MINUTES
FEBRUARY 21, 2007
AGHA BOARD MEETING
I. The meeting was called to order at 7:00 P.M. by President, Randy Simpson.
II. ROLL CALL: Board members present: Norm Arlt, Debra Jones, Bob Meyers, Randy Simpson, Anne Stellmon, Adam Tucci, Cindy Wagner and Bill Windler. Absent: Royal Shields
III. APPROVAL OF MINUTES from the meeting of January 17, 2007. Norm Arlt made a motion to approve the Minutes which was seconded by Cindy Wagner. The motion passed unanimously.
IV. AGHA FORUM: Homeowners present: Ron Adams, Quink Arlt, Patti and David Estes, Derrick Laughlin, Ed and Kerry Rashid and Larry Stellmon.
A. Pending Litigation- A discussion was held regarding pending litigation by the AGHA against a
homeowner regarding a covenant violation. Homeowners expressed their concerns and asked questions pertaining to the action taken by the Board. Randy Simpson explained that the fiduciary responsibility of the Board to uphold the AGHA Covenants and the lack of response from the homeowner to all written communication from the Board led to the Board action. Ron Adams, Ed Rashid and Bill Windler provided the following comments to be included in the Minutes.
Ron Adams:
I want the Board to continue with the lawsuit as long as it looks like we have a strong case and as long as it looks like we can recoup our attorney fees. If it starts to look like we might lose the case or fail to recoup our money, then I think we should cut and run.
The homeowners in question have been very disrespectful of their neighbors and the covenants ever since they moved in.
Also, the new driveway is way over covenant size and I think it lowers the property value of every house in the vicinity.
Ed Rashid:
In regard to the probable driveway litigation issue, it appears at this time proceeding with litigation does not represent the intention of the majority of the 91 homeowners outside the Andover Glen Board.
If the association proceeds with this lawsuit and loses, has anyone on the Board considered the overall long term financial losses in a counter discrimination suit, whereas we are trying to apply a covenant guideline which has not been enforced in Andover Glen since the original development?
Many of the existing three car garages and associated driveways exceed the 26’width limit identified in the covenants. A quick overall observation of Andover Glen shows that approximately 50+ three car driveways range from 27’ to 35’. I recommend we stop the legal proceedings since the permit was pulled and approved with Arapahoe County and the 40% frontage limitation has not been exceeded.
I realize there is an elevation issue between the driveway surface and the adjacent ground. This issue can be addressed without the cost of formal litigation. Has the Board communicated this issue to the homeowner in a nonthreatening manner? I would suggest if that is the case, then a property lien could be assessed on the property to rectify the elevation issue.
Bill Windler:
Strategic Plan/Covenants must be relevant; activities must be evaluated and adjustments made.
1. Alignment of Resources
2. Evaluation of the plan
3. Modify the plan to meet current needs due to political climate and people/expectations changes.
We are missing a relevant, up-to-date strategic plan. Therefore, we keep bumping our heads together trying to figure out what to do and how to pay for it.
The current covenants do not address current needs of the AGHA. We have many items that do not necessarily lead to increased property values such as broken fences, gravel driveways, overgrown shrubs, holes in yards, litter and houses that need painting and escalating water bills.
We have finite resources. What are our priorities? How do we know what they should be? We keep getting sidetracked and spend a lot of time on things that may or may not need to spending time and money on.
I am new and have tried to listen and to be nonjudgmental to date. Example, I don’t agree with everything Bob says. However, when I think he is onto something I intend to listen, especially when it may mean a potential expenditure of up to $20,000.
Therefore, and because I too am interested in upholding my fiduciary responsibilities I propose the following options:
1. temporarily zero out the legal budget and hire, not to exceed $20, 000, a professional to assess our covenants, survey the homeowners to determine priorities, propose new covenants and assist with a pr campaign and strategies to get buy-in into a new set of covenants that are relevant in compliance with statues and focus on items that will enhance and protect all homeowner property values.
2. or put $20, 000 immediately into a xeriscape project
3. or put $20, 000 into replacing the worst section of the Parker Rd. fence.
4. or we do it ourselves.
5. or refund dues
I stated when I got on the Board that I only support projects and activities to protect and/or increase property values. I don’t believe the potential expenditure of $20, 000 on a lawsuit to enforce antiquated covenants is a good expenditure at the time.
B. Xeriscape Grant Update-Quink Arlt reported on the meeting she and Anne Stellmon attended with a landscape designer to develop a xeriscape design that will be submitted along with the City of Aurora grant application. She showed the “to scale” design that was made; the design was planned with planting stages in mind, beginning with the area at the Parker Rd. entrance. There is one more meeting that she and Norm will attend, explaining the irrigation component of the package. The grant application package is to be submitted no later than March 8, 2007.
V. UNFINISHED BUSINESS
A. 2007 SPIFF AWARD PROGRAM
Anne Stellmon made a motion that was seconded by Cindy Wagner to continue the Spiff Award Program in 2007. The program and chairman will be subject to Board supervision as provided by the By-laws, Article VII, Section 6. Supervision will include but not be limited to the selection of the chairman, approval of the panel of judges, judging criteria and informational material provided to potential sponsors. Homeowners who are not in good standing with the AGHA due to nonpayment of annual dues or noncompliance with existing Covenants, Policies and Procedures will not be considered eligible for the contest. Following a discussion, Norm Arlt, Debra Jones, Bob Meyer, Randy Simpson, Anne Stellmon and Adam Tucci voted to approve the motion. Bill Windler voted against the motion. Bob Meyer resigned as chairman for this year.
B. COVENANT REVIEW PLAN
Anne Stellmon made a motion that was seconded by Debra Jones for the Board to authorize an exploratory committee and appoint a chairman to commence with a review of the AGHA Covenants. This committee will develop a review plan and strategy to review and amend the covenants no later than April 18, 2007 and present recommendations to be considered at the Annual Homeowner’s Meeting in September, 2007. The committee will make regular reports to the Board. The Board will notify the AGHA in the next two issues of the Gazette of this plan and solicit help from the homeowners to serve on the committee. Norm Arlt recommended that the committee be chaired by a Board member and Bill Windler suggested the use of professional resources to assist the committee. The vote was unanimous to approve the motion. Anne Stellmon offered to chair the committee. Further discussion was tabled until the March Board meeting.
C. IRRIGATION AND GROUNDS CONTRACTS
Norm Arlt presented to the Board five bids for the coming year. He stressed the need for proper documentation of insurance and employees to all the bidders. Norm recommended Michaels Lawn and Garden Service based on its low bid and our current contractor, Emerald Isle, as a second choice. Michaels Lawn Service bid the contract at $8,470 ($25 hr.)
For the irrigation bid Norm recommended Centennial Sprinkler based on their work quality and efficiency. Bill Windler made a motion to accept Norm’s recommendations that was seconded by Adam Tucci. The vote was unanimous to accept Michael’s and Centennial Sprinkler bids and contract with them.
D. EASTER PARTY
Debra Jones confirmed that the Forester Group will sponsor the event, Saturday, April 7, 2007. Randy Simpson will debut as the Easter Bunny that day.
E. SNOW REMOVAL PLAN
Bob Meyer presented a sheet with general thoughts regarding snow removal. A discussion was held that raised concerns about cost, availability of a contractor and our priority if we contracted for snow removal. No further action was taken; Bob will write an article for the Gazette.
F. SURVEY OF INTEREST
Bob Meyer presented a petition to amend the covenants regarding the width of driveways. Randy Simpson accepted the petition and explained the process that will take place:
1. The petition will be given to our legal counsel to write appropriate wording for the amendment.
2. A date for a community forum will be set and a notice will be put in the Gazette.
3. A date will be set for the vote to take place and a notice will be placed in the Gazette.
4. Approval for the amendment change will require 67 homeowners to approve the change.
G. SB89
Norm Arlt made a motion that was seconded by Adam Tucci to approve the Board’s suggested and published update of the AGHA Policies and Procedures to comply with SB89 changes. The motion passed unanimously. The changes will be reflected online at www.andoverglen.org under Policies and Procedures; hard copies of the P&P’s may be obtained from the Board Secretary.
VI. NEW BUSINESS
A. BOARD CODE OF ETHICS
Cindy Wagner made a suggestion to include a Board Code of Ethics and Conduct in our Policies and Procedures. She presented reference material from HindmanSanchez and another HOA. Bob Meyer presented a copy of “My Very Own Code of Conduct”. Further discussion was tabled until the March Board meeting.
B. CHRISTMAS LIGHTS/DECORATIONS
Anne Stellmon made a motion that was seconded by Norm Arlt for the Board, in the next issue of the Gazette, to ask AGHA members to remove from their house and yard all Christmas lighting and decorations no later than March 17, 2007. The motion passed unanimously; Bill Windler was not present for this vote.
C. HINDMANSANCEZ DINNER FORUM, MARCH 1, 2007
Anne Stellmon will be attending this Forum; if anyone would like to join her, she will be leaving at 5:00 P.M. Board members are encouraged to attend these classes as part of their continuing education requirement.
VII. BOARD REPORT
A. President-Randy Simpson said February 28 is the deadline for articles to be placed in the Gazette.
B. Vice-President-No report.
C. Secretary-Anne Stellmon attended the xeriscape planning meeting with Quick Arlt.
D. Treasurer-Adam Tucci noted that two CD’s matured and he combined them into one. Norm Arlt made a motion to accept the Treasurer’s Report that was seconded by Bob Meyer. The motion passed unanimously; Bill Windler was not present for the vote.
E. ACC-Anne Stellmon reported, in Royal Shields absence, that the ACC received a request from the Esters family to replace their home windows. The request was approved.
F. Grounds-See Unfinished Business; Irrigation and Grounds Contracts
G. Social-No report.
H. Neighborhood Watch-Bob Meyer reported a car, parked on the street, was burglarized. He has requested that the City of Aurora publish a schedule for street sweeping so AG homeowners would have a week’s notice to move their vehicles from the street.
I. Welcoming-No report.
VIII. ADJOURNMENT
The meeting was adjourned at 9:55 P.M.
Respectfully submitted,
Anne Stellmon
Secretary, AGHA Board of Directors