1986 Annual Meeting Minutes
The Annual Meeting of the West Park Community Association was called to order by Helen Rosengarten on Monday, October 27, 1986 at 7:45 p.m. at the cafeteria of Oak View Elementary School. A list of those attending is not available.
The Minutes of the Special Board of Directors meeting held on Sunday, September 21, 1986 were read by Helen Rosengarten. The following corrections to those Minutes were offered by Janet and Jim Dyer: Mr. Dyer noted that the Minutes omitted the fact that Mr. Dyer had submitted at the September 21st meeting a Petition signed by several homeowners on Stallworth Court which urged that the basketball hoop be allowed to remain in place on the Dyer's property. The Minutes also did not reflect the request made by him at the September 21st meeting for the Treasurer, Mrs. Rosengarten, to provide a full accounting of all expenditures and liabilities incurred by the Association pertaining to the lawsuit that had been filed by the Association on behalf of certain residents of the private drive on Stallworth Court. Mrs. Rosengarten at that time referred to the financial statement that she had distributed, which listed the legal fees of $439.25 which had been paid during the fiscal year ending September 30, 1986. This financial statement, however did not include the legal fees paid during the previous or current fiscal years. When asked what the total expenditure was, Mrs. Rosengarten replied the total legal fees were approximately $1,300.
Mr. Dyer also pointed out that the Minutes of the Special Meeting, omitted the motion made by Mr. Dyer at that meeting that henceforth the Board of Directors would be required to consult with any homeowner who would be directly affected by any action taken by the Board prior to the time such action is taken. This motion was not supported by the other Board members at the special meeting.
Janet Dyer stated that the Minutes did not correctly state the compromise proposal made by Mr. Stahl [the Association's attorney]. Mr. Stahl asked the Dyers to either remove the backboard or turn the backboard so that the play area would remain entirely within their own private property. The Dyers were not asked at the special meeting to sign an agreement that the playing of basketball cease until unanimous consent of the affected homeowners is given. This proposal was not made by Mr. Stahl until the Dyers had complied with the request to turn the backboard around so that the play area would be wholly on their property. Mrs. Rosengarten stated that this was not her recollection, but another member who was present at the special meeting agreed with Mrs. Dyer's correction and said that it was his understanding the Dyers were just asked to turn or remove the backboard.
The Dyers further stated that they had fully complied with the request made at the special meeting but that Mr. Stahl, on behalf of the two homeowners on the private drive, refused to dismiss the lawsuit and insisted that the matter go to court.
An additional correction was made to state that the Dyers did not respond to the registered letter sent by the Association because they did not receive that letter. No member of the Board of Directors made an attempt to deliver the letter, which they knew the Dyers had not received or otherwise informed the Dyers of the Board's request concerning the backboard and hoop.
During the above discussions correcting the Minutes, several members present, voiced concern and displeasure to Mrs. Rosengarted because the Board had spent so much of the homowners' money without their knowledge, in what appeared to be an individual, private matter, concerning homeowners on the private driveway. Mrs. Rosengarten then made reference to the covenants and conditions and restrictions of the Association, which authorized the Board of Director to take action to enforce any of the restrictions and covenants that had been violated. She said that the covenant that prohibits any action that would limit the ingress and egress to the private driveway had been violated because teenagers would congregate in the area around the backboard thereby restricting access to the drive. Comment was made by several members that children are often out in the street on bikes, skateboards, etc. where it is far more hazardous.
There being no further corrections to the Minutes of the special meeting, Mrs. Rosengarten, stating that this meeting had been called as an election meeting, requested nominations for the vacancy on the Board as a result of the expiration of the term of Robert Kasey. A member, then objected to a vote at that time because he wished to propose changes to the number of board members and this needed to be resolved so that we know how many members to elect. Bernie Carpenter raised questions as to whether or not changes could be made to the bylaws at this meeting or if a quorum was required. Mr. Carpenter then reviewed the bylaws pertaining to a quorum, and whether or not a quorum was required before any changes could be made. It was determined that since the bylaws did not address the number of members of the Board of Directors, that a vote could be taken at the meeting to change the number of members of the Board. A motion was proposed to increase the size of the Board of Directors from the present three members to five members, consisting of two members from Sallworth Court, two members from Headly Court, and one member from Sideburn Road. This motion was seconded. After discussion on this motion, Bernie Carpenter offered an amendment to the motion, removing the residency restrictions for membership on the Board. This amendment was passed by the members as was the amended motion.
Jim Dyer then proposed a motion to ask the current Board members to resign due to the apparent lack of confidence in the present Board and have five new members elected to the Board at this meeting. Mr. Dyer said he was willing to resign; Mrs. Rosengarten indicated that she was not. After discussion, Mr. Dyer withdrew this motion.
An election was then held for the three vacancies on the Board of Directors. Six members were nominated for these three positions. It was decided that the person receiving the largest number of votes would serve a three-year term on the Board of Directors, the person receiving the second largest number of votes would serve two years, and the third member would serve for one year. One member from each household attending was to submit a ballot voting for three of the nominated individuals. The results of the election were: Bernie Carpenter was elected to a three-year term, Helen Burns was elected to a two-year term and Bob Billet was elected to a one-year term. It was further pointed out that the remaining candidates should receive first consideration to fill any Board member vacancy which might occur during the year, but final selection would be left to the Board.
NEW BUSINESS
A member commented that the picnic tables, located in the tot lot on the Association's common grounds, were attracting teenagers doing an excessive amount of drinking and partying, and she requested that the Association look into removal of these picnic tables. A member who lives next to the access path to Robinson High School, commented that her property as well as the woods along the service road to the high school and the woods along the fence to the County storage area were often used for teenagers from the school for drinking and drug use. She has called the Police on several occasions with little or no response, and has also contacted Audrey Moore's office requesting assistance to erect a fence to keep the children from the school out of the wooded areas in our community. There was much discussion by the members on this problem, and it was decided that the removal of the benches from the tot lot would not solve the problem, but that we should appoint a committee to look into lighting the areas involved, and to look into the establishment of a neighborhood watch to patrol these areas. Rick Cary and Jerry Jones volunteered to form the committee to look into establishing a neighborhood watch. Two other members volunteered to look into what could be done to properly control the common areas.
A member asked if the Association had insurance to cover the Association and the homeowners against any liability incurred in the common areas. Mrs. Rosengarten replied that the Association did have liability insurance.
A motion was then presented that the Association be run in a businesslike manner, operating from a prepared budget that has been approved by the membership, and that the Board of Directors not be authorized to spend more that $100 on non-budgeted expenditures. This motion was seconded. An amendment to this motion was offered by Helen Rosengarten. The amendment stated that by vote of a majority of the Board of Directors, the Board of Directors is authorized to expend no more than 10% of the annual operating budget for the Association in an emergency wherein the health, welfare, and safety of the homeowners in the Association is affected. This amendment was voted on and approved by the members. The motion as amended was voted on and it also was approved by the members.
Mrs. Rosengarten called for an election of the officers of the Association. She stated that in the past the Board member elected to the three year term was elected as President. Therefore, it was decided that Bernie Carpenter would be President of the Association. No one was elected to the office of Secretary or Treasurer. Jerry Jones volunteered to act as Treasurer, but since he was not a member of the Board, it was determined that he could not hold that office. He did, however, volunteer to assist the Board of Directors in preparing a budget for the Association.
Bernie Carpenter then offered a motion stating that the Board of Directors should meet at least quarterly and conduct as many special meetings as are necessary to conduct any extraordinary business of the Association. Notice of Board meetings would be given to the members of the Association, and open to the membership. The motion was seconded, voted, and passed by the members. It was then announced that the next meeting of the Board of Directors would be held on Wednesday, November 12 at 7:30 at Oak View School. Mr. Carpenter stated that the Board of Directors would start to prepare the operating budget, further explore the expenditure of Association funds on legal fees, discuss the formation of a neighborhood watch and the problems in the wooded area after dark, at that meeting.
It being necessary to vacate the cafeteria, the meeting was adjourned.
Respectfully submitted,
Janet G. Dyer
Acting Secretary of the meeting held October 27, 1986
Note: These minutes were edited in accordance with the WPCA Privacy Policy and were posted 13 December 2010. The full text of the official copy of the minutes may be reviewed or obtained by request by any WPCA member by contacting the WPCA president, president@kpwwpca.org.