Board Meeting December 1st & 8th, 2014 – APPROVED


                                                                                                                           Adobe Wells Board Meeting Minutes

                                                                                                                                          December 1 & 8 , 2014


Call to order (check those present):

Those present: Ed Adams, President; Marcia Lundberg, Treasurer; (absent)

Section 1 Directors: Paul Puck; Ormal Guinn

Section ll-lll Directors: Harry DeBoer; Gus Gustafson; Pat Mulvaney (absent); Gary Montgomery

RV Section Directors: Judy Milan; Cheryl Kuhn (absent)

Parliamentarian: David Nickols

Jurisprudence: Candy Maxwell (absent)

Secretary – Nov. 3 Minute summary read by Anne. After a question and correction motion to approve minutes made by G.Montgomery, seconded by O.Guinn and approved by Board.   Harry DeBoer asked if we were going to approve the minutes of the Special Board Meeting held on Nov. 20. There was a vote taken and he would like to hear what was written and then discuss the outcome. Gary M. said we can only talk about what happened in the Board Meeting because the Executive Session discussion cannot be shared.    The minutes were read and vote summary was 3 abstain, 2 Pay, 2 No. Since there was a tie between the Yes and No votes, Ed voted No. Final count   3 Abstain, 2 Yes, 3 No. Gary M. indicated when board members abstain from voting, they are not using that vote to indicate the wishes of their constituents. Gary also said when Pat M. said as a Board Member she was going to pay some of the roto-tilling expenses she was actually doing it as an individual.   The Board is not collecting funds to pay those expenses. Going back to the final vote, Harry said in order for this motion to pass or fail it needs the majority of board members present to vote against or for paying those bills. Dick Nickols’ comment was if you abstain from voting, your vote automatically goes with the majority so the 3 No votes become 6 No votes. Gary M. made a motion to approve the Nov. 20 Minutes, seconded by Ormal G. and approved by the board.

Treasurers Reports: Quickbooks reports  Ormal G. questioned Veronica about the balance shown for the rental property. The information says we spent approximately $6,000 and income was $7,000 plus so where did the balance of $6,900 come from. Veronica said the current balance came from insurance payment money left over after repair was made and more rent payment coming in. Veronica said the balance from last Dec. 2013 (which does not show up on this report) gives us the current balance of $6,900. Ormal also questioned the balance in the Memorial Account. After Veronica explained where the balance came from, the Treasury Reports were sent to file to be audited at a later date.



            Joe Roseland – Annual Insurance renewal    Ed said Joe Roseland was from the Mission Duncan Insurance Agency. He was here to explain our coverage and deductibles. Mr. Roseland said he would give a brief overview of Adobe Well’s insurance policy and answer any questions. First of all the good news is your policy premium is not going up. This is very good since Hildago is known as very contentious county and insurance companies shy away from covering Rio Grande Valley properties. Your coverage is with the Philadelphia Insurance Company (a very reputation company that covers 8 to 10 mobile parks in this region).   Overall Adobe Wells has “blanket coverage” for all buildings and content of $967,000. The good thing about blanket cover, let’s say you have a fire in your post office and it is covered for $75,000 but costs $95,000 to repair and replace content. Since you have that $967,000 limit, the $95,000 amount will be paid in full. There are two deductibles involved, you have what is called “all other perils” (i.e. fire, lightening, theft, broken water pipes, vandalism, every perils that you can think of except windstorm and hail. The “all other perils” deductible is $5,000 per occurrence, and “windstorm and hail” deductible is $25,000 per occurrence. There is a separate policy for equipment such as lawnmowers, aerator, etc.,with a $500 deductible. Veronica keeps us informed of new equipment coming in and outgoing equipment sold or scrapped. The value of equipment is set up at time of purchase using the price paid for equipment. Mr. Roseland said that covers your property coverage. You also have a liability insurance of $1,000,000 which covers injuries that happen during activities in the hall, swimming pool, golf course, etc. Should you be using your own vehicle to do park business and get into an accident, if the park business can be substantiated, your insurance is primary and Adobe Wells insurance secondary. There is a $2,000,000 aggregate limit. That insurance costs $200/year. On top all that there is an umbrella policy for $2,000,000. Ormal Guinn asked if we have to padlock our swimming pools. Mr. Roseland said no the pools do not need to be padlocked. At night it could be a recommendation for safety but Adobe Wells has coverage even if the pools are not padlocked. There also is Workers Comp coverage as required by the state. The final coverage is Directors and Officers Liability. This coverage protects the Board Members for a decision made that causes a lawsuit to be filed.

Beto    Ormal G. asked Beto if he could afford a cut in his budget. Beto talked about the need for a different tee box mower as the motor on ours is bad. He has the opportunity to buy a used one from McAllen County Club, which he was assured was in running condition. We could use the motor and various parts as needed for a cost of $850. Ormal asked about 4, 7 and 8 greens. Beto is currently treating them with chemicals. If that does not improve those green it will be necessary to resod them at a cost of $3,000 (question is that each or for all three). Ed Adams said he would be sitting down with Beto to make sure his budget number is correct before it is finalized.

Howard Harmon- Howard was asked by his neighbors to get Board approve to resurface alley between 47th and 48th Street. We were told last spring that the board would make a decision about the best type of surface fill to use and with that decision, future resurfacing done in the alleys at homeowner expense would be consistent (i.e. small/large stones, crushed asphalt, loose sweepings from blacktop surface). Ed said the board would do that. He also asked M.Wilson, because of his work experience, what was the best option? Mel W. said the reclaimed crushed asphalt was the most durable option. Ed again said the board would make a decision and let homeowners know which one was approved for use in the alley ways.

Jerry Oden come forward with copy of minutes from Feb 2013 saying he had approval from Dan M. to prepare the garden area. Ed indicated this was the same information that had been talked in the Executive Session. A discussion ensued. Gary M. said the garden is not a bad idea but he thought it should fall under one of our committees with a budget to cover expenses. Jerry said when you talk to a lawyer whatever is said should be in black and white so everyone has the information. Ed said he had asked for help from an attorney but that was without specifics of this situation . Judy M. suggested the best way to handle this situation would be for if Jerry O.and others interested would develop procedures such as cost of each plot, size of plots, cleanup procedures after growing season, fencing required to protect the garden from in garden predators, etc. Ed said he was concerned with the garden location. Personally speaking when driving a golf ball on #13, he was never sure where it would land. His ball could go left and hit someone working in the garden. Ed said he would be willing to ask for a straw vote at the homeowners’ meeting. Once the garden interest was established, Jerry could handle getting it started. Jerry O.said he was no longer interested in leading the garden effort.

Judy M. wanted to address the board about how we are to represent the homeowners who elect us. Frequently we are asked to vote on motions that might be controversial in nature but none the less they must be resolved. Directors must consider all the people in their section when casting votes. They must not base it on personal opinion or on opinion of friends. Failure to vote by abstaining is a failure of your duty as a director. In fact when you abstain, you deny 50% of the people in your section a voice or a vote.   One other issue Judy had was she did not believe a board member should openly use a Board Meeting to express a personal opinion that was contrary to board members’ decision. At the Nov. 20 meeting a member said “as a board member I plan to help with reimbursement of garden expenses”. Judy said she felt that was inappropriate.


Unfinished Business:      

  1. Discussion, responsibility of Board of Director Ed said an item covered by Judy M. in the last paragraph was in line with what he wanted to talk about. He said two or three times he had witnessed directors abstaining from a vote. As president and board members we have the “fiduciary responsibility” to express opinions and vote to uphold the wishes of the majority of the people we represent.  Ormal G. said he came to that special board meeting in the dark. How was he supposed to represent his people when he did not know what issue was being discussed.   Ed said in that situation Ormal could have asked to table the discussion until he was made aware of the issue at hand.   Ormal said in talking with Judy M. he understood she got a call from Ed asking her to attend and he shared the subject to be discussed. Judy M. said she got a call from Veronica about the Special Board Meeting and did not know what the meeting was about when she first learned it was scheduled.
  2. Cover disposition on land for garden. Ed said he still wanted to take the garden issue to the homeowner meeting and take a straw vote. If they want a garden, we will make it happen with volunteers setting it up. Gary made a motion to take a straw vote at the homeowners meeting, seconded by Judy M. and approved by the board.
  3. Ormal G. said he had one person come to him saying not to open the Taylor Street gate during the day, another person wanted the gate open. If these people are not willing to come and share their positions, Ormal said he was not going to continue his request to open up that gate.
  4. Disposition on D. Baird property (4909 Bluebonnet) and Auction donation   Ed has learned that it will take approximately $25,000 to get the Baird house ready to sell (needs roof and new flooring). We paid $5,000 for the property and may have up to $7,000 in back taxes. That is a $37,000 investment that may take several years to recoup. Gary M. said we are losing $100/month in Association fees. What does the board think should be done? Should we clean it up and sell as is? Should we go to the business that bought the “Bird House”? In a discussion several Board Members suggested just cleaning it up and selling it as is. More discussion will follow.

At this point a board member had a health issue that stopped the meeting and needed medical intervention. Thank you to Judy M. who came forward and took control of the situation until the ambulance arrived. At that point the meeting was adjourned with a motion from Gary M., second by Paul Puck.   The meeting will continue Monday, Dec. 8 at 9:00 a.m. Meeting adjourned at 10:30 a.m.

Continuation – Board Meeting 12/1/14 continued on 12/8/14 at 9:00 a.m.

Ed Adams said he wanted to cover some items that have been hanging since the current board will change with January elections.

Before that Ed asked Bob Gotter to speak about the Development Specifications write-up. Bob said these specifications have not been changed since 2007 and this summer he realize there were still a lot of questions about what work requires city permits and/or park approval. To clear this up Bob added a front page that clarifies these requirements. Bob handed out copies to all board members and said he would like the boards okay by the January board meeting.  Another question Bob asked “was the box size changed in the RV Section”? It was changed with the covenant changes.

Since we have agreed that renters of the Adobe Wells mobile have been told they get full use of the garage. We thought we could use the Baird house for auction storage but that will not be big enough. Ed asked what the Board would think about renting a Pod for three months and as far as a place to put it what about using the Bird House space? Ormal G. made a motion that we rent a pod for auction storage and put it on the bird house slab for three months, seconded by Paul P. and approved by the board. Ormal added it would have to be okay with neighbors around that property. Since there was still questions about how much it would cost, Mark O’Shea asked if he could speak and Ed agreed. Mark said to rent a 12 ft. pod delivery was $129 with $39/month of use. Those prices go up with increase in pod size. Ed asked Mark O. for the phone number so he could set up the rental.

Just to clarify, Ed said he wanted to answer whether the president has the right to cast a vote on motions being made at board meetings. In our Association it is set up that the president is a member of the board and therefore can vote on all motions.

Ed said three or four homeowners had brought this issue to his attention. Our #4 Covenant – Sections 1 and 2 read “No permanent parking is allowed on the street nor shall extra vehicles, boats, trailers, and motor homes, etc. be stored on a lot. Separate storage space is available. Please apply for space location and key to storage area.”

Ed and one or two others went to the US Post Office to talk about our in-park post office. We were told it is our building and we need to take care of it. A suggestion made was have board approve our two keys, and specific the names of the 3 or 4 people who can go into our post office. Ed asked if the board would approve this now. Ormal asked to table until next Board Meeting and board agreed.

Ed brought up the request made by homeowners to standardize product to be used when re-surfacing alleyways.   A discussion followed. One board member wanted to approve crushed asphalt as the standard product to be used. Other board members felt that since it was at homeowner expense they should be able to choose what they wanted to use (i.e. big stones, small stones, crushed asphalt, etc.) Pat M said she personal preferred grass because it would not chip off and damage house siding when cutting grass. Gus G. said with the previous board a homeowner had to sign a liability form should neighbors have problems with water draining onto their property. Without standardization it makes it harder for the Development Committee. Gary made a motion to approve crushed asphalt as the product to be used by homeowners. No board member seconded the motion so the issue is dead.

Ed wanted to talk about the Bird House and Baird properties. He felt we were asking too much for the Bird House lot and fixing up the Baird Mobile before selling is going to be more expensive than anticipating ($20,000 to $25,000). Why not sell both properties at the auction. Ed asked board member to put a pencil to it. Let’s set a minimum bid for each and see what we can get for them. Ed said he knows of one homeowner that was interested in the Baird property. Judy said that was fine as long as we follow our Covenants when finalizing the sales. There was concern about the money going into the Activity Fund if we sold them during the auction.   Veronica said she checked with our CPA and any money selling these properties would go through the business office and would go into accounts established for selling properties. Board members each expressed their opinion that we should pursue selling them at the auction and get the properties back into paying homeowner fees.  Ormal Guinn made motion to sell both properties at the auction, seconded by Paul Puck and approved by the board.

Where are we at in finalizing the list of official committees. Pat M. said the Board should establish that list. Last year she had handled out two examples of what the committee’s mission, purpose and objection statement should look like (one she had developed and one submitted by the Landscaping Committee). Since the discussion stalled, Ed suggested this issue be tabled and discussed until finalized at the January Board Meeting.

2015 projection budget – All board members have the draft of the 2015 proposed budget. Please be prepared to discuss at the December homeowner meeting on 12/15/14.

General Discussion

Harry DeBoer — November Board Meeting we tabled the discussion on scrapping the well and salvaging usable parts. Harry made a motion to scrap the well, seconded by Pat M. and approved by the board.

Harry read the letter from Fred Zosel covering his disappointment concerning the garden issue and pointers on how to be a leader. Letter attached. Ed responded to letter by saying anything said or covered in the Executive Session should not have been discussed with anyone outside of the Board. There was no formal motion and vote in the Nov.2011 or Feb. 2013 Board Meetings approving the garden.   There was no budget or rules clarifying leadership, assignment of plots, fencing, etc. The location of the prepared ground was a safety issue on the golf course. Using some of this data the Board voted to not pay for the preparation work. As far as Ed was concerned, there is an election coming up and if homeowners disagree with the job he has done they can vote for a change. If Ed continues in the president role, he will have the same standards and expectation as he has already demonstrated.

Paul Puck – Barking dog issue has been worked with the authorities and the dog owner. The owner is saying they do not run free all the time and are not barking all the time. There is not much we can do.

Gary Montomery — There are several times Homeowners lose their mail key and have to go to Veronica for help. Why doesn’t the board consider buying 4/5 of theses simple locks so they can be given out by the office to replace the lock with the lost key. A motion to buy 4/5 locks was made by Gary M, seconded by Judy M. and approved by the board.                                                                                           

Gary heard someone had drowned a stray animal in the pond and discarded the carcass in the dumpster. It should be clear the association does not approve of such behavior.

Gary said we have not dealt with the letter from a homeowner concerned the doors to Wertz Hall were locked during a private party.

Gary worked up a recommendation (copies given to board) to give employees a $.50 raise costing AW $13,895.32.

Gary was asked what happens to voting ballots. He was told by Veronica that they are sealed, locked and kept for 7 years.

It was very surprising to Gary when he heard Ed talk about the verbal and physical abuse past presidents and directors have experienced. As long as issues are talk adult to adult Gary would have no problem. What is our recourse, would it pay to check with an attorney? As parliamentarian, Dick N. said Texas Law gives us the power to ban attendance at official meetings.

Pat Mulvaney – said she had handed out a standard form to be used in approving/disapproving extended stay requests (longer than the 2 weeks). It should be discussed next board meeting.

Letty Kemp asked Pat if she could again rent the garage of AW rental to store her car during the summer. Ed said he did not know this was done before. Pat said she was not sure of the cost but that Veronica would be familiar with this request. Pat M. made motion to rent AW Rental garage in summer to Letty, seconded by Gary M. and approved by Board.

Pat said she had a request from Joel and Marleen Harris to allow her mother to stay for 1 month from Dec. 4 to Jan. 8. Pat M. made a motion to approve this extended stay, seconded by Harry D. and approved by the board.

Pat shared her concern that we were without a vice president for such a long period of time. Ed indicated he had found out it was okay to go without a vice president until the next election. Also a step he has taken is to always let Veronica know how he can be reached when he is gone.

Another concern of Pat’s was that not all board members were informed about new and settled issues, i.e. WIFI, Covenant approval and filing.

Pat also informed the board that we do not have anyone managing the rental unit again.

Gus Gustafson – a month ago Fred and Christina Zosel asked the board to consider upgrading the Park on Azalea by adding a gazebo, barbeque pit, bathroom etc.  Gus suggested we table and ask the Landscrape Committee to look into the request and come back with a recommendation. Ed also added we did not know if we are going to get WIFI in the park and if we do the park is one of the places being considered for location of the WIFI tower.

Judy Milan — in the past few weeks, the West End has been solicited. One person wanted work and was very disagreeable and threatening when turned down.

With the number of houses for sale and also the number of them listed with Realtors, Judy felt it was time for Adobe Wells to advertize in the Winter Texan so more people become aware of us.

Judy said she was also told the laundry room is not being kept clean. Ed and Ormal defended the work being done by our cleaning person. Judy said maybe we need to communicate with all homeowners telling them to clean up after themselves when they use the laundry room.

Ormal Guinn – Ormal asked the board to approve Jim Brock using his golf cart while helping Jerry Becker with the hi-handicap golf lessons. Jim Brock will be very careful to not abuse the course while using his cart. Ormal made a motion to allow Jim to use his cart while teaching hi-handicap golfers, seconded by Gary Montgomery and approved by the board. Board members cautioned approving this could lead to other requests. Judy Milan said we have to follow the requirements of the Americans With Disability Act.

Adjournment   Gary Montgomery made a motion to adjourn meeting at 10:45 p.m., seconded by Gary Montgomery and approved by the Board.