(Sunset Elementary Multi-Purpose Room)
Meeting called to order at 7:00 PM by Susie Carney, President
ATTENDANCE:
Board Members Present: David Bangs, Shelly Birkwood, Susie Carney, Kendra Mills, Mark Southern, Susi Tom
Board Members Absent:
Mike Quaranta, Doug McDaniel
In addition to board members, there were approximate 30 other people in attendance. Homeowners Pat Bowman and Tom Goodspeed assisted by accepting and counting ballots.
SECRETARY – David Bangs
David reviewed the minutes from the 2001 annual meeting, and they were unanimously approved.
Mark Southern presented the treasurer's report.
Special Assessment Projects:
The playground and curbing was successfully completed this past year. Paths were not completed for the following reasons: they got scheduled too late in the season (as it took longer than expected to determine our drainage plan) and management of the Cottonwood roots needed to be determined as that would affect how we would repave our paths.
Drainage Report – Mark Southern on behalf of Kendra Mills
We received bids and recommendations from three separate contractors. With input from the neighbors most directly impacted by the worst drainage issue we decided to implement a plan that will permit us to take a phased approach toward resolving the drainage issue.
The first, and hopefully only, phase is to implement a solid drain pipe extending from the catch basin by the location where the paths meet, behind the tennis courts, west up the park toward the playground equipment for about 150 feet, and east down the park toward the water about 50 feet.
This recommendation was the lowest cost and also permits the association to add on to the installed drainage pipes in the event additional drainage is required.
Committee Reports
Tennis courts – The courts were power washed this season, gate locks were repaired and new waste bins were installed inside the courts.
Legal Affairs/Lawsuit - David Bangs
David Bangs reported that the lawsuit in which the Association is suing for removal of a fence that was installed after having been rejected by the Architecture Committee and Board is still ongoing a year after it was filed. The Association Attorney has filed for a summary judgment, and the court hearing to review the case is supposed to be scheduled for December. The opposing attorneys have subpoenaed several board members for questioning regarding the case.
Government Affairs-David Bangs
David Bangs reported that our government affairs committee worked with Board members from all surrounding homeowners association to form the South Cove Area Annexation Committee. The committee put up a web site, passed out informational flyers and surveys to all 1450 homes in the potential annexation area, and conducted a public meeting with residents and Issaquah City officials on October 8th. In the survey results, over 82 percent of those responding indicated they would like our area to be annexed to the City of Issaquah within the next two years.
Based on that information, meeting attendance and other feedback, the final draft of the Issaquah City budget for 2003 contains money to study and create a plan to annex Klahanie and our area without risking current service levels. This issue seems on track to become a ballot issue by 2004.
Rules-David Bangs
David Bangs reported that the rules committee was formed to better understand our Covenants, By-Laws and Rules and Regulations, and consider whether those documents need to be changed in any way to eliminate problems that come up from time to time.
The Covenants say they can be changed or even eliminated after 30 years of existence, providing 2/3 of homeowners sign such proposed changes three years in advance. Since the Covenants were filed in November 1976, any changes would need to be approved prior to next year's annual meeting. Further windows for change will open every 10 years from now on.
The Rules committee has noted that the Association is currently required to file a lawsuit each time a homeowner proceeds with a project that has not been approved by the Architecture Committee, and that no provision exists to the prevailing side in such a lawsuit to recover legal fees. More modern covenants tend to specify that such issues should be resolved by binding arbitration - a more efficient alternative to the court system - and that legal fees can be recovered by the party found to be in-the-right. David asked for homeowner input on this idea, and several spoke in favor of changing the covenants to require binding arbitration and recovery of legal fees. Nobody spoke against this idea.
David also explained that our covenants provide no method by which they can be amended between 10 year windows, and pointed out this has caused confusion about whether they may be amended based on fall-back state law. He asked neighbors what they thought of a change to specially allow the covenants to be amended at any time by 2/3 approval. Several homeowners said this was a reasonable idea, and one said he feared that a 2/3 majority might ignore the needs of the minority, suggesting perhaps a higher approval level should be required.
Park/entrances-Kendra Mills
Beach-Susie Carney
We spent almost no money on the beach this year. Outgoing board member Mike Quaranta has been researching the project of replacing the ropes and floats, and will help the Association complete that project in the coming year.
Election of New Board Members – David Bangs
There were 5 open board positions. Three 3 year terms, one 2 year term and one 1 year term were available. 6 candidates were nominated by the nominating committee, and their brief statements were printed in the November newsletter. A proxy ballot was also included in the November newsletter. Five of the six nominees came to the general meeting, and made brief statements introducing themselves. Shelly Birkwood, Jeff Coe, Jill Cyra, Craig Elkins and Thomas Marquis made brief statements. Nora Huey was unable to attend. After the statements, those in attendance had a final opportunity to turn in their ballots to be counted.
Mark Southern presented the proposed 2003 budget, which is filed separately. Mark pointed out that we came in under budget in some categories this year because projects were deferred until next year. For example, the ropes and floats were not yet replaced, trees haven't been replanted, and the drainage and path special assessment projects have not been implemented. In such cases, budget numbers for 2003 are much higher than actuals for 2002. He also pointed out that our budget is kept in line by frequent volunteer efforts including landscaping work parties, project supervision. Newsletter and web page design is also donated. Craig Elkins moved, and Thomas Marquis seconded that the budget should be approved as presented, and it was passed unanimously by voice vote.
Fred Riler reported that the Architecture Committee has received 46 requests this year. To familiarize people with the roll of the committee, he described how the covenants say only that the committee is to approve projects based on harmony with surrounding architecture. This means that what is acceptable in one part of the neighborhood may not be acceptable in another. For example, fences around the park and along the waterfront should be screened from view. However, 6 foot fences in the back yards of other houses are acceptable. Fred mentioned that the committee had received complaints about tree planting and tree removal. The committee studied the issue of their being involved with tree issues. Of the 5 surrounding associations, four of them do not get involved in tree issues. The committee was unable to find any basis for approving or denying tree plantings or removal, and felt they should be the decision of individual homeowners. Fred read a summary list of the ARC requests that were submitted to the committee during the year. In addition, the committee worked on one violation of the Covenants, and seven (7) complaints from homeowners concerning architectural issues.
Resident Don Meyer reported that we had two arborists and he spoke with another forester who said that the cottonwoods are subject to branch failure but that with proper pruning they can be healthy and safe trees. Branches that fell from the existing cottonwood trees fell during heavy storms and were a result of not being maintained. Don met with the arborist (that the Board hired) and they traced roots that were apparently headed toward the tennis courts that they believed were old roots from a tree that had been removed several years ago vs. existing trees. Susie clarified that in his written report the arborist states that the roots from tree #2 extend to the edge of the tennis courts, hence the recommendation for a root barrier.
Fred Riler discussed several reasons that the cottonwoods should be removed, such as they are messy and dangerous. Fred stated that he would not vote to replace the tennis courts in the event they are damaged by cottonwood roots.
Former board member Laurie Kramer stated that tree replanting should have been happening over the many years that trees have been removed and asked why this has not occurred. Susi Tom reported that two Sunset Maples will be planted to replace the two Cottonwoods removed by the end of November, and that the planting was delayed to allow the trees to become dormant before they were transplanted.
Connie Stromberg, who lives on the park, commented that she loves the cottonwoods but believes that we should invest in the future vs. postpone problems until later.
Fred Riler inquired as to what the process will be for resolving whether the cottonwoods should stay or if they should go. He said that perhaps it makes sense to put together a document similar to a voter package that outlines both sides of the issue and then take a vote.
Discussion was held around cutting 2 or 3 or no trees. Susie Carney pointed out that the most recent arborist feels that the central leader in the cottonwood by the lake must be removed and presents a current hazard and that the other two leaders need to be thinned, thus removing half of the tree.
Tom Goodspeed moved to close the discussion on the cottonwoods. The motion was seconded and the discussion was closed.
A homeowner asked about locking mailboxes, noting that Sammamish Beach Club recently installed locking mailboxes, and the project was subsidized by the Post Office. David Bangs mentioned that this issue had been brought up before, but had not gone forward because locking mailboxes cost over $100 each. If the post office can make it affordable for us, perhaps the new board should look into this.
A homeowner also asked about the status of the double yellow lined road along 192nd-190th. Susie reported that the issue got dropped secondary to no committee member being willing to pursue it, and lack of response from King County. It was felt we would have better success at ultimate removal by pursuing annexation.
David Bangs announced that 64 ballots had been mailed in or brought to the meeting, meeting the 20% quorum requirement. The five candidates receiving the most votes were elected, and those receiving the most votes are to be offered the longer terms.
David reported that the following candidates were elected, sorted from most to least votes received: Thomas Marquis, Jill Cyra, Shelly Birkwood, Jeff Coe, Craig Elkins. After the meeting, David Bangs worked out terms of office by email. Shelly Birkwood opted for a one year term, as she has already been serving on the Board and had indicated a desire to serve one more year. Terms are assigned as follows: Thomas Marquis, Jill Cyra and Jeff Coe are assigned 3 year terms, Craig Elkins is assigned the two year term, and Shelly Birkwood is assigned the one year term.
There being no further business, the meeting was adjourned at 8:45pm
Respectfully submitted,
David Bangs, Secretary
South Cove Homeowners Association