OPEN FORUM MEETING

AUGUST 21, 2007 (6:00 p.m.).

 

Present at the meeting were the following:

 

Developer and Staff (6)

Tom Carr

Craig McNeill

Cristy Hunt

Maren Anderson

Gary Henry

Bob Shackelford

 

Guest (1)

Frank Wanko from Hobbs Upchurch & Associates Engineering

 

Board and Committee Members (12)

Larry Winslow

Chuck Kayser

Nick Picerno

Sid Newman

Dorrie Kayser

Roger Gibbons

Peter Dotto

Bob Zalkan

Mary Wright

Paula DeNardo

Jean Scott

Joan Winslow

 

Attendees (32)

Roger Anderson                                   Bill Moseley

Ed Barchard                                         Sandy Newman

Debbie Boyd                                        Todd Nicholson

Robert Boyd                                        Prem Peter

Rachel Carr                                          Jan Picerno

Dale Clemens                                       Nancy Piscopo

Donna Clemens                                    Nancy Seitz

John Dawkins                                       Maunone Tanner

Marilyn Dotto                                       Bonnie Underwood

Sally Fessenden                                    Ken Westcott

Linda Gibbons                                      Paige Wolters

Curt Goodrich                                      Pat Wyatt

Julia Goodrich                                      Matt Yelcich

Diana Heitman                                      Kay Zalkan

Tim Heitman

Todd Hunt

Hilde Krallinger

Joe Krallinger

 

OPEN FORUM MEETING

AUGUST 21, 2007

 

 

As people arrived they were given packets containing the following:

·        A letter from the developers dated August 21, 2007

·        The McLendon Hills Vision Statement

·        Letter from the Transition Board

·        The McLendon Hills Transition Board Mission Statement and a roster of the committees

·        Finance Committee: General Notes dated August 14, 2007

·        Regulatory Committee August 2007 Report

·        Events Committee Report dated August 14, 2007

·        McLendon Hills Homeowners Directory

·        Map of future amenities’ site

·        Map of Phase 6

·        Price list of Phase 6 lots

 

Tom Carr kicked off the meeting explaining that what we do in the next year will determine the type of community we will have. Tom introduced his partner, Craig McNeill and described that as partners they have been working on this project (the McLendon Hills Equestrian and Lake Community) for approximately ten years. The Social Committee members were thanked for handling the refreshments, and the developer’s staff was thanked for setting up the tent and preparing the area for tonight’s meeting. Tom pointed out that where we were gathered is where the amenity center will be built. He emphasized that we hope to form an Amenities Committee and referred to the large board on which various amenity scenarios were posted. He explained that these scenarios were merely suggestions, and that it will be up to the Amenities Committee to decide what the actual scenario will be. [The scenarios consisted of examples of where all the proposed amenities could be placed and positioned.] Tom went on to explain that in January of 2007 a Transition Board was formed to take us to the point where the Homeowners Association will be ready to act, including going through all the legal processes required and electing the HOA Board members. [The Developers will appoint the initial HOA board and soon thereafter the Property Owners will elect their new Board.] Tom then introduced Larry Winslow, chair of the Transition Board.

Larry explained that there are four standing committees, some of which have formed sub-committees, all consisting of volunteers. Larry indicated that as we move forward more sub-committees would likely be formed. Larry then introduced the members of the committees. [Inside the packet handed out to all attendees is a detailed listing of all the committees and their respective members.] Larry encouraged people to sign up to join one of the committees and reminded everyone that they cannot complain if they do not get involved!

Tom opened up the meeting to questions (Q) and answers (A), but first introduced Frank Wanko, engineer, who could assist in answering questions related to what we might or might not be able to do with amenities from an engineering standpoint.

 

Q & A

{In order to provide additional clarification, some of the answers have been expanded beyond that which was stated at the meeting}

 

Q:        Will the amenity center and infrastructure be in place by the time the Homeowners Association (HOA) takes over?

A:         The answer to both questions is “No.” The infrastructure will probably be complete in late 2008, and the amenities should be complete four to five months after the HOA takes over.

Q:        What is the hard date on which the HOA will take over?

A:         October 2008 the HOA will be formed, however the HOA will assume responsibilities when it is ready, not necessarily when the HOA is formed.

Q:        Why October 2008?

A:         By law (per the Restrictive Covenants) the HOA needs to be formed (a legal entity) and in place within ten years, and it was October 1998 when this project was started and the original Restrictive Covenants were signed and recorded.

Q:        Where are the ten acres of mitigation?

A:         We have ten acres of wetlands behind the Equestrian Center held in perpetuity with the state of North Carolina. This is in place of a second lake originally planned.

Q:        When do we have to draft the by-laws?

A:         We already have a second draft, so we are in process with this.

 

During a lull in the Q &A, Tom explained that the Finance Committee is setting up a budget, determining the cash inflows, and the expenses. He then asked Nick Picerno, chair of the Finance Committee to speak on the subject. Nick said the biggest issue is the amenities. We need to know what we are going to build so we know what the costs will be and what the dues will need to be. Nick referred to Article 7 of the Restrictive Covenants, which delineates how the dues are to be used. Maren Anderson, vice chair of the committee and employee of McLendon Hills, will run a set of books in 2008 based upon actual expenditures and income as if the HOA were assuming responsibility as of January 1, 2008. This will give the committee a chance to modify the budget presently being prepared and better forecast a budget for 2009.

 

Q:        What is the initial cost to build the amenities and where will they come from?

A:         The developer will pay for the cost of building the amenities. The cost is unknown at this time. We will build certain amenities in the initial stage, and any additional amenities will be up to the future HOA. [The developer offered the following additional information: At present the HOA banking account has approximately $182,000. This account is earning interest at more than 4% and no funds have been removed or spent out of this account. The balance at the time the HOA is formed is projected to be approximately $250,000. Additionally, a large parcel of land on which the amenities will be built will be given to the HOA. The acreage of this parcel is approximately twelve acres. As far as the dues structure goes we can expect the future dues to rise as the cost of living rises, hopefully we can avoid assessments]

Q:        What percentage of lots are sold at this time, what percentage are projected to be sold at the time the HOA is formed; will the developer pay dues on unsold lots?

A:         Of the original master plan of approximately 241 lots, currently approximately 130 lots have been sold. Keep in mind that some property owners with adjacent lots have legally combined two or more lots into one; therefore they would only pay dues on one lot. Based upon historical averages probably another fifteen lots will be sold when the HOA takes over. The developer will not pay dues on unsold lots.

Q:        Won’t certain amenities that were promised have to be built, and if so are there enough homeowners to afford them?

A:         The developer will build all the amenities promised, but not necessarily all at once. The developer’s funds designated for any amenities not built at the time the HOA takes over will be placed in escrow until the HOA is ready to build them and there are sufficient revenues from dues to pay for their maintenance. To help increase funds, dues on lots are currently increasing each year until they catch up with the dues on the residences. A decision will need to be made as to how much of the funds (the projected $250,000 – see above) that will be deposited into the HOA banking account once the HOA is formed will be spent to maintain the amenities.

Q:        Where does the homeowner’s land for the amenities end?

A:         The property goes back to the creek behind the dam. The HOA will get all the common area, basically anything that is not deeded to others and the paved streets. The common areas include the dam, lake, amenities, entrance and gates. The maintenance for the common areas will be the responsibility of the HOA. The bridal trail is not part of the common area. Responsibility for the maintenance of the bridal trial will fall to the Equestrian Center, the homeowners who own the sections that abut to the trail and the equestrian committee and their volunteers.

Q:        If the amenities committee will decide what amenities to build, but the developer has promised to build amenities, what will actually happen, what will be built?

A:         The developers will build a clubhouse, swimming pool, tennis courts, playing field, beach, dock, boat ramp, and walking path. These have been promised. The committee will determine the location, position, size, materials, colors, etc. of the amenities, as well as any proposed additional amenities not listed above.

Q:        What about street lights?

A:         We had originally intended to install street lights but the residents at the time overwhelmingly opposed the idea and ultimately it was put to a committee and the committee voted it down. [Comment: Many people tonight voiced their continued desire not to have streetlights. One suggestion was made that we can encourage people to leave house lights on during certain hours.]

Q:        What will be the surface and how far from the street will the walking path be?

A:         The path will be laid approximately two feet from the street and will be approximately four to five feet wide. The amenities committee will decide the other details, such as the type of surface.

Q:        Many of the committee meetings are conducted during the day. Will be it possible for someone who works during the day to be on a committee and attend the meetings?

A:         Yes, each chair will work with everyone to meet at a time that works best.

Q:        Will the road go across the dam?

A:         The area across the dam will not be open to regular driving and will be available for maintenance vehicles only. The walking path is designed to cross the dam. Under certain conditions (guard rails, etc.) the HOA may elect to allow bicycles or golf carts to cross the dam.

 

The Q&A session ended and Tom encouraged people to seek out committee members if they thought of more questions. Tom then pointed out three potential locations for the clubhouse, marked by a pink (near the water), white (in front of the dam) and black (behind the dam) flag. (However, the latter two had blown away as a brief storm came through.) Tom explained that we couldn’t obstruct water flow within the emergency spillway area. Therefore buildings or structures will not be allowed in that area. Once it is decided where the clubhouse will be located, everything else will fall into place around it.  The amenities committee will need to weigh the options and make a decision as to the location. The engineer, Frank Wanko, added that where we were sitting is an emergency spillway and therefore no building could be erected in this spot as it could interfere with water flow and the building could get flooded.

            Larry Winslow reiterated that all the committees need people and please sign up. As of the end of the evening, sixteen people had signed up for committees. Tom closed by saying that this is our community, that we are proud of it, and we want it to be the best it can be. He said we must work together, think everything through from a financial and social standpoint, and follow the necessary legal and other appropriate avenues such that we have no regrets and end up wishing we had done something another way. He expressed a desire for a cross section of the community to get involved so we end up with something we are proud of which is not slanted either towards the older crowd or the younger crowd. We have a great group of people and therefore a great resource to make this happen.

Regarding the amenities, Frank Wanko summarized that once the amenity plans are approved, their development can be done in phases and built as the HOA would like them to be built: the end product designed is not necessarily the end product built.

Rachel Carr, Tom Carr’s wife, wanted to leave everyone with the confidence that we will not be disappointed with the amenities, that Tom has an eye for detail as well as a finesse that is lacking in many contractors.

In an effort to improve communications, everyone was told that we expect to post the minutes of this meeting as well as the committee meetings’ minutes on the web site in the member’s section in as timely a fashion as possible.