September 21 Open Session 7PM to 10:30PM 3.5 Hours
Click for instructions to access a link to a full audio recording of this meeting (Note: Clicking will take you to the VillageWest.org site which requires registration and/or log in to existing account).
David opened the meeting and established a quorum. Homeowners were told there would be two minutes at the open session to ask questions.
Candy Tangney made a motion for the election of officers as follows: David Leiss as President, herself as Vice-President, Dianne Tesarek as Treasurer, and Mark Rohlfing as Secretary. The vote was unanimous.
Pool Building Construction: John Respess, chairperson, reported to the BOD and requests a maximum budget of $15,000 for the building that protects and hides the pool equipment. They have 4 bids (3 new plus 1 revised). He is working on compiling a comparison. The actual Pool Building that includes the storage areas and restroom is also in bad shape and the costs for that will be significantly higher. David wants more of an Open Concept like Walnut Bend and Lakeside Estates with canopies. John replied that canopies have a 5 yr. life span compared to shingles with 15+ year.
Deed Restrictions: David feels that we need to have ACC guideline which are not different than the Deed Restrictions and guidelines only have to be approved by the BOD. He would like to include horizontal fences and Board and Batten Siding. This was tabled for further discussion by the Board of Directors only. Candy is in favor of granting variances to residents when ACC request do not meet neighborhood standards. Director Rohlfing argued for neighborhood consistency.
New Business: Dianne recommends Price Wagner, that will mulch once a year and irrigate 9 times a year. Anthony wants mulch twice a year and irrigation 12 times a year. and he wanted to know if they gave an assessment of our irrigation, and the answer was No. There is no information of what other services this company will provide or the associated cost. David wants seasonal color 2 times a year, at the cost of $900. Ransom indicated that we need copies of its Irrigation and Pesticides licensing. Mark and David agree to send this contract to the attorney for review.
The neighborhood sign at Wickersham and Woodland Park has no water supply to it. Candy suggests that we pay that homeowner for a portion of their water bill to run an underground hose from their house to an underground sprinkler on a timer at that signage. Mark wants VW to put its own meter because of potential liability and future change in homeowners. Ransom agrees that the meter would be best to minimize VW’s liability issues to the homeowners but states that could cost as much as $4k; and Dianne states that will cost too much. Candy suggests another option is to move the sign to the esplanade where there is a sprinkler system. Antony suggests an assessment of our irrigation system. This issue was tabled or now. Dianne did not know that Mark wanted to see the irrigation license and she offers to look into it. Dianne states she does not want to spend a lot of time reviewing the contract.
Hayes Road Visibility: The street is supposed to be clear for 25 feet. The resident on the northside of Wickersham agreed to VW taking down from their yard. Dianne thinks that VW should pay the cost to do so. Mark and Ransom state, it is not VW’s liability because the city created the current liability because of the expansion project in 2018. There is a brief discussion on the use of traffic mirrors, but no decision is made on that option. Ransom suggests that we contact our Councilman because this became an issue when the city widened Hayes Road. Candy argues that VW should incur the cost of whatever solution because if something happens to someone, for example to her because of this issue, she will make sure to sue the neighbor and the community. The board does not decide on a solution until further discussion are had.
Board and Management monitoring and posting on social media: David stated that homeowners are to use the “Contact Us” tab to contact the Board of Directors and not the message board. Responses will only be addressed at the next scheduled board meeting. Anthony stated that all board members should only state facts. There is a discussion of a zoom meeting and that only 3 board members were invited (David, Dianne, and Candy) and Joanne Burrows was going to host it. Mark and Anthony were not included. Mark states that when people hear something or post questions concerning what they heard, it is better for the board to dispel the rumor mill. David disagrees with Mark. Anthony disagrees with David. David indicated that the reason he “likes” most posts is because people are voicing their opinions and that he wants total transparency, but that board members have to follow the rules. David states that the HOA attorney informed him addressing questions on social media creates a potential liability, as the board needs to speak as one voice, but the attorney also stated that it is a “gray area”. No motion is made, but the decision appears to be that homeowners must use the “Contact Us” tab (villagewest.org) to contact the Board of Directors and not the message board. Any responses made by the Board will only be addressed at the next scheduled board meeting and not before. Homeowners are reminded that each would have two minutes at the open session to ask questions and not before so that the board may conclude all necessary business; and that questions would only be limited to issues with the management company only as the board wants to hear from residents on that issue.
Management Company: Ransom exits the Zoom meeting and David takes the duties as host. David states that people have concerns about to management company and that based on canvasing the neighborhood and that those residents voted for him; and residents that were happy with the management company voted for Peggy. There was a 2 yr. contact with ACMP that was signed in June in 2016 and then current 5-year contract signed in July 2016. That contract states that any cancellation must be with cause and has a payout amount. David wants a contract to be renegotiated to include a cause or no cause provision and with no payout. David states that Ransom wants to hold our records if we did not pay but cannot do so. Mark states that Ransom has been our vender for 7 years and has proven himself. Carla Cooper, who was President of the board at the time both contacts were signed was asked why there were 2 signed contracts? She answers that the then board voted unanimously to sign a longer-term contract due to all the issues involved with changing management companies in the past. One homeowner begins to speak but is told she can speak in the open session only. David makes a motion to accept the addendum and then withdraws his motion. Mark makes a motion to accept the addendum. Mark does not want to ask for a lower penalty as Candy suggested because the penalty forces the board to act like adults. Anthony repeated asks David to name 3 things that residents complained about regarding ACMP. David states he does not have his list and did not answer. Anthony asks for David to name 1 thing that residents complained to him about. Still no response. Finally, Candy reminds David of some issues and he responds: records lost during Hurricane Harvey when the ACMP office flooded; contracts sent to ACMP; minutes are sloppy, bank reconciliations are not timely, incorrect invoices are sent to the board, grounds keeping issues, and ACMP does not meet with vendors. Dianne states no involvement by board with vendors, no answering machine; how far away their office is and ACMP talks to attorney and BOD is not notified. Ransom states that he has asked the Board multiple times to provide a list of issues and nothing has been provided to him. Ransom also states that ACMP has a phone system with 8 lines that takes calls, and logs in every call received; and if there is an issue he wants to know so he can go back to the phone system and obtain where the problem is so he can address it. Mark and Antony ask for a vote, and Board members are asked to vote. David wants to wait until Dianne and Candy vote. Candy wants to know why the rush. Dianne wants to wait until after people have a chance to speak in open session and she thinks any penalty is unacceptable. David states that the attorney says a penalty clause is normal. Mark agrees and states that a penalty holds the BOD accountable as well. Mark indicates that this is a normal business practice with professional contracts, and this is VW’s only professional contract as all other contracts are blue collar. David, Candy, and Dianne vote No, until after open session. Mark makes a motion to table it until after open session.
Open Session:
Homeowner, 1: Addresses concerns about drive through traffic on Wickersham and wants the HOA to get Wickersham and Olympia closed off. Dianne said we would revisit and stated she believes there is a way to do so.
Homeowner 2: States he never sees constables. Only sees them parked at the clubhouse in the past 6 months. Dianne agreed. Hilda interrupted and said the City is planning on getting rid of constables. Dianne says it is a different level of accountability. Candy states she never sees them. Mark says he sees them all the time.
Homeowner 3 I have never had a problem with ACMP. They are very responsive and have even delivered a VW car sticker to my house when my car was totaled. I am on Citizens on Patrol and not only do I see them all the time throughout the neighborhood but when I have contacted them regarding issues they have an excellent response time, Regarding our SAYOR program at our pool. Parents are turning on the water spigot at the slide and allowing their children to either climb over the “closed” sign or crawl under it to use the slide. Children are climbing onto the lifeguard stands and using them as diving boards. In fact, they have broken one of the platforms. The depth of the water is not deep enough for diving in those areas. Since I have brought this to the attention of the BOD, you are now liable if anyone gets hurt.
Homeowner 4: If we became a gated community, we need approval from HPD and HFD. I served on the Speed Cushion Committee, and that at time VW looked into this option and the Committee was informed that though approval was unlikely, if the city did approve gates or we become a gated community then VW would be responsible for everything within our neighborhood which is currently maintained by the city (such as streets, signs and lights) and pedestrian traffic could be prevented from entering. This should be considered when discussing closing off streets as it could prove costly. As part of Citizens on Patrol and coming in and out of the neighborhood multiple times daily, she sees the constables every single day. I was on the board when VW changed from RCM/Cindy to TCMP and then to ACMP which is the best by far. As for the complaints all the complaints mentioned about ACP are clearly board related issues as homeowners do not have access to the information that the Board stated were resident complaints. I would like to know how the committees are being formed, as there appears to be committees that the residents were never told about?
Anthony replied that there is only 1 committee currently and Dianne appointed the members.
Homeowner 5: Does not want to lose pool amenities. I do not feel that the slide is as hazardous as a diving board. Mark indicates that per the insurance company the slide is just as hazardous. Peggy Martin agrees about not losing the amenities, but they must be secured and maintained.
Homeowner 6: I feel that the crepe myrtles and trees need to be cut down at Wickersham and Olympia. Concerning Horizonal fencing, it is the up and coming type of fences and I would like to see us update. I spoke to someone who received a warning and a violation in the same envelope and was given 10 days to make the correction. Mark indicates that is the minimal requirement.
Homeowner 7: I want to know when we are going back to in-person meetings. Regarding the management company, I was on the board when the board decided to execute the 5 years contract in lieu of the 2-year contract signed in the previous month, and it was unanimous. I have left messages for the management company on recorded line. Does ACMP have voice mail when calls are not answered? Ransom indicated that all calls are recorded.
Motion: Mark motioned to close the open session. It was unanimously agreed to by the Board.
Management Company Addendum: Mark makes a motion to accept the addendum. Anthony seconds the motion. Mark states he did not hear any complaints in the open session. Dianne wants to wait until they get rid of the penalty. Anthony does not agree with Dianne as the penalty hold the BOD accountable. Ransom states that he reduced the penalty from $18,000 to $5,000 or the balance of the monthly payments whichever is less, and he is not reducing it anymore. David states, we need to call for a vote and that the attorney says half of these types of contracts have a buy-out option. David, Mark, and Anthony vote YES, to accept the addendum, Candy votes to ABSTAIN, and Dianne changed her vote from NO to ABSTAIN. By a count of 3-2, the addendum was accepted.
Meeting was adjourned at 10:30 PM 3 ½ hours.