubhouse Dr to be rebuilt. At an investment of $9500 this was completed and we avoided a fine by the city.

4. The sign on Co Rd 20 / Fairway Dr was replaced. See the Beautification report for further details.

5. The largest expense to date is the BCSS lawsuit. It is ongoing for 8 years now and is hopefully, coming to closure within the next 2 years. We will spend approximately $7,500 this year. Judge Norton has not been a friend of Glenlakes but was over-ruled by the Alabama Supreme Court and we are hoping for a successful jury trial in the future with possible refund of some of the funds spent to date.

6. The coming year, we are going to concentrate on capital improvements of the common Grounds maintenance to keep the ditches clean and to eliminate pests in the lake, as necessary.  This also includes adding a sprinkler system at the Co Rd 20 / Fairway Dr entrance. This should keep the WOW factor in the neighborhood and keep property values high.

7. Lake View Gardens – The property has been sold and many efforts to contact the new owners have failed. We would like for that subdivision to be under the same association and covenants as Lake View Estates in order to protect the property owners on Wedgewood Dr and Fairway Dr. however it seems that it will be a separate subdivision and not under our  control in any way at this time.

NOMINATIONS FROM THE FLOOR

There were no additional nominations from the floor for the Lake View Estate POA Board vacancy.

REVIEW OF THE 2 PROPOSED COVENANT CHANGES

3.15 Mailboxes and Newspaper Boxes

 The change is to make the street numbers required and legible on the mailbox or post.

This will make the home readily identified by emergency agencies during a crisis.

 

3.04 Maintenance

  • The changes are that shrubs must be trimmed as needed and that during the growing season (March through October), lawns must be cut at least once (1 time) per week whether the house is occupied or not. Every tow (2) weeks, edge along all paved surfaces, including street gutters; remove or cut weeds from gutters, landscaped areas and from around trees, signposts and etc. During the balance of the year, do all of the maintenance requirements on an “as needed” basis.
  • Vacant lots:
  • During the growing season (March through October) mow lots a minimum of every two (2) weeks  and edge along all paved surfaces. Remove or cut weeds from gutters, around trees & signposts and etc. During the balance of the year, do all of these maintenance requirements on an “as needed” basis.
  • Discussion:

1. Fran Clement stated that covenant 3.04 is micromanagement and impossible to enforce.

2. A resident asked a question about installing a larger mailbox. This is an issue for the ARC Committee to decide after review of the ARC form submitted by the resident.      Another resident stated that a larger mailbox is not necessary since boxes are delivered to the front door by the postal service.

3. A resident questioned the construction of a home on Wedgewood Dr that was starting, has wood and dirt piled on the lot but no further progress for months.  This lot does not belong to Lake View Estates and we have no control over it. Construction was stopped due to a drainage problem and the contractor refusing to build the home the City of  Foley may have some jurisdiction in this situation.  Ballots were passed out to those residents who had not voted yet and collected for the Election Committee.

FINANCIAL REPORTsee attached

Kathy Menk, Treasurer report:

  • On last year’s budget, we ended the year showing a profit of $1,401 instead of a $4,742 loss as expected. This was due to the collection of bad debts by Dick Dayton and reduction of the accounting fees.
  • The unknown for this year is the BCSS lawsuit and it has been budgeted $7,500 for legal fees.
  • We dissolved 2 CD’s due to needing cash to pay for the BCSS lawsuit.
  • There were no questions and the financial report was approved.

AUDIT COMMITTEE REPORT – Linda Hewitt

Linda Hewitt, Merlene DuBose, Ann Axetell and accountant Kim Konier performed the audit. There were no irregularities found other than an invoice that was not retrievable from an older computer. 

The committee complimented Kim Konier on her professionalism and helpfulness.

SUGGESTIONS:

1. All invoices should be presented in printed form in the future.

2. The use of checks instead of Bill Pay was questioned, but due to so few checks being processed each month, Bill Pay is not necessary.

3. The Treasurer should train an assistant from the Board to substitute when the treasurer is out of town or ill.

The Audit was approved.

BEAUTIFICATION COMMITTEE - Sylvia Womack Chairperson

The Beautification Committee members are Fred Blake and Bob Elick

1. Annual plantings are in Spring & Fall for entrances on Fairway Rd & Co Rd 20, Fairway Dr and Co Rd 12, Lakeview Dr and Co Rd 12 & Eagle Lane and Co Rd 12.

Only roses were planted on Lakeview Dr and Co Rd 12 because there are no sprinklers and annuals would not survive.

2. At Christmas, The Villas contributed to our decorations at the entrances.

3. We have a contract with 2 people to plant, weed, prune, spray & fertilize the plants furnished by the committee. They also remove garbage at the Pavilion Park.

4. Sylvia researched the new sign at Co Rd 20 and Fairway Dr. She presented 3 bids and make visits to Councilman Wayne Trawick and the City of Foley to ask for and secure $6,185 of the $11,055 cost of the sign. The Villas also contributed $870, their prorated share, so that their name could be on the sign. Lake View Estates contributed $3,900.  

A special thanks was given to the Mayor of Foley, the City of Foley and the City Council members for their assistance and contribution to the sign project.

5. Orange Beach contributed free top soil for the entrances. The committee only had to rent a truck to pick up the dirt.

6. This year’s big project is a sprinkler system that will be installed at the entrance of Co Rd 20 and Fairway Dr.

7. Volunteers and plant suggestions are welcome.

The Beautification Committee report was approved.

PAVILION PARK – Dick Dayton

We need to use the park more since it was a large investment of around $25,000 in funds over the years. It is well maintained and any suggestions for better usage of the park will be welcomed.

LAKE MURIEL REPORT - Harold Crosby Chairperson

Harold has experience from managing lakes at his personal farms and he routinely seeks advice from the fish biologist is Spanish Fort and sends water samples to Auburn for quality checks.  He is chairperson for the lake and the island.

The Villas now contribute to the cost of maintaining the lake and are allowed to use the lake and Pavilion Park.

Fish keepers have been added to the lake to protect our fish investment. The lake quality is good, as reported by Auburn University. Please be aware that the pesticides and fertilizers you use on your property may eventually end up in the lake. Follow directions on packaging. Nutria and beaver were removed from the lake to protect the dam and your property at the water’s edge.

Harold will be poisoning the Popcorn (Chinese Tallow) trees to keep them from taking over the island.

A big problem is the use of the lake by non-residents. They are stealing your property since you are paying around $1500 per year to purchase the fish and they are keeping the large brood fish. Harold and Roger Moore will ask for your driver’s license to see if you are a resident. If you have a guest who wants to fish, the resident must accompany the guest.

Return fish over 14 inches back into the lake since they are the brood fish and this will keep the bass population at appropriate levels. Please keep all fish under 14 inches.

Call the police if you find someone who doesn’t belong on our lake.

Question:

Some residents are only part-time in the area and have out-of-state driver’s licenses. Should we have permits issued to prove who the residents are?

The Board will reconsider the option.

The Lake Muriel Report was approved

ARCHITECTURAL REVIEW COMMITTEE REPORT – Gerald Vanderpoorten

There were 80 requests in the 2016-2017 fiscal year. The items representing 64% of all requests were:

9 roof replacements

9 paint requests

5 fences on side of homes to hide garbage cans, trash cans & etc.

8 window replacements

8 gutters

5 new or repaired sunrooms

4 front or side doors

3 new garage doors

If you need an ARC form, look on the Glenlakes web site http://www.glenlakesfoleyal.com  or call / email Gerald and he will assist you.

Anything you do to the exterior of your home, even if it is the same color, submit a form to the ARC first. If a new neighbor is ready to make changes, please tell them the proper procedure and possibly save them money in the future.

 

The  ARC report was approved.

BCSS LAWSUIT – Dick Dayton for Dan Gormley

We will continue to fight BCSS to prevent them from having unrestricted ability to charge our residents for their sewer service. The Alabama Supreme Court ruled against Judge Norton for not adhering to points of law in our case. We will eventually be granted a jury trial which is expected to rule in our favor.

The BCSS report was approved

APPROVAL OF MINUTES

The minutes of the 2016 Minutes from the Annual Meeting were approved.

2017 ANNUAL MEETING VOLUNTEER RECOGNITION

We want to extend a special thank you to all the volunteers who assisted in making the Annual Meeting a success.

Fred Blake  Bob Elick  Andy Furr   Shelby Kettle

Paul Neenan  Sheila Morgan  Ken & Jan Taylor  Ann Axetell

Harold Crosby  Dick Green  Ken & Lynn Ferguson  Mo Menk

Mike Bacher  Merlene Dubose Linda Hewitt

 

NEW BUSINESS:

Speeding

1. Dan Barberi stated concern over the speeding in the subdivision. He will investigate having the City of Foley determine if more 25 mph signs can be installed.

2. A suggestion of speed bumps met strong disapproval of many of the attendees.

3. A suggestion for the possibility of having radar signs posted so that residents can view their speed.

4. Repaving Roads in Glenlakes

The city was supposed to repave our roads in 2017, but Councilman Trawick reported that it was not supported by the budget this year.

5. Co Rd 12

The city needs to be reminded to paint the road stripes so the edges can be seen in inclement weather.

6. Guardrails over culverts

The Board will revisit the placement of guardrails on the bridges since there is a 6 to 8 foot drop off the road.

7. Lake View Gardens

Sherry Drozd questioned whether a green zone can be developed between Lake View Gardens  and Lake View Estates homes on Wedgewood Dr & Fairway Dr.

Follow up on 5/2/17 by Ann Bacher.

Melissa at the Foley Planning Commission researched and stated that no changes will be allowed to the approved plan for Lake View Gardens. There is a 15 foot drainage zone in the current plan, but no one will be allowed to plant or install anything in that area between the Lake View Garden lots and Lake View Estate lots. If the new owners submit a different plan, the public will be able to listen and voice opinions at that time.

VOTING SUMMARY

Number of votes cast  217

The following candidate for the Board was elected and will be sworn in at a Lake View Board POA meeting on May 8, 2016.

Lauren Little was elected to the Board

 Based on 369 lot owners, 185 “yes” votes are required to pass an amendment

Amendment 1  (3.15- Mailboxes)  190   Yes 25  No  PASSED

Amendment 2  (3.04- Maintenance)  155   Yes 59  No  FAILED

The election tally was approved.

COMMITTEE VOLUNTEERS ON THE 2017 -  2018  SIGN UP SHEETS

Thank you to all who signed up to volunteer for Lake View Estates committees. We look forward to working with you to make our subdivision better.

 

Beautification –  Lauren Little, Joan Belinger

Welcoming -  Lauren Little, Ann Bacher, Shelby Kettle, Joan Belinger

Annual Meeting - Chris Vanderpoorten, Ann Bacher, Jim Little

ARC -    Need volunteers

Audit -   Need volunteers

 ADJOURNMENT

The meeting was adjourned at 8:00 p.m.

Respectfully submitted:

Ann Bacher, Secretary

Lake View Estates POA

OWA PRESENTATION

Kristen Hellmich

Director of Marketing & Public Relations

SUMMARY

Planned hours of operation

1. Marriott Hotel- official opening is June 12, 2017

2. Event Center – Late August, 2017. A gymnastic competition will be held in October.

3. Retail & Dining section – open all year like a mall. No admission fee.

4. Amusement Park – Opens in mid-July. It will likely have hours from 10 AM to 10 PM on Monday thru Friday during peak season. In slower months, the times and dates may be different, but always open on weekends.

Project in general

1. Sidewalks will be interconnected with all the city sidewalks and to Tanger Mall and the Sports Fields.

Entrance Fees

1. The Amusement Park will require a single gate fee that will be good for the day if you leave and return.

2. Package fees – senior, military & children ages

3. No fee for parking or for going into areas other than the amusement park.

Island – 400 seat amphitheater with a lake. You can picnic there and there will be a concert series in the Fall.

Restaurants

Still in the planning stage and no announcement yet as to which restaurants are coming. They will not compete with the existing business. They will be totally different and new to this area and even the state.

Shuttles

They are in the working, but will not be on board immediately. It will probably also go to Tanger Mall and the Sports Field when it is present.

Traffic Issue

Experts in traffic have been hired to design additional traffic lights and turn lanes. Time will tell if it is adequate or needs to be changed, but it is very much a concern.

Attendance

During peak season, 3500 - 4000 visitors are expected daily.

Employees

The first auditions will be held soon. Many will be part-time. The minimum pay will be $13.50 / hr.

Standards will be high.

 

LAKE VIEW ESTATES PROPERTY OWNERS ASSOCIATION

ANNUAL MEETING

May 2, 2016

 CALL TO ORDER

The eighteenth annual meeting of the Lake View Estates Property Owners Association was held May 2, 2016, at the Foley Civic Center. President Dick Dayton called the meeting to order at 6:00 p.m. Board members present: Ron Morgan, Frank Rikard, Kathy Menk & Ann Bacher.

There was a quorum of homeowners present by attendance or proxy, so the meeting was valid.

INVOCATION

Pastor Michael Bonham gave the invocation.

WELCOME

President Dick Dayton welcomed everyone to the meeting.

INTRODUCTIONS

President Dayton introduced Board Members and City of Foley guest Police Chief David Wilson.

PRESENTATION BY THE POARCH CREEK INDIAN ENTERPRISES

Tim Martin, President of the Poarch Creek Indian Enterprises Development Authority and Kristin Roberson, Marketing Director presented the plan for the new development on the Foley Beach Express and Co Rd 20.

They have a first-class development planned and are making every effort to keep noise under control and to have a park that will serve everyone. A traffic control system will be designed to minimize congestion. Residents are encouraged to call 251-923-2111 or stop by their construction office if they have questions

NOMINATIONS FROM THE FLOOR

One nomination was received from the floor for the Lake View Estates POA Board by Ron Morgan for Davey Jones. Mr. Morgan read a biography of Mr. Jones’ experience and his nomination was entered.

APPROVAL OF MINUTES

Dick Dayton moved to approve the minutes from the 2015 Annual Meeting.  The minutes were approved.

REMARKS BY THE PRESIDENT OF THE POA

  • President Dayton remarked that the amendments on the ballot were primarily to clarify the amendments already on record. Residents were requested to complete their ballots for collection and tally by the Election Committee.
  • A resident suggested a change to the wording on amendment 3.07 concerning hurricane shutters. Since votes had already been submitted by mail, this request was invalid and must be addressed at the next annual meeting, if requested. Also, a resident stated that since some clear shutters had been approved by board members in past years, he questioned why they are not approved at the present time for any residents requesting the same type of clear shutters and allowed to be installed year round.
  • He mentioned concerns for entrance to Fairway Drive from Highway 20. Volunteers are requested to give ideas for this entrance.
  • FINANCIAL REPORTsee attached

Kathy Menk, Treasurer reported:

  • As of May 1, 2016, we have $31,513 in cash. Two of the major expenses for 2015-2016 were the repair of the ditches in the neighborhood and the legal fees for the BCSS lawsuit.
  • The budget for fiscal year 2016-2017 will have two large expenses: the signage for Co Rd 20 and Fairway Drive and the legal fees for the lawsuit against BCSS.
  • AUDIT COMMITTEE REPORT

Merlene DuBose, Linda Hewitt, Sue Loken and accountant Alesia Campbell from the firm of Johnson, Slaughter, Driver and Northcutt performed the audit. There were no irregularities found. 

BCSS LAWSUIT -

Dan Gormley reported that the mediation hearing on April 26, 2016 resulted in a deadlock with no resolution. The next step is to appeal to the Alabama Supreme Court to decide if we proceed to a trial by jury with the same judge as the first judgment. The appeal to the Alabama Supreme Court will take approximately another year at a cost of around $50,000. Lake View Estate’s portion will be around 60% of that cost based on the number of residents in our subdivision. Another option is to convey the sewer lines to Riviera Utilities for our sewer service with rates regulated by the state based on water consumption. A one-time capacity fee of $600 to $800 per lot will be charged to insure they can handle our subdivision and it will be paid on an installment program over 6 to 8 months.

LAKE MURIEL REPORT - Dick Dayton reported for Harold Crosby.

Fish have been added to replace the carp which have washed over the dam & bass have been added to keep up the population. He has added PVC fish keepers and Christmas trees for protective structure for the fish. The lake quality is good, especially since the ditches have been treated. Please keep all fish under 14 inches. Return fish over 14 inches back into the lake since they are the brood fish and this will keep the bass population at appropriate levels.

ARCHITECTURAL REVIEW COMMITTEE REPORT

Frank Rikard reported there were 68 requests in the 2015-2016 fiscal year. The largest items were:

8 roof replacements

6 paint requests

6 fences on side of homes to hide garbage cans, trash cans & etc.

4 window replacements

4 gutters

Frank announced his retirement after 13 years as chairperson of the ARC Committee. He will be greatly

missed and we thank him for his service.

VOTING SUMMARY

The following candidates for the Board were elected and they will be sworn in at a Lake View Board POA meeting on May 9, 2016 and the offices will be determined at that time.

 Rick Southworth

 Davey Jones

Number of votes cast  200

Based on 369 lot owners, 101 “yes” votes are required to pass an article of incorporation

Article of Incorporation (3b) 172  Yes 25 No  PASSED

Based on 369 lot owners, 185 “yes” votes are required to pass an amendment

Amendment 1  (3.05)  163   Yes 31  No  FAILED

Amendment 2  (3.04)  163   Yes 28  No  FAILED

Amendment 3  (3.07)  164   Yes 29  No  FAILED

Amendment 4  (3.15)  173   Yes 21  No  FAILED

2015 ANNUAL MEETING MINUTES

The minutes were approved.

ADDITIONAL QUESTIONS:

  • Progress of Lake View Gardens
  • The plats have been revised by Dr. Monteil  and approved by the City of Foley. The drainage plans have not been approved by the city and must be completed and approved before building can proceed.
  • Resurfacing of roads
  • The City of Foley informed us that they have plans for the roads to be resurfaced in 2017.
  • Street lighting
  • A resident stated that lighting is poor in some areas. The lights are owned by the City of Foley and the resident needs to contact the city and request that they evaluate the situation for possible additions.
  • Water drainage causing potholes
  • At Bunker and Lakeview Drive, drainage is causing the street to develop new potholes. The streets are the property of the City of Foley. Residents need to contact the city to correct problems caused by city property.
  • COMMITTEE VOLUNTEERS ON SIGN UP SHEETS

Thank you to all who signed up to volunteer for Lake View Estates committees. We look forward to working with you to make our subdivision better.

ARC –    Theresa Moulse & Charles Tindall

Beautification –  Mitzi Alemond

Welcoming -  Lynn Ferguson

ADJOURNMENT

The meeting was adjourned at 8:15 p.m.

Respectfully submitted:

Ann Bacher, Secretary

Lake View Estates POA

 

LAKEVIEW ESTATES PROPERTY OWNERS ASSOCIAITON
ANNUAL MEETING
May 4, 2015

 CALL TO ORDER

The seventeenth annual meeting of the Lakeview Estates Property Owners Association was held May 4, 2015, at the Foley Civic Center. President Dick Dayton called the meeting to order at 6:00 p.m.

There was a quorum of homeowners present by attendance or proxy, so the meeting was valid.

Pastor Michael Bonham gave an invocation.

WELCOME

President Dick Dayton welcomed everyone to the meeting.

INTRODUCTIONS

President Dayton introduced Board Members who were seated on the stage; Joni Loock sat in for Ann Bacher who was out of town, Treasurer Ed Solomon, DeAnn Gardner and Sylvia Womack who sat in for ARC Chairman Frank Rikard who had recent surgery.

CITY OFFICALS

President Dayton introduced the special guests: Police Chief David Wilson; and Fire Chief, Joey Darby.

Comments by Chief Wilson: There was one murder this year, which is the first in five years. 46% of thefts are from shoplifting. There were 13 robberies and 117 car break-ins. However, there has been a significant decrease in all areas. Chief Wilson noted that we have a strong neighborhood watch program. 

Comments by Chief Darby: The new fire station should be completed in June with a move-in date at the end of August. There has been an increase in activity of 20%. They respond to calls for accidents and serious illnesses.

Questions from the residents:

  • Dan Barberi requested information on Highway 20 and the large number of potholes.
  • Tom Clement questioned the rating for insurance.  Lakeview Estates is classified as a Class 3.
  • Dave Krosnicki asked about driving a golf cart down the bicycle path.
  • APPROVAL OF MINUTES

Dick Dayton moved; Joni Loock seconded; to approve the minutes from the 2014 Annual Meeting.  The minutes were approved.

REMARKS BY THE PRESIDENT OF THE POA

  • President Dayton thanked Ed Solomon for serving six (6) years on the Board and for serving as treasurer. He will be difficult to replace.
  • Dayton spoke regarding the addition of new homes and the seriousness of drainage problems.
  • One problem is a drainage ditch between two properties on Clubhouse Drive. A firm has been hired for a contracted amount of $8,980 to fix the ditch. All ditches will be sprayed routinely to prevent weed growth. This will not cause harm to the fish in Lake Muriel.
  • He mentioned concerns for entrance to Fairway Drive from Highway 20. Volunteers are requested to give ideas for this entrance.
  • New American flags have been ordered.
  • A collection agency is working on three individuals, who owe $10,000 collectively.
  • Jerry DuBose questioned the number of votes to pass covenant changes. There are not enough votes.
  • Candidates for the Board were introduced. The following were elected:

 Mitzy Alemond

 Dick Dayton

 Kathy Menk

 The elected board members will be sworn in at the Lakeview Board POA meeting on May 11, 2015 and the offices will be determined at that time.

FINANCIAL REPORT

Ed Solomon, Treasurer, presented a secure financial picture.

  • Total cash in the bank is $47,860. $21,738 is in our checking account. $21,000 is the amount of pre-paid homeowner dues–those that have already paid before May 1, which is the start of our fiscal year.
  • The financials show a loss for the year of $4,300 and while we always budget a loss of $1,500 (Depreciation Expense) the additional loss for this year was due primarily to the BCSS lawsuit. We did a good job of controlling other expenses.
  • The budget for next year is basically the same as this year with the addition of two large items, which will basically deplete most of our reserve funds. Solomon reminded the homeowners that the IRS takes a dim view of non-profit institutions having more than three consecutive years of positive net income. 
  • $2,943 was spent to enclose the ceiling in the pavilion. 
  • We have also paid $6,577 for our portion of the lawsuit against BCSS.
  • In the proposed budget, there is $11,150 for the entranceway at Fairway and $7,500 for the repair of the ditch. We will end up with a loss of $19,000 in the budget for next year with those two one-time expenses.
  • Davey Jones questioned the amount spent on insurance. 
  • Ed Solomon responded to the question.
  • Ken Haynes asked about the lawsuit against BCSS.  Dan Gormley responded.
  • AUDIT COMMITTEE

The following individuals were elected to the Audit Committee:  Sue Loken, Linda Hewitt, and Merlene DuBose. 

ARCHITECTURAL REVIEW COMMITTEE REPORT

Sylvia Womack requested that residents remember to submit the necessary papers to the ARC if any changes to your property are considered.  She also commented on the 68 requests that were submitted. Most were roofs, fencing, color changes, etc.

NEW BUSINESS

  • Harold Crosby gave a report on Lake Muriel.  They have added fish and you are asked to throw back any fish larger than 14 inches.  There are no longer permits to use the lake, and only residents of Lakeview Estates are eligible to fish.
  • Dan Gormley gave a lengthy update on the Baldwin County Sewer lawsuit that is pending.  He gave the history of the agreements between Glenlakes and the BCSS and how we got to this point.  The other POAs are participating in this lawsuit since we feel that BCSS is in breach of the original agreement.
  • Jerry DuBose reported on beautification plants.  He stated that most of the activities could be found on www.glenlakesfoleyal.com
  • Diercks expressed concern over the speeding in our community.
  • Michael Bonham questioned if the city cleans the streets and also if the trash collectors have other means of picking up the trash that does not harm the lawns.
  • Karen Krosnicki suggested that we limit the time of the annual meeting to one and one-half hours.
  • The meeting was adjourned at 8:15 p.m.

 

LAKE VIEW ESTATES PROPERTY OWNERS ASSOCIAITON
ANNUAL MEETING
May 5, 2014

 CALL TO ORDER

The sixteenth annual meeting of the Lakeview Estate Property Owners Association was held May 5, 2014, at the Foley Civic Center.  President Mary Ann Whatley called the meeting to order at 7:00 p.m.

LAKE VIEW ESTATES PROPERTY OWNERS

54 members present; 54 proxy/mail-in ballots = 108 attendees and proxies.  There was a quorum of homeowners present by attendance or proxy, so the meeting was valid.

WELCOME

President Mary Ann Whatley welcomed everyone to the meeting.

INTRODUCTIONS

President Whatley introduced Board Members who were seated on the stage; Secretary Joni Loock, Treasurer Ed Solomon, DeAnn Gardner and ARC Chairman Rick Southworth.

CITY OFFICALS

President Whatley introduced the special guests: Police Chief David Wilson; and Fire Chief, Jodie Darby

Chief Wilson spoke regarding the recent storm.  There is damage in Glen Lakes, but they will take care of it.  Crime has had no murders in four (4) years.  Burglaries have increased.  Crooks stated that they think the people in Glenlakes are “rich,” and that is why they come here first.

Jodie Darby stated that the department has had only had one fire-related death.  The fire department has made 1000 responses.  They are busy making contacts in the community.  The fire station in Glen Lakes has issued bids due back on May 22.  Hopefully, construction will start after that date.  The goal is to be completed by the end of the year. 

The mayor was unable to attend because he was delayed in traffic coming back from Mobile.  Joni Loock asked about the red stakes in yards along CR12, but neither chief could speak knowledgeably about them.

APPROVAL OF MINUTES

Joni Loock moved; Jim Coleman seconded; to approve the minutes from the 2013 Annual Meeting.  The minutes were approved.

REMARKS BY THE PRESIDENT OF THE POA

President Whatley thanked Joni Loock for serving six (6) years on the Board and for serving as secretary.

President Whatley announced the candidates for the Board:  Rick Southworth, DeAnn Gardner, and Debra Housch.  She asked if there were nominations from the floor.  Jerry DuBose nominated Ann Bacher.  Debra Housch asked if Ann was willing to run.  The answer was affirmative.  There was an extremely long discussion about whether President Whatley would resign before or after the meeting.  President Whatley had only sold her home two weeks before the meeting and the homeowner notifications, ballots and other materials had been sent out.  Solomon explained that the bylaws do not cover someone selling their home who is a member of the Board, and that the Board had asked President Whatley to remain until after the meeting so that she could preside legally and that there would not be four of the five positions elected in one year.  Jerry DuBose took exception to this, and Ray Lorentz also spoke to allowing the four positions, and that we should have had time to send out notification.  After further discussion, Solomon suggested a compromise that would allow the three vacant positions to be elected for three-year terms, and that Ms. Whatley’s position would be appointed for a one-year term to fill the remainder of her elected term of office, and that her position along with Mr. Solomon’s would be up for election next year.  That way we would have three officer positions elected this year and two the next.  All agreed.

FINANCIAL REPORT

Ed Solomon, Treasurer, presented a secure financial picture with total assets of $62,864 including cash and fixed assets. Total cash in the bank is over $42,000. There is $38,777 total income including transfer fees of $575 when property is sold (23 properties have been sold which is 8% of the total homes in Lakeview Estates).  The only unusual expense was $1,500 in legal fees which was our part for the coming lawsuit against BCSS.  We had net income of over $5,000 with dues of only $80 this year.  Solomon reminded the homeowners that the IRS takes a dim view of non-profit institutions having more than three consecutive years of positive net income.

Solomon reviewed the budget for the next year with an increase in dues to $90 to primarily support $2,500 in legal fees if we continue with the BCSS lawsuit, $5,000 in Beautification Expense as we are trying to outsource the maintenance of our three entranceways with the resignation of the Beautification Committee and wanting to get away from “volunteers” doing this work, and $1,100 paid to the golf Course to maintain the Clubhouse Drive/Dr 20 entrance.

Richard Dayton questioned the accounting fees and how many hours this represented.  Treasurer Solomon responded explaining the duties of the accounting firm and that the amount is in line with the amount of work when he was doing it himself.  There is much more to it as they collect dues, pay bills, bill for lawn service, etc.

Gene Voelk asked where the vacant lots are as mentioned in “Vacant Lot Mowing.”

Treasurer Solomon explained which lots and homes are included in this budget item, and that we recoup the expense by collecting fees from the homeowners.  There is no net cost to the Association and the term “Vacant Lot” also includes lots with homes on them.  Fred Blake questioned why we would pay the Golf Course to maintain their entranceway.  Rick Southworth responded that it was the primary entrance to Glenlakes and that the other POAs were also asked to contribute to the upkeep of this entrance. 

Ray Lorentz had questions concerning the entrances and why we did not get the Golf Course committee responsible for their entrance to oversee our three entrances as well.  He agrees to serve on the committee to direct care of the entranceways.   

Sylvia Womack asked about refurbishment of entranceway at Hwy 20 and Fairway and why we would have Reserve Funds for that.  Solomon explained that the Reserve Funds were for any emergency, and he expected that entranceway to be torn down by the City when the new fire station is built so that the trucks could get into and out of our neighborhood.  Ms. Womack suggested that they could go the CR 12 entrance to exit the neighborhood for could have a street built directly to CR20 and leave the entrance as it is.  Solomon explained that we would not want fire trucks driving rapidly through our neighborhood to get out in an emergency, and that David Vosloh owned the land in front of the new fire station on CR20.  He donated the land, and it fronts of Fairway Drive.  This entire issue had been explained last year at the Annual Meeting, and at this point, it was unsure whether the entrance would be torn down or not, but we have the funds in case it has to be rebuilt.

Doug Harrall, Lake Chairman, discussed replenishing the lake with lake carp.  At this time there are no carp available due to the heavy rains.  They will be purchased next year.  The carp that are present in the lake and too large and no longer eat grass—they eat smaller fish.

Tanya Blair moved; Jeanita Hicks seconded to accept the budget.  The motion passed. 

ARCHITECTURAL REVIEW COMMITTEE REPORT

Rick Southworth, ARC Chairman, requested that residents remember to submit the necessary papers to the ARC if any changes to your property are considered.  He also commented on the construction of a house on Lakeview Drive.

NEW BUSINESS

President Whatley announced that Linda Terry and Jennie Rikard are serving as a Welcoming Committee.

Dan Gormley gave a lengthy update on the Baldwin County Sewer lawsuit that is pending.  He gave the history of the agreements between Glenlakes and the BCSS and how we got to this point.  The other POAs are participating in this lawsuit since we feel that BCSS is in breach of the original agreement.  The BCSS will request that the judge dismiss the claim by Glenlakes on May 20, 2014, stating that the original agreement is not valid.  We, of course, will object.  Dan suggested that as many people as possible be present.  Tanya Blair asked if the judge was an elected position, and asked everyone to contact the judge to remind him that his election will be coming up, and we have a very large group of people.

Solomon moved; Gardner seconded to move the meeting time for the Annual Meeting in 2015 to 6:00 p.m.  The motion passed.

RESULTS OF VOTES FOR OFFICERS

Jim Loock announced the results of the voting.

Rick Southworth was elected to a three-year term.

DeAnn Gardner was elected to a three-year term.

Ann Bacher was elected to a three-year term.

Solomon moved; Southworth seconded to have Debra Housch serve a one-year term to replace Mary Ann Whatley.

Ed Solomon moved to adjourn the meeting; Southworth seconded the motion.  There being no further business, the meeting was adjourned at 9:03 p.m.

LAKEVIEW ESTATES POA
ANNUAL MEETING
May 6, 2013

 ALL TO ORDER

The fifteenth annual meeting of the Lakeview Estate Property Owners Association was held May 6, 2013, at the Foley Civic Center.   President Mary Ann Whatley called the meeting to order at 7:00 p.m.

LAKE VIEW ESTATES PROPERTY OWNERS

61 members present; 28 proxy/mail-in ballots; 57 electronic proxy/ballots = 146 attendees and proxies.

WELCOME

President Mary Ann Whatley welcomed everyone to the meeting.

I NTRODUCTIONS

President Whatley introduced Board Members who were seated on the stage.  Secretary Joni Loock, Treasurer Ed Solomon, and ARC Chairman Rick Southworth.

CITY OFFICALS

President Whatley introduced the special guests:  Mayor John Konier; Wayne Traywick, Council Member; Police Chief David Wilson; Chad Brewer, Deputy Fire Chief; and Michael Thompson, City Administrator.

Mayor Konier responded to questions from a resident regarding a water insurance plan.  The City does not recommend it.  Dan Barbari asked about the land on Beach Express and County Road 20. 525 acres are being developed.  Traffic will be improved when the Beach Express is open to Highway 10 in 2014.  Traywick stated that the drainage will be corrected.  Bob Furmaga pointed out the problem with speed on County Road 12.  Chief Wilson will discuss the subject further and will place police officers on the road from time to time.  Major Jones also pointed out the speed problem. 

Ed Solomon asked about the status of the fire station, and Mayor Koniar responded that the architect has been selected and is preparing drawings and documents for the new fire station to be located at the Fairway Drive entrance form CR20.  Funding of $650,000 has been approved.

The mayor stated with there is a “vicious dog ordinance.”  Any resident to observes such a dog should notify the police department immediately.

APPROVAL OF MINUTES

Joni Loock moved; Jim Coleman seconded; to approve the minutes from the 2012 Annual Meeting.  The minutes were approved.

INTRODUCTION OF BOARD CANDIDATES

Mary Ann Whatley reported that the only nomination was Rick Southworth.  She also took nominations from the.  Dan Barberi moved to close nominations.  Jim Coleman seconded.  Motion passed

LaW CHANGES AND ADDITIONS

Joni Loock, Secretary, presented the covenant bylaw changes and additions.  Amendment #1 is intended to give the Board the ability to seek enforcement of the sewer agreement with Baldwin County Sewer System including through legal injunction/lawsuit if they should breach or violate the terms of the original sewer agreement.  Amendment #2 will require the owners of homes sold in the new development to become members of Lakeview Estates POA, Inc. and to be governed by the same covenants and rules as apply to current homeowners.  We have many homes on Fairway of Wedgewood Drive that will abut these new properties, and we want to assure that they are governed by the same rules.  This will apply ONLY to homes sold after construction.  Amendment #3 will require the owners of homes sold in the new development to become members of Lakeview Estates POA, Inc. and to be governed by the same covenants and rules as apply to current homeowners.  We have many homes on Fairway or Wedgewood Drive that will abut these new properties, and we want to assure that they are governed by the same rules.   This will apply ONLY to homes sold after construction.  Proposed Resolution:  This resolution is to clarify the inclusion of Lakeview Gardens as an additional subdivision governed by the covenants and bylaws of Lakeview Estates Property Owners Association once the home is sold by the developer/builder to a new homeowner.

The owners were requested to mark their ballots and pass them to the end of the aisle.

FINANCIAL REPORT

The accounting was transferred to Slaughter, Driver and Northcutt, Certified Public Accountants.  Ed Solomon, Treasurer, presented a secure financial picture with total assets  of $30,000 including the reserve fund and cds.  .  There is $34,455 total income including transfer fee of $400 when property is sold.  Eighteen to twenty home sales have occurred this year---5.5% turnover in our neighborhood.

Accounting expenses have gone up.  There was a set-up fee and $500 each month.  There will be a $750 fee for tax preparation.

We spent $2,500 on flowers, etc. at the entranceways which was three times the previous year’s expense.  There was a park expense of $1,600 for power washing dand staining the park deck. 

There was a write off of $2,400 in accounts receivable (which is similar to loans) that we will probably never collect.  This is for people who have not paid fines or dues.

There was $37,000 in expenses.  We will have a loss of $2,300—it is important that we not show a profit for tax purposes.

Ray Lorentz asked a question regarding the dues and why they went up so much from the previous year.  Solomon explained that there was a discount of $35 for us to determine what the “true costs’ were to run the association annually.  Now that we know, we have reduced dues to $80 per year. The other part of the increase is due to the accounting function now being outsourced at a cost when previously Solomon was doing this work for the Association at no charge. 

Darlene Vosloh discussed a concern regarding a large rock at the Clubhouse entrance.  She feels that it will cause an accident.  Solomon asked for clarification on what and further discussion revealed that others in attendance were not concerned and felt if was not an obstruction.

Sheila Morgan wanted to know what will be done at Fairway Drive and CR20.  Solomon explained that the five associations had contacted the Mayor about putting in a turn lane similar to the one at Clubhouse Drive, and the engineering had been approved by the city council.  While we would like the entrance to be similar to Clubhouse with the existing median and widening that part of Fairway Drive, may not be possible.  Ray Lorentz questioned why we were not in discussion before the engineering design was completed and was assured that the Board had been in contact with the City and would follow up on his concerns.

Budget:  we need to purchase small grass carp for Lake Muriel.  Any excess will go to the reserve fund.  Accounting expenses are estimated at $7,500.  The Beautification Committee has $2,500 plus another $1,000 in Park funds as well as donations.  The Board can also provide additional funds if necessary.  Any excess funds remaining will go to the reserve.  We are budgeting a small loss less than our annual depreciation expense which will not affect cash flow.

COMMITTEES

The following people were elected to the Audit Committee:  Jim Loock, Linda Cate Whiten, and Sonja Mortimer.  John Blue moved; DuBose seconded to approve.  All attending the meeting voted in favor. 

Ed moved that this be an interim audit through February.  There will be a full audit next year.  DuBose seconded; motion passed.

BEAUTIFICATION COMMITTEE

Cliff and Nancy Peters, Chairs of the Beautification Committee, thanked Sylvia Womack for her many years as chair of the committee.  They also thanked volunteers for all their work. 

They discussed the different entranceways and those who are dedicating their time for the upkeep.

Fairway and 20 – maintained but help is needed in that area for weeding, etc.

Fairway and 12 – Fred Blake maintains that entranceway.

Eagle and 12 – Cliff and Nancy Peters maintain that entranceway.

The entrance at Clubhouse has been maintained by Jerry DuBose and his volunteers..

ARCHITECTURAL REVIEW COMMITTEE REPORT

Rick Southworth, ARC Chairman, thanked Frank Rikard and Ed Diercks for their work on the committee.  Southworth requested that residents keep their garage doors closed for safety purposes.  They were also reminded to maintain the numbers on the mailboxes.  It is important that the residence can be located.  Everyone was reminded to submit the necessary papers to the ARC if any changes to your property are considered.  RVs and boats should not be parked in driveways for longer than 72 hours.  There is an ongoing discussion with the City regarding the drainage ditches

NEW DEVELOPMENT/FIREHOUSE

A map of the new development was displayed at the meeting.  Dr. Montiel owns the property and states that the lots will be 100 x 150 (85 total lots).

There will be a pond and green space.

Ted Drozd questioned the cleanup of the new development area especially with hurricane season approaching and was concerned about flying debris. Dr. Montiel will be reminded of the situation.

NEW BUSINESS

DuBose stated that he still gets questions as to whether he is on the Board.  He requested that in the future the packets be mailed.  He also questioned the whereabouts of Tom Zarro.  It was stated that he was at work and was unable to attend tonight’s meeting.  DuBose went on to question whether Zarro had resigned from the Board and Solomon assured him that Zarro had only resigned as chair of the ARC and was still a member of the Board.  DuBose asked President Whatley if this was true, and Ms. Whatley replied in the affirmative.

RESULTS OF VOTES FOR OFFICERS AND COVENANT AMENDENTS

Dan Barberi commented on the many attributes of Rick Southworth.

Jim Loock announced the results of the voting.

Rick Southworth was elected to a one-year term.

Amendment #1 – 137 yes; 2 no

Amendment #2 – 133 yes; 5 no

Amendment #3 -  134 yes; 5 no

Resolution     -  133 yes; 6 no

Ed Solomon moved to adjourn the meeting; Southworth seconded the motion.  There being no further business, the meeting was adjourned at 8:30 p.m.

 

LAKE VIEW ESTATES PROPERTY OWNERS ASSOCIAITON

ANNUAL MEETING

May 7, 2012

 CALL TO ORDER

The fourteenth annual meeting of the Lakeview Estate Property Owners Association was held May , 2012, at the Foley Civic Center.  Acting President Paul Neenan called the meeting to order at 7:00 p.m.

LAKE VIEW ESTATES PROPERTY OWNERS

40 members present; 16 proxies assigned to members; 17 proxy/mail-in ballots; 64 electronic proxy/ballots = 137 attendees and proxies.

WELCOME

Acting President Paul Neenan welcomed everyone to the meeting.

INTRODUCTIONS

Acting President Paul Neenan introduced Board Members who were seated on the stage.  Secretary Joni Loock, Treasurer Ed Solomon, Linda Cate Whiten and ARC Chairman Ted Drozd.

CITY OFFICALS

Paul Neenan introduced the special guests:  Mayor John Konier, Councilman Ralph Hellmich and Wayne Traywick, Police Chief David Wilson, and Fire Chief Joey Darby.

Mayor Konier stated that the National Guard is building a 100,000 square foot building which will be able to be used by the city.  Mayor Konier stated that this appears to be a good year.  He stated that the City of Foley debt has been reduced primarily due to the  increase in the sales tax.

Police Chief Wilson gave statistics as to the decrease in crime in Foley.  The crime rate in Foley in 2010 had been reduced to below that of Fairhope.  He also stated that there have been no murders in Foley for the past two years.

Fire Chief Darby stated that there have been 1,100 fires this year in Foley.  He also reported that the City has a fire code rating of “3” which should be on anyone’s homeowner insurance policy which is within 1000 feet of a fire hydrant.  If there is a different or higher code, the homeowner should contact their insurance carrier.

Ron Morgan asked about the positioning of the toll booth on the Beach Express.  The Mayor said that Congressman Bonner has been made aware of the situation and will stay on top of it since the Foley Express was built with federal funds and cannot be made a toll road.  However, the Mayor did state that the Alabama Highway Department can usually do what it wants to do, but right now they are tied up trying to get another bridge approved

Jerry DuBose questioned the recycling.  He feels that all material are dumped in the same bin.  The Mayor stated that they are and later separated.  He also said that recycling of glass and tin are not economical.

APPROVAL OF MINUTES

Joni Loock moved; Linda Whiten seconded, to approve the minutes from the 2011 Annual Meeting.  The minutes were approved.

2012 POA Annual Meeting

COMMITTEES

The following people were elected to the Audit Committee:  Jim Loock, Linda Cate Whiten, and Sonja Mortimer.  John Blue moved; Sheila Morgan seconded to approve.  All attending the meeting voted in favor

Tom Spangrud is the new lake chairperson.  We can look forward to seeing new permits for lake use.

INTRODUCTION OF BOARD CANDIDATES

Dan Gormley reported for the Nominating Committee.  The candidates are Ed Solomon, Mary Ann Whatley, and Thomas Zarro.

COVENANT and BYLAW CHANGES AND ADDITIONS

Joni Loock, Secretary, presented the covenant bylaw changes and additions.  Amendment #1 becomes a moot issue as Article 7.03 in the Covenants covers this subject.  Renters may use the common areas.

John Blue questioned how the lots owned by the Association on the corner of Fairway Drive and County Road 20 are designated.  These lots are designated as “common area” but will be zoned as “residential” once the work is completed.  He was assured that this is the case.  He also questioned the definition of a single family dwelling if multiple people can live in the same house such as the renters across the street from him.  Ed Solomon spoke to the issue of grandparents living with children, children and their children coming back to live with parents, etc.  Solomon felt we would “open a can of worms” if we begin trying to enforce who can live in a house.  A resident clarified the meaning of a single family dwelling versus a duplex, etc. and spoke to the issue of “nuclear families” where the definition has become blended with people returning home.  Solomon thanked the resident for the definition and said that the Board would adher to the legal, real estate definition of “single family residence” and not get involved in the ethical question Mr. Blue raised.

Richard Plugge questioned why we are selling the parcels while prices are low and questioned about utilities on the property.  He was assured that the utilities are on the outer edges and that the reason for selling these parcels is the annual cost to the Association as well as the doubtful need in the future. (see the annual financial report included with these minutes.)

Sonja Mortimer expressed her opposition to making a donation to the pool project and stated that she pays $200 annually for the use of the pool since they no longer have a family golf membership.

Sylvia Womack and Linda Spangrud spoke in support of the pool project.

The owners were requested to mark their ballots and pass them to the end of the aisle.

FINANCIAL REPORT

Ed Solomon, Treasurer, presented a secure financial picture with total assets  of $60,865.00.  Solomon recapped expenses of the year; stated that income for the year is $36,800 from dues and $8482 from other sources; and net Accounts Receivable are

$5,505.  The POA finished the year with a $9,669 loss which was necessary to maintain our tax free status since we have had a profit carry forward for tax purposes for the past two years.  Solomon explained that only interest income is taxable each year due to our non-profit status, but all income could become taxable if we lost that status.

Ed Solomon explained the proposed budget for 2012-2013.  There were no questions.

Linda Hewitt asked about vacant lot mowing—these are unoccupied homes as well as vacant lots.  The Association is continuing to mow grass for homes that have been abandoned and not in foreclosure, homes where the owner is not adhering to the covenants, as well as vacant lots.  This is the reason for the large increase from last  year’s expenses.

Gail Diercks wanted to know why we no longer receive a copy of the Contact List.  Solomon explained that the Association is no longer keeping this list for all of Glenlakes but only keeps the Lakeview Estate list current.  Also we have over 80% of homeowners with an email address and did not see a reason for printing this list any longer.  Homeowners wishing their own copy can get an online file and print it themselves without cost to the Association.  Jerry DuBose stated that he will make it available to download for all associations in Glenlakes.

BEAUTIFICATION COMMITTEE

Sylvia Womack, Chair of the Beautification Committee, and Sherry Drozd thanked committee members and other volunteers for all their work.  The yard of the month winners and pictures are posted on Glenlakes website.                  

The three $50.00 winners are:

  • Michael Flanagan, 9285 Fairway Drive
  • Barbara Hayes/Jim Grago, 9120 Clubhouse Drive
  • Dale and Helen Cunningham, 9505 Clubhouse Drive
  • ARCHITECTURAL REVIEW COMMITTEE REPORT

Ted Drozd, ARC Chairman, reported on the past year’s activities of the committee. Of the 44 requests which were primarily for replacement of roofs, patios, etc.  There is one new home under construction.  Ted explained how the ARC works and urged residents to submit requests before making changes to their homes.

RESULTS OF VOTES FOR OFFICERS AND COVENANT AMENDENTS

Jim Loock announced the results of the voting.

Ed Solomon, Mary Ann Whately, and Thomas Zarro were elected to the Board for a 3-year term

Proposed Resolution for selling vacant lots – 102 yes; 34 no

Support for the Pool Project – 93 yes; 54 no

The amendments did not pass due to lack of sufficient owner votes.

NEW BUSINESS

Dan Gormley referred to rumors concerning the sewerage agreement.  It is not a written agreement but a gentlemen’s agreement which is equally binding.  He has not seen any increase in our rates, but we must remain vigilant.  The rates should remain at $32.50

Phil Bohan expressed appreciation for the improvements in our community to Jerry DuBose and read a list of Jerry’s involvement.

Ed Solomon reported the commercial property on County road 20 and Fairway Drive previously owned by the Whiten family had been sold, and that he had been contacted by the new owner.  The new owner does plan to develop the property but is not sure exactly what will be located there and just wanted  to make the Association aware of the intent to develop.  Since this property is directly across the street from the vacant lot might buy these lots once the Association put them up for sale.  Solomon requested that the new Board put on hold for 6, 12, or even 18 months the resolution passed by homeowners at this meeting to allow the Board to subdivide the Association lot.  By that time more information will be known about what exactly will be located across the street from this lot.

Having no further business, the meeting was adjourned at 8:30 p.m.

 

LAKE VIEW ESTATES PROPERTY OWNERS ASSOCIAITON

ANNUAL MEETING

May 2, 2011

CALL TO ORDER

The thirteenth annual meeting of the Lake View Estate Property Owners Association was held May 2, 2011, at the Foley Civic Center.  President Jerry DuBose called the meeting to order at 7:00 p.m. after a quorum was certified.

LAKE VIEW ESTATES PROPERTY OWNERS

88 members present; 17 proxies assigned to members; 59 proxy/mail-in ballots; 77 electronic proxy/ballots =  241 attendees and proxies.

WELCOME

President Jerry DuBose welcomed everyone to the meeting.

INTRODUCTIONS

President Jerry DuBose introduced Board Members who were seated on the stage.  Vice President Paul Neenan, Secretary Joni Loock, Treasurer Ed Solomon, and ARC Chairman Ted Drozd.

CITY OFFICALS

Jerry DuBose introduced the special guests:  Mayor John Konier, Councilman Ralph Hellmich, Police Chief David Wilson, and Fire Chief Joey Garner.

Mayor Konier presented graphs showing future redistricting plans.  He also introduced Mike Thompson, the new City Administrator.  Mayor Konier stated that this appears to be a good year.  He stated that the City of Foley finances are solid primarily due to the increase in the sales tax.

Chief Wilson gave statistics as to the decrease in crime in Foley.  However, he did state that there have been a number of car break-ins in our area.  He strongly advised everyone to keep their cars locked when parked outside, and if a resident sees suspicious activity, they are to call 943-4431or if it is an emergency call 911. 

Dan Barbari, 9216 Lakeview Drive, requested that notification be placed on television as to garbage collection when different from the usual times.  Faye Shaw, 9154 Clubhouse Drive, expressed concern relating to the businesses at the intersection of County Road 12 and Highway 59.  Cobie Brooks, 22835 County Road 12, asked that the Mayor work with Gulf Shores to remove the $5.00 parking fee at the beach for our residents.  Dan Barbari thanked the Police Chief for increased police presence in the area.  Doug Harrall, 9190 Fairway Drive, questioned that the turn signals at the corner of Highway 12 and 20 and Beach Express light up even if there is no car in the turn lane.

APPROVAL OF MINUTES

Joni Loock moved, Linda Bishop seconded, to approve the minutes from the 2010 Annual Meeting.  The minutes were approved.

COMMITTEES

The following people were elected to the Audit Committee:  Linda Cate Whiten, Lynn Struthers, and John Blue.

All residents are encouraged to sign up for the Beautification, Lake Muriel, Nominating, and Welcoming Committees.

INTRODUCTION OF BOARD CANDIDATES

President DuBose introduced the candidates for the Board:  Joni Loock, Kathy Menk, Paul Neenan, and Tom Spangrud.

COVENANT and BYLAW CHANGES AND ADDITIONS

Joni Loock, Secretary, presented the covenant bylaw changes and additions.  The owners were requested to mark their ballots and pass them to the end of the aisle.

Lynn Struthers, 9110 Lakeview Drive, objected to Amendment #1.  Robert Eddings, 9300 Clubhouse Drive, questioned the legality of electronic voting.  Ed Solomon, Treasurer, explained the legitimacy.  Tonya Fratto, 9316 Lakeview Drive, spoke in support of Amendment #1.

Amendment #3 - Lynn Struthers questioned if bids are solicited for expenditures.  He was assured that for large amounts bids are always solicited.  Lynn Struthers moved; Wayne Terry, 9358 Lakeview Drive, seconded that competitive bids be required for any expenditure of $20,000 with advertising.  Solomon asked that the motion be put on hold until the Board knew the number of proxies present for voting instead of a hand vote.

Lynn Struthers questioned Amendment #5 dealing with responsibilities of the City of Foley and why it was necessary.  He was assured that the drainage ditches within the community are the responsibility of the POA.  Street lights and changing light bulbs are no longer the responsibility of the POA.

Linda Bishop, 9345 Lakeview Drive, asked Mr. Struthers how mail-in ballots differ from electronic voting.  She supports electronic voting.

Lynn Struthers objected to Amendment #6.

Sue Loken, 9030 Fairway Drive, questioned how we know who is using Lake Muriel.  Doug Harrall commented that he feels the lake is well policed.

Jim Garner, 9311 Lakeview Drive, expressed confusion regarding Amendment #1 although he voted electronically.

Tanya Fratto is opposed to Amendment #6.  Cathy Dugal, 9296 Lakeview Drive is also opposed. 

Carolyn Gunterman, 9335 Lakeview Drive, questioned if parking and fishing are allowed on vacant lots other than Lot A-43.  She was told that it is not allowed, and the police should be contacted. 

The ballots were collected.

 FINANCIAL REPORT

Ed Solomon, Treasurer, presented a secure financial picture with total assets of $72,513.00.  Solomon recapped expenses of the year; stated that income for the year is $36,900 from dues and $5394 from other sources; and net Accounts Receivable have been reduced to $1,777.  The POA finished the year with a $1600 surplus ahead of budget for the second consecutive year.  These funds are contained in the bank balance of $17,000.

Sue Loken asked who the additional names on the contact list are and if they are paying dues.  She was informed that the list includes Carnoustie, the Vilas, and the Gardens.

Treasurer Solomon stated that we should have a surplus next year, which will be used for maintenance on the drainage ditches as well as Lake Muriel.

The Treasurer’s Report is included at the end of the minutes.

BEAUTIFICATION COMMITTEE

Sylvia Womack, Chair of the Beautification Committee, and Sherry Drozd thanked committee members and other volunteers for all their work.  She thanked Jerry and Merlene DuBose, 9200 Clubhouse Drive; Fred and Loralea Blake, 9005 Fairway Drive; Gene and Evelyn Moore, 22595 County Road 12, for their maintenance of the entranceways.  The yard of the month winners and pictures are posted on Glenlakes website.                               

The three $50.00 winners are:

  • Wayland and Marsha Blake, 9297 Lakeview Drive
  • Don and Peggy Watler, 9500 Clubhouse Drive
  • Nick and Brenda Stevenson, 9380 Clubhouse Drive

ARCHITECTURAL REVIEW COMMITTEE REPORT

Ted Drozd, ARC Chairman, reported on the past year’s activities of the committee. He summarized several approvals that were granted by the ARC committee such as storm shutters, satellite dishes, concrete patio pads, boat docks, arbors, etc.  He also explained how the ARC works and urged residents to submit requests before making changes to their homes.

REVIEW OF OLD BUSINESS

Jan Taylor reported on the neighborhood watch.  She reiterated about the auto break-ins and urged the neighbors to lock their cars.  She is reorganizing the committee which should be more efficient.

Minutes of Lakeview Estates Board meetings are posted on the website as well as in the hall at the clubhouse.

NEW BUSINESS

Ed Solomon, Treasurer, reported on the condition of Lake Muriel due to silt filling it from the golf course and turf farm.  A discussion ensued concerning requesting assistance from the City of Foley or suing the turf farm.  Solomon explained that past boards had addressed this issue with no help from the City and the high cost of a lawsuit without guarantee of a settlement.  The lake needs to be dredged, but it will be cost prohibitive to dredge the entire lake.  Several alternatives were discussed and will continue to be explored.

Paul Neenan, Vice President, met with Thompson Engineering regarding work on the drainage ditches.  Their bid was very high, and two other contractors have been contacted.  Paul is also working with city engineers regarding additional street lights.

Cheryl Schaffer, 9065 Caddie Circle, expressed concern during garage sales relative to traffic patterns.  She felt the signs were too small and too low to the ground. 

Doug Harrall spoke on plans for the new park, Lot A-43.

RESULTS OF VOTES FOR COVENANT AMENDENTS

Joni Loock and Paul Neenan were elected to the Board for a 3-year term

Article 3.10 - 177 "yes" votes, 33 "no" votes - Passed

Article 4.05 - 190 "yes" votes, 22 "no" votes - Passed

Article 8.04 - 174 "yes" votes, 39 "no" votes - Passed

Article 3.06 - 192 "yes" votes, 21 "no" votes - Passed

Article 8.01/102 - 185 "yes" votes, 24 "no" votes - Passed

Article 6.01 - 150 "yes" votes, 60 "no" votes - Failed

Resolution Lot A-43 - 172 "yes" votes, 40 "no" votes – Passed

After the vote was announced on the amendments, the motion before the Board by Lynn Struthers was brought back up due to knowing the number of proxies held by all parties.  The motion failed due to the Board’s vote of 125 proxies as a “No” vote.  Mr. Struthers questioned the Board’s action stating past boards had voted the proxies as a percentage of how others attending the meeting had voted although he did state that was within the Board’s legal right.  He just did not agree with it.

The new Board members were sworn in.

Having no further business, Fred Blake moved and Merlene DuBose seconded to adjourn.  The meeting was adjourned at 9:00 p.m.

LAKE VIEW ESTATES PROPERTY OWNERS ASSOCIAITON

ANNUAL MEETING

May 3, 2010

CALL TO ORDER

The twelfth annual meeting of the Lake View Estate Property Owners Association was held May 3, 2010, at the Foley Civic Center.  President Jerry DuBose called the meeting to order at 7:00 p.m. after a quorum was certified.

LAKE VIEW ESTATES PROPERTY OWNERS

78 members present, 40 proxies assigned to members, 139 proxies assigned to the board = 265 attendees and proxies.

WELCOME

President Jerry DuBose welcomed everyone to the meeting.

INTRODUCTIONS

President Jerry DuBose introduced Board Members who were seated on the stage.  Vice President Ba Porterfield, Secretary Joni Loock, Treasurer Ed Solomon, and ARC Chairman Ted Drozd.

CITY OFFICALS

Jerry DuBose introduced the special guests:  Mayor John Korniar, Councilmen Ralph Hellmich, Police Chief David Wilson and Fire Chief Joey Garner.

Mayor Korniar spoke for the group. 

He stated that the City of Foley finances are solid and similar to last year.  However, next year may be more difficult.Mayors of local areas have met regarding the oil spill.  Updates will be on the Foley Website.

DeAnn Gardner, 9219 Lakeview Drive, asked what else would be built at the corner of Highway 20 and the Beach Expressway (where McDonalds is located).  The Mayor replied that there is nothing definite at this time.

Phyllis Gregg, 9111 Clubhouse Drive, asked about the concert that had been planned for that area.  The Mayor replied that “it has gone away”!

Linda Hewitt, 9320 Clubhouse Drive, asked about the expansion of recycling.  The Mayor replied that the city would like to, but due partially to the economy, there are no plans at this time.

Jim Garner, 9311 Lakeview Drive, asked if there were organizations requesting volunteers to assist with cleaning the beaches if the oil slick comes to our area.  The Mayor responded that information can be found on the website and other internet locations.

Chief Wilson stated that we have a very safe community.

President Jerry DuBose thanked the officials for their attendance.

APPROVAL OF MINUTES

Joni Loock moved, Jim Loock seconded, to approve the minutes from the 2009 Annual Meeting.  The minutes were approved.

REMARKS BY PRESIDENT

President Jerry DuBose made opening comments and established ground rules for conducting the business of the association.

FINANCIAL REPORT

Ed Solomon, Treasurer, presented a secure financial picture with total assets  of $77,070.00. Since the Board replaced West Beach Realty, between $20-$25 K for the year has been saved.  Solomon recapped expenses of the year; stated that income for the year is $36,900 from dues and $10,320 from other sources; and Accounts Receivable have been reduced from 27 properties to 6 properties.

Ed Solomon presented the possible projects being considered by the Board in the 2011 Budget:  1) water meters at CR 12 entrances - $3,000 (already installed); 2) additional plants/flowers - $1,000; 3) grass-eating carp for Lake Muriel; 4) holiday banners; 5) lake fountain(s); 6) dog park; and 7) additional street lights.

Kathy Menk, 9010 Fairway Drive, questioned the financing of the proposed dog park.

President DuBose stated that his opinion was that IF the dog park were built, it would be built with donations.  He encouraged people to read the website on the dog park.

Doug Harrall, 9190 Fairway Drive, who has had experience with fountains in different sized lakes spoke in favor of fountains in the lake stating the benefit to fish, etc.

Tom Spangrud, 9268 Lakeview Drive, asked about concerns for wildlife i.e. owls, herons, etc.  Experts who have been consulted stated that there is no such danger.

Dan Barberi, 9216 Lakeview Drive, spoke in support of the fountains.  He also expressed concern over silt that washes from the sod farm into the lake.

Ron Morgan, 9419 Clubhouse Drive, asked the opinion of the neighbors who would be in the proximity of the dog park.  President DuBose has spoken with the owners, and they have no problem with the dog park. 

Vic Juhola, 22965 County Road 12, said that fountains are expensive and opposed funding for fountain using dues dollars.

Linda Cate, 9462 Lakeview Drive, spoke in support of the fountains and the improvements in our community.

John Blue, 9150 Lakeview Drive, commented that owners who do not have dogs should not have to pay for the dog park.

COVENANT CHANGES AND ADDITIONS

Joni Loock, Secretary, presented the covenant changes and additions.  The owners were requested to mark their ballots and pass them to the end of the aisle.

BEAUTIFICATION COMMITTEE

Sylvia Womack, Chair of the Beautification Committee, and Sherry Drozd thanked committee members and other volunteers for all their work.  She thanked Jerry DuBose for posting yard of the month winners and pictures on

Glenlakes website.  The 2009-10 winners were:  May – George and Brenda Stone, 9349 Lakeview Drive; June – Michael Flanagan, 9285 Fairway Drive;

July – Ewald and Ursela Kreft, 9500 Lakeview Drive;  August – Bill and Cheryl Johnson, 9865 Fairway Drive; September – Barbara Hayes and James Grago, 9120 Clubhouse Drive; October – Fred and Loralea Blake, 9005 Fairway Drive; 

November -  Wayne and Linda Terry,  9358 Lakeview Drive; December – Ed and Linda Hewitt, 9320 Clubhouse Drive; January – Bob and Carolyn Gunterman, 9335 Lakeview Drive; February – John and Eleanor Thompson, 9341 Lakeview Drive; March – Connie Stacey, 9131 Clubhouse Drive; April – George and Brenda Stone, 9349 Lakeview Drive.                                                       

 Winners of the three $50.00 Lowe’s Gift Certificates:

  •  Bob and Carolyn Gunterman
  •  Connie Stacey
  •  Wayne and Linda Terry
  • ARCHITECTURAL REVIEW COMMITTEE REPORT

Ted Drozd, ARC Chairman, reported on the past year’s activities of the committee. He summarized several approvals that were granted by the ARC committee such as 5 storm shutters, 4 satellite dishes, 4 concrete patio pads, 4 white vinyl enclosures for garbage cans, etc., 1 new home, 1 garage addition, new landscaping, and sea wall and dock, etc.  He also explained how the ARC works.

REVIEW OF OLD BUSINESS

Dan Gormley updated the property owners on Baldwin County Sewer System negotiation of sewer rates.  He stated that there are no new changes.  Information is on the website.

Jan Taylor reported on the neighborhood watch.  She stated that our neighborhood is a very quiet community.  Signs have been posted at the entrances for both the “neighborhood watch” and “no solicitation.”

Minutes of Board meetings are posted on the website as well as in the hall at the clubhouse.

NEW BUSINESS

Cutting grass on vacant lots or abandoned homes is a large expense to the association.  After discussion, the owners voted to continue cutting these lots at the expense of the association.

There will be two garage sales during the coming year:  Saturday, October 16, 2010, and Saturday, March 19, 2011.

President DuBose thanked and commended Ba Porterfield for her many years of service to the association.  The Board has appointed Paul Neenan, 9196 Clubhouse Drive, who will serve the remaining portion of Ba’s term which will end at the annual meeting in 2011.

Ron Morgan moved that we modify the bylaws to reflect that the language be changed to hold an election at  the next annual meeting to fill an unexpired term.  The motion will be placed on the agenda for the 2011 annual meeting.The following people were elected to the Audit Committee:  Sonja Mortimer, Linda Cate, Clyde Abrams, and Sue Loken.  One member will serve as an alternate.  Paul Neenan moved and Sheila Morgan seconded.  The motion passed.

President DuBose announced that there would be a drive-by on Thursday,

May 6, to welcome home from Iraq Michael Neumiller (Karen Welch’s son), 9080 Lakeview Drive.  Everyone is urged to meet at the Clubhouse in their golf carts at 5:30 p.m. so that we will be able to say “thank you.”  Hopefully, the TV stations and newspapers will attend.

RESULTS OF VOTES FOR COVENANT AMENDENTS

President DuBose announced the following results:

Addition to Article Three:

  • 3.19 - Use of Property - No previously approved structure shall be used for any purpose other than that for which it was original designed. I.e. a single family resident.
  • In favor – 256

 Opposed - 9

  • 3.20 - Tenants - Any Owner leasing or renting a residence shall provide to the Association Secretary a written statement, which shall provide: the name of the Owner and Tenant; the property leased; the duration of the lease. The Owner shall further confirm that his tenant is provided with a copy of the Association documents, including this declaration, the Articles of Incorporation, the covenants and the Bylaws of the Association.
  •  In Favor - 257

  Opposed - 8

Covenant change requires 185 affirmative votes.

  • 3.09 – No sign or signboard of any kind shall be displayed to the public view on any A-Lot, B-Lot or C-Lot.  The following exemptions apply:  Professionally lettered For Sale or For Rent signs of reasonable size may be placed one each at the front and rear of any A-Lot, B-Lot or C-Lot by the owner or the real estate company that is under contract with the owner.
  • Professionally lettered signs advertising the A-Lot, B-Lot, C-Lot or house is For Sale or Under Construction may be placed one each at  the front and rear of the lot.  The builder may keep the signs erected while a residential building or modification to the property or building is under construction or while the property is available for sale.
  • One security company sign is acceptable and consistent with home security. 
  • One political sign may be displayed thirty (30) days before Election Day.  Signs must be removed within seven (7) days after Election Day.
  • In Favor – 249
  • Opposed – 16

 

  • 3.15 – Standardized mailboxes and newspaper boxes shall be used on all lots.  The mailbox and the supporting posts must be black in color and conform to the requirements of the ARC.  Other types (Masonry and Stucco)  of mailboxes that conform to the ARC aesthetic requirements may be used at the owner’s risk.  All proposed new or replacement boxes shall be approved by the  ARC.
  • In Favor – 251
  • Opposed – 14
  • 3.12 – No man-made fence shall be erected on any lot without the prior written approval of the ARC.  Black aluminum simulated wrought-iron or wrought-iron fences of 36 inches to 48 inches will be allowed with approval of the ARC for A-Lots, B-Lots or C-Lots.  All metal fences must be primed and painted and have a minimum of two horizontal rails.  Decorative, treated wood or vinyl fences will be allowed on B-Lots that back up to the Sod Farm with prior approval by the ARC. No fence of any description, whether man-made or growing, shall be nearer the front lot line than the residential structure for that lot.  Normally, vinyl or masonry fences will be approved which are from 42 to 72 inches in height for screens around pools, patios and outdoor utility equipment.  No chain link fences are allowed.
  • In Favor – 208
  • Opposed – 57

6.01 – The spring lake, Lake Muriel, may be used for reasonable and safe recreational activities provided, however, no motorized (except electrical trolling motors) watercraft or other vehicle of any sort shall be allowed on the lake.  No person other than owners of one or more lots, or their reasonable number of invited guests, may use Lake Muriel.  Fishing at the lake will be by permit only.  Lot owners may obtain a fishing permit from the Lake Committee Chairman.  A reasonable “one time only” fee will be charged for the issuance of the fishing permit.  Persons fishing at Lake Muriel must have the permit visibly displayed at all times.  All use of Lake Muriel shall be at the risk of the user and subject to any applicable laws, rules and regulations and ordinances of any governmental agency having jurisdiction.

  • In Favor – 233
  • Opposed – 28 (4 did not vote this issue)

Opinions:  Non-Covenant Changes

  • Fountain for Lake Muriel
  • In Favor – 164
  • Opposed – 100 (1 did not vote this issue)
  • Dog Park at Fairway and County Road 20
  • In Favor – 157
  • Opposed – 107 (1 did not vote this issue)
  • Having no further business, Dan Barberi moved and Dan Gormely seconded to adjourn.  The meeting was adjourned at 9:00 p.m.