Monthly Board Meeting Minutes
Callender Lake Property Owners Improvement Association
Saturday, November 11, 2017
The CLPOIA Board meeting was called to order by President Rusty Rowe at 1:00PM in the Callender Lake Community Center with 16 guests in attendance.
The invocation was given by Mr. Rusty Rowe. All attendees voiced the Pledge of Allegiance.
Mr. Rowe welcomed the guests to the November Board meeting. “This is Veterans Day and I would like to thank everyone that came out to the Veterans Day celebration. I would like to thank all the Veterans present and a special thanks to the families of the veterans. Without their dedication and support to us we couldn’t have given our dedication and support to our country. Often times the families get left out and we can’t forget the sacrifice that they make as well. So, thank you again to all the veterans and their families.”
Board Members Attendance – Eight Board members were present. Treasurer John Harwood had an excused absence.
Approval Of Agenda – Mr. Rowe asked if there were changes to the Agenda. A Motion was made by Secretary Trisha Kirkes to approve the Agenda as published and seconded by Vice-President Alisa Monroe. Mr. Rowe asked for a vote and the motion passed unanimously.
President’s Report: Mr. Rowe stated that there was no president’s report.
Vice-President’s Report: Ms. Monroe reported that there was no vice-president report at this time.
Secretary’s Report: Ms. Kirkes reported that the minutes from the October 2017 Board meeting were circulated via email and published in the CL Lines. As there are no changes or corrections requested, Ms. Kirkes moved that these minutes be accepted and filed for record. The motion was seconded by Director Jo Ann Ishmael and there being no discussion, a vote was taken. Motion passed unanimously.
Treasurer’s Report: Ms. Kirkes stated for Mr. Harwood that the Cash Reconciliation and the Profit & Loss Statements for October 2017 are available in the back if you haven’t already picked one up.
Guest asked why there was a negative balance for the maintenance fee income? Board answered we aren’t sure and with Mr. Harwood’s absence we couldn’t answer that question.
STANDING COMMITTEE REPORTS
Recreation: Director Jo Ann Ishmael reported that the Veteran’s Day activities began this morning with flags raised by Rusty Rowe and Billy Neighbors, Jr. Gerald Kessler was the speaker and patriotic music was provided by Barbara Wiesner. This evening’s activities include a Soup/Chili supper at 6pm. The community is invited to attend as we honor all veterans. An area will contain various military memorabilia and all are invited to display their items.
Christmas Dinner will be Saturday December 2nd at 6pm. Santa will be visiting and entertainment will be provided. Menu includes Roast Beef, Ham, vegetables, salad and dessert. Price is $12 for adults and $6 for children under twelve. Reservations are to be made with Barbara Wiesner or Dick Bolle prior to November 28th.
The Christmas outdoor lighting decorations will be judged on Friday December 15th and Saturday December 16th. If you would like to participate contact Andy Lutz before Wednesday the 13th. Winners will be announced at the January Board Meeting.
Guest asked if there were only two events scheduled this month? Board answered yes.
Guest asked about having a Bass Tournament and who he needs to get with to discuss this event? Board answered that he needs to come to the Dec. 2nd Fish and Wildlife committee meeting to make his proposal.
Public Areas: Director Paul Jenkins reported the following:
- Mowed multiple right of ways.
- Mowed community center.
- Finished placing rock at boat pier.
- Repaired multiple potholes.
- Placed oil sand on Armadillo.
- Picked up trash at all parks.
- Trimmed hedge at gate for security.
- Trimmed limbs on multiple streets.
- There was an accident at the entrance of the community early in the month, thanks to everyone who sent in photos and called or emailed me about the incident. We were able to contact the owner of the vehicle that did the damage and have been in touch with his insurance company to cover our costs in replacing the damaged fence. We are currently working on securing bids to get the work done.
Guest asked Mr. Jenkins if he was the one to get with about a community dog park? Mr. Jenkins answered yes.
Community Center: Ms. Kirkes stated no report from this committee.
Beautification: Ms. Kirkes reported that pansies have been purchased and will be planted this week.
Roads: Director Paul Jenkins reported the following:
- Roads committee met October 29th
- The road repair priority and order that are listed on the current 5-year plan proposal are unchanged. A request was made to ensure we had the right repairs in the right order for the plan.
- Atlas did not complete the bid that was approved for them in the agreed to timeframe. As Atlas has also not even started on the work, the decision has been made to re-bid the project(s) and re-submit for Board approval
- An acceleration of the 5-year plan was discussed and further Board action will be covered in New Business
- Would like full accounting from the Board about how much money is available in the CD, how much regular budget is allocated for roads for 2017-2018, how much of a ‘rainy day fund’ exists for emergency non-plan items, and if any additional non-budgeted income that is received (say through fines or transfer fees) can be directed to roads on some % basis with other areas.
- Keep your culverts clear and orderly
- Be considerate with building berms and attempting to redirect water flow
- As a reminder you are not permitted to modify the right of way without ACC approval.
Architectural Control: Mr. Rowe reported that the ACC met on 11 November 2017. The ACC considered and approved 4 building permits, one with builder modifications. We would like to thank Dick Bolle for 10 years of diligent work on the ACC as a member and as the secretary of the committee. The community has benefitted greatly from all of Dick’s volunteer hours and expertise. We are saddened to see Dick resign.
The committee continues to receive positive feedback from residents regarding Neat and Orderly Restriction Violation letters. Very few second letters have been sent. The committee appreciates the community support and efforts to make Callender Lake neat and orderly again.
We have been receiving more incident reports regarding dogs running free in the community—a violation of the community’s restrictions. The community does not have an animal patrol nor does Van Zandt County have an animal control office. The ACC has begun addressing animal violations with letters to resident owners. After the first letter from the ACC and your dog continues to run free, a second violations letter from the board will be sent which will include limitations to gate access and fines. Please be considerate of our fellow neighbors, other people’s property and the safety of your pet.
Callender Lake Declarations of Covenants, Conditions and Restrictions
Section II 2.13 (B). Owners, residents and guests must restrain and control their pets so they do not become a nuisance to any other Owner or resident. All dogs kept as pets must be contained within the confines of the Owner’s property unless controlled or kept on a leash, and they shall not be permitted to run loose. Dogs and cats must be vaccinated and dogs tagged for rabies as required by law.
Publicity: Ms. Kirkes stated no report from this committee.
Audit: Ms. Monroe stated no report from this committee.
Security and Fire: Director Jeff Smith reported the following:
The new gate is working out very well. I know of at least three instances in the past month of the gate being hit by people tailgating in and there has been very little damage done to the gate as a result.
· I want to thank the members of the SFC for all their hard work with on the new gate. With an extra thank you to John Bradfield who has spent many hours working with the gate.
Guest asked if there was a plan to dissolve the Security and Fire Committee? Board answered no and with two new committee nominations we believe that proves we aren’t dissolving this committee.
Guest asked if we had heard the rumor about Mr. Bradfield pulling a gun on someone in the community? Mr. Smith answered yes and he asked Mr. Bradfield about it and Mr. Bradfield stated that it wasn’t true. Mr. Smith stated that he took Mr. Bradfield at his word since there was no further evidence that it occurred.
Guest asked if it would be better to find younger people to serve on the Security and Fire committees? Board answered that we would love any volunteers to the security committee or any committee.
Fish and Wildlife: DirectorMatt Palazzetti stated no report from this committee.
Sanitation: Director Joan Baker reported in mid-October, one of the dumpsters caught on fire. The Edom Fire Department was notified and extinguished the fire. There was no feedback received from the Edom Fire Department regarding the cause of the fire. However, Republic Services speculated that it was due to the dumping of hot coals/ashes in the dumpster. The dumpster was replaced and cost our community $200.
· The large/bulk dumpster will be here for the Thanksgiving weekend. However, the dates have changed slightly. It will now be here Wednesday, November 22nd to Monday, November 27th. Be sure to mark your calendars with the new dates.
The following is another Public Service Announcement from the Sanitation & Pollution Committee:
· Save a DUMPSTER!!! NEVER put coals or ashes-hot or cold-in the dumpsters!!! FYI…they are biodegradable!!!
· Do NOT leave large items in the DUMPSTER AREA before or after the bulk dumpster arrives!
§ Put your large items IN the dumpster and
§ Push them down as far as possible.
· Do NOT fill the dumpster over the fill line marked on the dumpster. Republic Services will not pick up the dumpster if it is overflowing and they will charge the community extra to come back.
Thank you, Doug, for all that you do to keep the Dumpster area clean!
Guest asked if we allow our dumpsters for commercial use from the outside? Board answered no and they are not supposed to.
Nominating: Ms. Monroe stated no report.
Resale: Director Jo Ann Ishmael reported that “It’s beginning to look a lot like Christmas” at The Resale Shop. Decorations, gift suggestions plus various other items are available for your purchase. Please note the Resale Shop will be open the FIRST two Saturdays in December for your shopping convenience. December 2 and December 9, hours are 9:00AM till 12:00PM.
October 25 the Resale Shop donated $500 to the Edom Volunteer Fire Department. A bid from Flooring Junction to replace the community center kitchen floor in the amount of $918 has been accepted. The work will be done early January, 2018.
Happy Thanksgiving wishes from the Resale Shop volunteers.
Library: Ms. Ishmael reported a thank you to Elain Giles and Kathy Petty who continue to shelve books weekly.
Andy Lutz and Bobbie Groves attended the Canton Library book sale and purchased some favorite authors requested by the community.
The committee has decided to meet the 3rd Thursday of the month beginningJanuary after the holiday hiatus.
Dam: Mr. Palazzetti stated no report at this time.
AD HOC COMMITTEE REPORTS
Boat Storage: Mr. Jenkins reported that Ken (Committee Chair) made recommendation to the board about next steps and are awaiting board approval.
Restrictions: Mr. Rowe stated no report at this time.
Legal: Mr. Rowe stated no report at this time.
A. Confirming new Committee members:
1. Mr. Rowe passed the gavel to Ms. Monroe and made a motion to confirm Dewayne Harris to the ACC committee. Motion was seconded by Mr. Palazzetti. With no further discussion, the motion passed unanimously.
2. Mr. Jenkins made a motion to confirm Chris Kirkes to the Public Areas committee. Motion was seconded by Ms. Monroe. With no further discussion the motion passed unanimously.
3. Ms. Kirkes made a motion to confirm Paul Jenkins to the Publicity committee. Motion was seconded by Ms. Monroe. With no further discussion, the motion passed unanimously.
4. Mr. Smith made a motion to confirm Bobby Groves and Jo Ann Ishmael to the Security and Fire Committee. Discussion was made that we needed to approve these new members to the committee separately. Motion made to amend the vote by Mr. Jenkins to confirm Bobby Groves and seconded by Ms. Monroe. The motion passed unanimously. A second motion made by Mr. Jenkins to confirm Jo Ann Ishmael and seconded by Ms. Kirkes. The motion passed unanimously.
B. Mr. Jenkins announced that we were looking at new HOA software for the CLPOIA and the community.
C. Mr. Jenkins made a motion to recognize that under current Texas State Property Law, Section 209.00591, qualifications of Board of Directors for CLPOIA as established in “Resolution of CLPOIA – Board Member Qualifications” and approved on April 1, 2010 is VOID as it conflicts with State Law. Qualifications for Board of Directors for CLPOIA must follow 209.00591 and we should remove this instrument from the web site and associated CLPOIA filings. Seconded by Mr. Palazzetti.
Guest asked if Mr. Jenkins could clarify why we are making a resolution to the of CLPOIA-Board member qualifications? Mr. Jenkins stated that the state meets every couple of years to evaluate the procedures of HOA’s and becomes more and more restrictive as more laws are being passed. Part of that process updates that HOA’s can’t restrict who can be on the Board of Directors other than what’s allowed by state law.
Mr. Smith asked if this pertained to Committee members as well? Mr. Jenkins stated no, that Texas state law only pertains to Board of Director members and that the HOA’s can set up the qualifications for any committee member.
Guest asked if I understood correctly that if you are behind on dues or fees you can serve on a board? Board answered yes.
Guest asked can’t be a felon for what frame of time? Board answered 20 years but not sure about that and that we would find out for sure.
MOTION PASSED Unanimously
D. Mr. Jenkins made a motion to changing the CLPOIA transfer fees from a flat fee of $200 per property transferred to $100 for unimproved properties and $200 for improved properties, for all transfers occurring on or later than November 11th, 2017. Seconded by Ms. Kirkes. Mr. Rowe asked for discussion and Mr. Palazzetti asked for clarification on the transfer fees being two different fees for Improved or Unimproved? Mr. Jenkins stated that we have different fees for improved and unimproved lots everywhere so why shouldn’t the transfer fee be the same.
Guest asked if we knew how much that would do to the financial income for the community and how much we have collected in transfer fees? The board stated that we have had 55 transfers and collected 11 thousand dollars. We don’t have a breakdown of improved or unimproved. All lots are treated equally for transferring. So, with that being said say it would be about a 50% drop in income.
Guest stated that there are some people out here that own homes and don’t pay their dues. However, there is a substantial difference between buying unimproved lots for three thousand dollars and buying a home for 150 thousand dollars. Most of those people are paying their dues on the unimproved lots. They’re either buying these lots to better their own property or build upon to sell it to those that would pay those dues. Someone said that we raised it to get the drugs out. People that are doing drugs aren’t buying property. Wouldn’t it be better to make it more appealing to those buying those unimproved lots and guest stated that those were just my thoughts. Mr. Palazzetti stated that those are valid points and I agree with you to some extent and that’s where I’m sitting on the fence about this. Are you buying the property as a luxury item or are you buying it as an investment? There is no way to know why they are buying the property and that’s why I’m torn about this. Ms. Monroe stated that it’s hard to make a judgement or a determination as to whether you are buying the lot to build on it or are you just buying it to have access to the community. I think it’s about what’s best for our community and should be decision based on that regardless of why they are buying the property.
Guest stated in doing research for the Security Committee and one of the HOA’s that he spoke to was Emerald Bay. Emerald Bay has a double fee. If you are buying a house you pay 10 thousand dollars and people selling pay 5 thousand dollars. In talking with the Security people, they stated that they have a full-time security force, 24 hours a day, 7 days a week and that’s a big part of their income. “I know 10 thousand dollars is a little out of our reach, but in my opinion having transfer fees is a way of increasing our income and a 200-dollar transfer fee to buy or sell in this community is very reasonable in my opinion. There are other communities such as Hideaway that also have transfer fees in excess of 100 dollars, but I’m not sure exactly how much they are.”
Guest asked “How do we get the dues from those dead lots, so to speak, or people that just aren’t going to pay those. When I bought all the lots that I own, I paid all the dues and even the dues that the people owed. You make it more attractive to buy those lots chances are you will get some of that money that is owed.”
Mr. Smith thanked the guest for having that information. Mr. Smith stated “I my opinion, we are woefully low in what we charge in our dues whether it’s an improved or unimproved lot. As a revenue generating vehicle, it is a fairly insignificant hit for most people. If I want to buy a lot, that extra 200 dollars is not going to sway my opinion to buy that lot.”
Guest asked if there was a way to make someone leave if they don’t pay their dues? Board answered no and stated that there is a limited amount of enforcement that can be done. We can fine them for not paying their dues, we can send them to collections, we can put a lien against their property, we can also cut off their access to their property with regards to every other gate card access but one and also their call box access. Mr. Smith stated that with unimproved lots you don’t get call box access and primary cards can’t be shut off.
MOTION FAILED 4-3 AGAINST The transfer fees remain 200 dollars for both improved and unimproved lots.
E. Mr. Jenkins made a motion for the CLPOIA Road Committee current 5-year plan to be re-titled and accepted as the “Road Repairs Futures Plan” and further that the Roads Committee use all available CD and budget funds available to enact the approved changes as quickly as possible following appropriate bidding and approval processes”. The motion was seconded by Ms. Kirkes.
Guest asked if the Roads money will come from the Roads CD? Mr. Jenkins stated yes and the funds may come from other areas too.
Ms. Monroe asked for clarification so that we are to find out what funds are actually available? Mr. Jenkins stated yes.
Guest asked if we are going to reopen the case of an emergency road in case of a wash out of the only road in and out of part of the community? The roads committee is working on that but aren’t ready to present anything yet.
MOTION PASSED Unanimously
No old business was discussed.
QUESTIONS & ANNOUNCEMENTS
Guest asked that if you are behind on your dues or fees, could you serve on the board? Mr. Jenkins answered yes.
Guest asked that it applied to the Board, but what about committee members? The Board stated that it didn’t apply to committee members.
Guest asked if it’s the board that makes the rules for the committee members? Board stated yes.
Guest stated that he bought a home in the community and stated that he was going to pay the transfer fee for the home and the adjoining lot. The board congratulated him on his purchase and that it was good that he’s going to pay the transfer fees. Guest asked if that means he gets call box access? The board responded yes if he is current on his fees and not in violation of any restrictions.
Guest asked that his wife be added to the list of veterans. Another guest answered that she had been added.
Guest stated that she came in late and asked if the decorating contest was still on? The board answered yes and the details will be in the minutes. You will need to contact Andi Lutz and let her know you want to be on the list to be judged for the contest.
Guest stated that the lights down at entrance were out last night. The board responded that we would check on that to see what the problem is. She also mentioned the car that is down at the front. The board stated that we would start the procedure to have it removed.
Guest stated that she would like to bring the boards attention to the guards. Guest stated that they have spent many hours looking at the video and is very disturbed by what she is seeing. The guards left the box open for the gate for 15 hours, they do not tell the truth when they come in for work, they turn off camera’s, they leave early and they let people in. One guard spent from 12:30am to 2:00am talking to someone outside the gate. Mr. Smith stated that he had a call in to Brian Wilson and didn’t get a call back. He said that he would make sure that he made that call again and talk to Mr. Wilson.
Guest asked why would guard be able to turn off the camera and can we stop that from happening? The board clarified that the camera was on but they stopped the recording.
Guest asked if they carried fire arms? The board stated no.
Mr. Jenkins asked if we had found a Lake Lines replacement person? It was answered no. Mr. Jenkins also asked if the Lake Lines was ceasing to exist? It was stated that she is publishing through this month. Mr. Jenkins stated as an FYI that he is meeting with the Publicity committee tomorrow and he can ramp up our website so we can publish everything through there. If anyone is interested in publishing the Lake Lines please see Mr. Harwood. Guest asked if that was a committee position and was told it was not.
Ms. Monroe wanted everyone to know and understand that the Board or the community doesn’t discriminate against anyone for any reason. We only follow rules and regulations.
There being no further business before the Board, Ms. Monroe made a motion to adjourn. The motion was seconded by Mr. Jenkins, voted on unanimously, and the meeting was adjourned at 2:04p.m.
CLPOIA Secretary CLPOIA President