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					MINUTES OF THE REGULAR MEETING OF BOARD OF DIRECTORS OF THE NORTH OAKS HOME OWNERS' ASSOCIATION The regular monthly meeting of the Board of Directors of the North Oaks Home Owners' Association was held November 5, 2009 at 7:00 P.M. at the Eastern Recreation Center. Directors present: Joan Brainard, Jackie Crandall, Tom Dougherty, John Hartinger, Jerry Hinderman, Gary Krebsbach, Chris Mann, Stephen Moriarty, and Lugene Olson Absent: Peter King Also present: Theresa Hara, Nancy Patz, Del Kulenkamp, Sue and Jim Fox, Barb Egelston, Jim and Karen Emanuelson, Bonnie Grzeskowiak, Terry Wade, Mark Stankey, Terri Toner, Loretta Hazlet, Manny Steil, Rick Shand, Thomas Johansson, Mark Ekblad, Board candidates Eric Stumne, Mike Egelston, Mark Azman, Jonathan Hoistad, Layna Peltier, George Rux, Jeff Rhein, Chris Robertson, Bruce Smith, and John Moncrief, Gregg Nelson, City Council member, Kevin Scattum, TV coordinator; and Michelle Klein, NOHOA Executive Secretary The meeting was called to order by Board President Lugene Olson. VISITOR COMMENTS Ms. Bonnie Grzeskowiak expressed concern about two issues. The first issue is the ballot which will include a vote on developing a trail on Tract X. She felt that this is not a transparent ballot. There are no costs attached. She felt that a “yes” or “no” vote for Tract X would be a simpler way to vote (like the vote for the budget). Include the costs. Then it is a full disclosure and transparent. She was pleased that the membership is going to vote on this. She felt that the Fact Report drafted in January 2008 and as amended in September 2008 was succinct and very well written but felt that the 2009 report was very confusing and not helpful to make a decision regarding Tract X. She supports simplicity, transparency and full disclosure. The second issue is the behavior of Board members. Members have been encouraged to be involved and she has read a number of articles encouraging people to contact Board members with opinions and concerns. She stated that she called Ms. Olson and Mr. King but they were not available. She then called Ms. Brainard who recorded her comments. Her fourth call was to Mr. Hartinger and reported that very quickly the discussion took a less than respectful tone. When she reminded him that he had a fiduciary responsibility to the membership, she felt bullied. He told her that if she was so interested in Tract X, she should run for the Board. She watched the October Board meeting and felt that the Board members were being very disrespectful to each other. Board members need to have respect for community members, neighbors, and fellow Board members in discussing these issues. Tract X has become a very emotional issue and is no longer a business issue or a neighborly issue. Board members should not have single-issue agendas. Board Candidates Jonathan Hoistad, 21 Raven Road, was on the Board about 10 years ago. At that time, there was a lot of contention on the Board. His goal is to work for harmony and cooperation on the Board. He has served on the Planning Commission where he followed three principles - is it neighborly, is it the best solution, and what would be the outcome in 20 years. He feels that capital expenditures must be planned in a methodical way. He would like to involve the North Oaks Company and the City again. Presbyterian Homes could be a great resource to the

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community. There is a lot of talent in the community that hasn’t been fully used. He stated that he is neutral on the Tract X proposal. He feels it should be dealt with in a more methodical way. He believes the trail will be completed at some point in the future and he doesn’t know what the solution will be but it should include the five residents adjacent to Tract X. Mr. Krebsbach asked Dr. Hoistad why he thinks that the trail is not complete. Dr. Hoistad responded that the reason for the North Oaks Company conveyance was to complete the trail around the lake. Regarding the question about ethics, he feels it is a very important subject. He expressed concern that, during a recent vote regarding Tract X, Mr. Krebsbach voted, that the president voted even though historically the president votes only to break a tie, and that Mr. Dougherty voted. Ms. Olson clarified that the Bylaws say Board members have to state the conflict but don’t have to recues themselves. And they do not state that the president can’t vote. Mr. Krebsbach stated that he voted because it was about a procedural issue. Dr. Hoistad is interested in working in the area of Grounds and Buildings. John Moncrief, 10 High Circle Way, ran for the Board because of the newspaper plea for candidates. He is a professor at University of Minnesota and thought he could make a contribution to Land and Water Management. Bruce Smith, 3 Falcon Lane, thought new blood might not be a bad idea. He is a teacher, geologist and anthropologist. His biggest interest is in Recreation – activities for children and adults. He has served as Soccer coach at Central High School and assisted in redoing the grounds at the Blaine soccer facility. Chris Robertson, 31 Nord Circle, stepped forward because of the lack of candidates. He has not been impressed by what he has seen when he has watched the meetings on the web (behavior of the Board). Everyone gets passionate when something hits home, but all must keep a level head when dealing with each other. He’s concerned about the trail system and the lakes and safety on roads. He is in favor of the lakeside trail option. Ms. Brainard stated that Board members have agreed to disagree but are respectful of each other. Mr. Robertson disagreed about respect. Ms. Olson asked Mr. Robertson how can NOHOA go about selling real estate without publishing addresses. Mr. Robertson stated that it would be impossible to market properties without the address. He believes it would be a futile fight. Mike Egelston, 28 Duck Pass Road, felt that there are so many good things happening in our community. He ran last year and put his name in again this year because the newspaper stated that candidates were needed. He spent this past year learning about the community. If you hear so many people saying that the Board has a problem, then you need to look at that. Tract X has taken so much of the Board’s time and energy that it is not doing some of the things that it could otherwise be doing. He feels that the community is slipping. The Board hasn’t focused enough on lands and waters. It must make sure that it doesn’t slip from being a premier community. Given the current information that he has seen and everything that he has read and having walked on Tract X, NOHOA spending $100,000 to build a trail on Tract X would be a foolish expenditure. He has heard of no one who has been hurt on the roadside trail. Jeff Rhein, 3 Eagle Ridge Road, is interested in the future of North Oaks. It is a great community but there is a turnover happening now. There is emotion and conflict because people have a passion. He is not in favor of the lakeside trail but would support whatever decision the membership makes. He has walked Tract X and doesn’t see where it would be

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cost feasible to build it there. (He has some construction background.) He is interested in Grounds and Buildings or wherever he would be needed. Eric Stumne, 2 Nuthatch Lane, likes the lakes and trails. North Oaks is a great community. He ran because of the newspaper article. He works in the Minnesota Judicial Branch. There are a lot of contentious issues. He prefers a lakeside trail option if it is feasible but there are a lot of moving parts. He has been catching up on research and would like to see upgrades to the beach and the recreation centers. Mr. Moriarty asked him to comment on our website independence from the city and security. Mr. Stumne felt that the website has worked fairly well and has a lot of information on it. He would be interested in Trails, Land and Water Management, and Recreation. Mark Azman, 12 North Deep Lake Road, grew up in North Oaks. He loves the natural resources, lakes, paths, etc. He has heard discussions tonight about discord on the Board. He has watched meetings, talked to some Board members and complimented the Board on having accomplished some great things - strategic planning, reserves, beach improvements, West Recreation Area improvements, office space, and a private web site. He would like to be part of the momentum to keep things going. Tract X involves a number of home owners. He had the opportunity to review the issues and feels that what is key is what is best for the entire community, not just a few or even a majority. Regarding the question of conflict of interest, he is an attorney and noted that if there is an appearance of impropriety, the Bylaws probably need some updating when there is no real standard to gauge what is right or wrong. He is interested in Land and Water Management and Grounds and Buildings. All of our lakes and lands need to be taken care of. He looks forward to the opportunity to serve on the Board. Layna Peltier, 16 Wildflower Place, loves North Oaks because it offers what people find important to family. It is safe, beautiful, has good schools, etc. Her background is in public administration. She always tries to keep an open mind. North Oaks is changing and a fresh perspective is always good. Keep open communication. Ethics is a good thing. If it doesn’t pass the smell test, then perhaps the Bylaws need to be reviewed. She is interested in any area where she would be needed. Ms. Brainard asked if she would be interested in Special Events. Ms. Peltier stated that she has a background in event planning and feels that community events are very important. George Rux, 5 Shadow Lane, was on the City Council for eight years. He is a strong believer in term limits. With background with the City, it is important to recognize that NOHOA is the aspect that makes North Oaks unique. It provides an opportunity to do things that other cities can’t. He looks forward to serving on the Board. He disclosed that he is a business partner of Mayor John Schaaf but he has no conflict of interest because they do no business in Minnesota. He is a strong advocate of private property rights. He is interested in Grounds and Buildings. Ms. Olson thanked the candidates for coming to speak to the Board. Motion to approve the agenda. Motion carried. Mr. Dougherty made a motion to approve the September and October Board meeting minutes. Mr. Hinderman seconded. Motion carried.

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Mr. Dougherty made a motion to accept the October Financial Report. seconded. Motion carried. PRESENTATIONS

Mr. Hartinger

West Rec Committee – Mr. Stankey presented an update on the activities of the committee. He thanked fellow committee members Steve Bullert, Joan Brainard, Lugene Olson, and Bob Turkington. He presented a diagrammatic response to the request from the Board last month. The community is based on the suburban idea of seclusion. There is a portion of the community that is interacting with the West Rec Area every day. The committee’s investigation was in response to the 2009 survey: the existing structure doesn’t address a lot of other activities, the road bisects the park, the building should be more centrally located, etc. The committee is recommending several remote structures (small concrete slab with a covered area for seeking refuge in rain/sun) in strategic locations adjacent to the ball fields, cleaning up the parking areas, moving the building site north and west to be more centrally located, improving the crosswalks, and possibly splitting the road to create a boulevard to slow speeds, beautify the area, and ultimately make the West Rec area better and safer. He reviewed the proposed building program. The committee is looking at doing sustainable (green) features if feasible and investigating the possibility of looking to the community for funding options and naming rights. They are asking for bids from design teams. Ms. Mann asked if there was a way to combine the meeting room with the warming house because the hockey season lasts only two months. Mr. Stankey stated that the committee has visited a number of sites that use the same space, but it doesn’t work well because of the abuse that the warming house takes. Ms. Crandall asked if this would include updates to the rinks. Mr. Stankey stated that the hockey boards are in disrepair and need to be updated. Mr. Moriarty thanked Mr. Stankey for his presentation and stated that he would like to see things that set North Oaks apart like circular buildings, curved pavements, geo-thermal and eco-friendly materials, etc. The committee will pursue LEED strategy for the building. Mr. Stankey requested the authorization of not to exceed $10,000 for a schematic design study and a survey update. Ms. Brainard moved to authorize the expenditure of up to $2,000 for a survey update for the West Rec Site and to authorize the committee to proceed with requests for proposals which will be paid for with proceeds from the Community Fair. Mr. Krebsbach seconded. Motion carried. ACTION ITEMS Annual Meeting Business – Mr. Hartinger moved to approve the candidates for election to the NOHOA Board of Directors as follows: Mark Azman, Mike Egelston, Jonathan Hoistad, Eric Stumne, John Moncrief, George Rux, Gina McDermott, Bruce Smith, Sir Brian SterlingVete, Chris Robertson, Jeff Rhein, and Layna Peltier. Mr. Moriarty seconded. Motion carried. Mr. Dougherty moved to accept the budget for 2010 dated October 31, 2009. A dues increase of $15 ($820) will be recommended to the membership for approval by mail ballot. The results will be announced at the Annual Membership Meeting. Mr. Krebsbach seconded. Motion carried. Ms. Crandall moved to authorize the use of the mail ballot. Mr. Moriarty seconded. Motion carried

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Ms. Brainard moved to approve members of the League of Women Voters to serve as the Ballot Board for the voting in connection with the Annual Membership Meeting and to appoint Kathy Tomsich and Carol Bergeson as Co-Chairs. Ms. Crandall seconded. Motion carried. Mr. Krebsbach moved to approve a donation of $250 to the League of Women Voters in appreciation of their efforts. Mr. Hartinger seconded. Motion carried. Lake Gilfillan Watershed Association Request – Ms. Mann summarized research that she has completed since the last Board meeting. She did not recommend aerators. St. Paul Regional Water Services has turned off all of its aerators to determine if they are working. The Lake Gilfillan Watershed Association (LGWA) should apply for funds for impaired waters through the standard process. A more permanent solution is lakeshore restoration. Vadnais Lake Area Water Management Organization’s (VLAWMO) Lake Gilfillan Sustainable Lake Management Plan will be completed this winter. To jump in and put in an aerator would be premature and recommended that members wait for VLAWMO’s report. Mr. Egelston stated that the Board asked Mr. Mann to investigate specific items and he has not seen that yet. Ms. Mann responded that: 1. VLAWMO did not say it was necessary. 2. Board is responsible for spending NOHOA money and she thinks it is premature until VLAWMO sends out its final report. Mr. Egelston noted that the Lake Gilfillan Watershed Association has collected approximately $9,000-10,000. Mr. Kulenkamp noted that the DNR had been rearing walleye in the lake. Weeds became such an issue that they were no longer able to salvage the walleye. There is a huge healthy walleye population in the lake. The major issue is the quality of the water. Removing the rough fish is not a solution. Mr. Ekblad stated that the LGWA is trying to save the lake. The Board has shoreline restoration on its mind and the committee has aeration on its mind. They are both tools. The only way to get rid of the muck is more water or aerating the water. The goal is a clean clear lake that will sustain the fish, keep the property values up, and bring the birds back. Mr. Moriarty stated that the Board hired Joe Walton of Great River Greening to do an extensive analysis of Pleasant Lake and wondered if it would make sense to have that report done on Lake Gilfillan. Ms. Mann noted that VLAWMO is doing a Strategic Lake Management Plan and recommended that the Board wait for the report before deciding what to do. This is a marathon not a sprint. We shouldn’t do something too quickly. Mr. Krebsbach asked if it would be fair to participate as a land owner and contribute an equal amount to the project. Ms. Olson suggested that the Board should be considerate of the home owners whether Board members agree or not. They have valid concerns. They need a long-term plan, but the Board should cooperate with the committee. Mr. Steil stated that he has lived on the lake since 1967 and he believes that it is incumbent upon the Board to do its homework about the lake. The real issue is not phosphorus, shoreline restoration, or fish; it’s water. There isn’t a home owner on the lake who uses fertilizer with phosphorus. The problem is the geese. He is discouraged that he sees no interest in the

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community to focus on creating healthy lakes and ponds in North Oaks. He asked Board members not to get distracted by the issues of fishing, shoreline restoration, etc. Put the longterm focus on how to get water into this lake. There are currently millions of gallons of water being pumped down the sewer from the extraction wells. He implored the Board to look at the big picture of all the lakes/ponds in North Oaks. Time is running out. If the aeration isn’t installed now, there will be a lot of dead fish. Ms. Crandall asked about the water levels in Deep Lake. Mr. Azman stated that the water levels have been improving. Ms. Crandall asked if the committee was still soliciting donations. Mr. Egelston indicated that the committee continues to solicit donations. Mr. Krebsbach moved to authorize the expenditure of $1,000. Mr. Hartinger seconded. Mr. Krebsbach rescinded the motion. Ms. Olson suggested that, as a sign of good faith, the Board make an extra gesture. Mr. Robertson stated that this lake is valuable to all members of NOHOA. This is what the Board is here for – to protect its resources. This is counter-productive. Mr. Krebsbach moved to make a donation to the aeration system - $1,000 as a lot owner and another $1,000 as a good-faith gesture by the Board - and to ask the North Oaks Company to match the donation. Mr. Dougherty agreed and seconded. Board members noted that this is not intended to set a precedent. The funds would be taken from Undedicated Reserves. Motion carried (8-1). Mr. Emanuelson stated that there is a significant difference between lakes and ponds. Lakes are community property. Ponds are private. The property lines extend into the ponds. Shoreline restoration is good for improving the quality of the water. The aeration is intended to keep and/or increase the water. If the lake dies, there will be no reason to restore the lakeshore. Holiday Home Tour Request - A letter has been received from the North Oaks Children’s Hospital Guild 1 requesting permission to do the annual Holiday Home Tour. Ms. Brainard moved to approve the request of the North Oaks Children’s Hospital Guild 1 to hold the annual Holiday Home Tour on November 20 and 21. Ms. Crandall seconded. Motion carried. Temporary Winter Storage Shed at the West Rec Area – Mel’s Services has requested permission to place a temporary storage shed for winter storage of ice grooming equipment at the West Rec Area. Mr. Hartinger moved to approve the placement of a temporary storage shed at the West Rec Area to house the equipment used to maintain the ice this winter. Ms. Brainard seconded. Motion carried. Appoint ASC Members – Three Architectural Supervisory Committee members’ terms expire this month. Mr. Soderbeck, Mr. Magner and Mr. Lesieur have asked to be re-appointed. There being no additional applicants, Mr. Hartinger moved to appoint Gary Magner and Paul Lesieur to serve a three-year term as an alternate member of the Architectural Supervisory

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Committee and to appoint Dean Soderbeck to serve a three-year term as a regular member of the Architectural Supervisory Committee. Mr. Krebsbach seconded. Motion carried. OLD BUSINESS Cell Tower Property Taxes - Mr. Moriarty noted the letter from the attorney that was reviewed at the last budget workshop. The next step is to draft and send a demand letter to the Cell Tower companies. DIRECTORS’ REPORTS President – Ms. Olson reported that the Newcomers’ Halloween Party at the Wilkinson Lake Park was a great event and suggested that perhaps this event could be sponsored by NOHOA in the future. She thanked John Lundgren for driving the tractor for the hay ride. NOHOA should continue to talk about the crosswalks. The roads are private, the Board can choose what to do with them, but NOHOA needs to better understand the requirements that allows it to use the Ramsey County court system for enforcement. Ms. Olson has had discussions with the City Administrator about the Xcel Energy Franchise Agreements that the City has received. NOHOA’s attorney and the City’s attorney have reviewed them and made changes. She continues to work on them with the City Administrator. The Board may have to vote on them at the December Board meeting. The Natural Resources committee meeting has been postponed. There have been several complaints about tree branches overhanging the roads. If anyone notices low hanging branches, please report them to the City Administrator. Grounds and Buildings – no report. Treasurer – Mr. Moriarty reported that for the month ending October 31, 2009, NOHOA reported total income of $21,709. Total expenses of $134,381 resulted in net income of $112,672. For the year to date ending October 31, 2009, NOHOA reported total income of $1,509,194 or $40,919 over budget. Total expense of $1,203,740 was $3,560 over budget resulting in net income of $305,454 or $37,358 over budget. No other material changes to report. Trails – no report. Capital Projects –Ms. Brainard reported that the Office Committee has started negotiations with Wellington Management on the joint office space which would be located on the south end of the first floor of the Financial Center. The Beach Committee is looking at designers for on-site septic system. Land and Water Management – Ms. Mann reported that she is working with VLAWMO to schedule a shallow lakes workshop in North Oaks. VLAWMO did a program on shallow lakes and the DVD is available at NOHOA office.

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Mr. Joe Walton will present his Pleasant Lake Shoreline Restoration report at the January Board meeting. Ms. Stephanie McNamara (VLAWMO) will approach St. Paul Regional Water Services for funding for the lakeshore restoration on Pleasant Lake. North Oaks Company – Mr. Dougherty reported that there is a new house being constructed in Rapp Farm. Strategic Planning and Communication – no report. Roads – Mr. Hinderman reported that Mel’s Services has started a project on north side of East Oaks Road to help stabilize the shoulder. Safety and Security Committee, Special Projects, Recreation – no report. ANNOUNCEMENTS Ms. Olson announced that the Annual Membership meeting will be held on Thursday, December 3. The ballots will be mailed mid-November. Mr. Dougherty questioned why the Fact Sheet was being singled out for sending to the members versus the other reports. FUTURE AGENDA ITEMS Office Committee update The next NOHOA Board meeting is scheduled for Thursday, December 3, after the Annual Membership Meeting, AT THE EAST RECREATION CENTER. Upon a motion duly made, seconded, and carried, the meeting adjourned at 11:25 p.m.

Respectfully submitted,

Joan Brainard Secretary


				
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