Barboursville, Virginia

Hardwick Mountain Property Owners Association
Annual Meeting

June 24, 2007
Minutes

A. Introductions
 
B. Ballots – Homeowners who were present were offered the opportunity to change their ballots if they voted for Bryan Lovetere who no longer wants to serve on the board. Mark Hogan and Steve Hovanic offered to serve on the board if elected.
 
C.  Reading of minutes from last years’ meeting on June 11, 2006
 
D. Homeowners present: Mr. & Mrs.  Montagna, Sandy Hanley, Mr. & Mrs.  Clark, Mr. & Mrs. Berry, Steve Hovanic, Susan Jamme`, Mr. & Mrs. Dulaney, Mr. & Mrs. Hogan, Whit Harrell, Mrs. Mundy, Kai Dozier, Jan Spiers
 
E. Larry Clark went over the treasurer’s report in detail (copy attached). A copy was emailed to each lot owner. Ms. Mundy questioned why someone who paid the assessment in advance still would have to pay the 10% increase. Kai summarized expenses for the past 12 months: $38,092 was paid for road re-surfacing, $450 for snow removal, and $339.20 for all other (administrative) expenses - $43.70 for fees and taxes, $45.50 for mailbox and stamps, $250 for liability insurance. Ms. Mundy questioned why we can’t use a box at the bottom of the mountain to mail the assessments. Kai has checked with the Postal Service and we need to have a “physical address”; the Postal Service cannot by law deliver to a roadside box for which there is not a building present.

F. Roads and Assessments

• Kai acknowledged the petition that circulated concerning the assessment increase, and pointed out that the board considered it carefully.
• Kai passed out graphs of resurfacing costs and assessment costs since 1985 (copies attached). He pointed out that while our assessment has increased 45% in the past six years (chart A), the cost per square yard to re-surface has increased 298% (chart B) over that same time. Thus the cost to re-surface is increasing 6.6 times faster than our assessments - which is why we cannot afford to rescind the recent increase. He also pointed out that the average property value on Hardwick Mountain increased by 569%, while the average increase in Orange County was 148% (chart C). One of the assessors pointed out that a reason our property has increased so much is due to the environment (including roads) of our community.
• Mrs. Berry suggested we turn over Hardwick Mtn. Drive to the state and use the park at the end of Turkey Ridge for a turn around. Kai responded that there are other tracts of land that could then be developed and accessed off Hardwick Mtn. Roads whereas if we only turned over Hardwick Mtn. Drive, they could not.
• Ms. Mundy questioned at what point the assessment increases stop and commented that the roads are not bad. She feels we are doing too much to the road.
• Sandy Hanley commented that the traffic isn’t that bad and when she walks she does not see many cars. She doesn’t see big trucks on the mountain roads any more.
• Charmaine Hogan explained the reasoning behind the petition and why it was circulated. The lot owners who signed it felt that the roads are not that bad and that the assessments have increased too much.
• Kai explained that for many years asphalt cost approximately three times what tar and gravel cost, but according to most pavers asphalt lasts two to three times as long as tar and gravel. Recently the price gap has narrowed, so that a year ago when we had our roads re-surfaced asphalt was only 30% more than tar and gravel (why we switched to asphalt on Chestnut Lane and Turkey Ridge). According to rates just received from C&G Paving, the difference is now only 4% - making asphalt a much better long-term value than tar and gravel.
• Kai suggested a small committee be formed to investigate turning over Hardwick Mtn. Drive to the state. He offered to call the VDOT resident engineer to start.

G. Board of Director’s future plans for July 2009

• Most pavers say tar and gravel should last 4-5 years. Hardwick Mountain Drive is (except for first 560’) now 5 ½ years old. In July 07 it will be 7 ½ years old. There are places where it is already showing cracks, which will worsen in winter. If it breaks up, repairing it will be much more expensive, so we’re at risk.
• treasury should have about $25,000 that can be used for re-surfacing in July 09.
• cost to resurface Hardwick Mtn. Drive then would be about $64,000 according to estimates by Jeff Gray of C&G
• Options at that time:
• 1. asphalt as much as we can afford (approximately 39% of Hardwick Mountain Drive) and begin to save again. It would take roughly five years more to save enough to finish re-surfacing that road. At that time it would be 12 years old.
• 2. borrow money to cover shortfall and pave all of Hardwick Mtn. Drive. The cost to do that would depend on the cost to re-surface, the cost to borrow, and the condition of the road.
• 3. turn over Hardwick Mtn. Drive to VDOT.  

What it would take to turn road over to VDOT
1. We will have to deed a 50’ right of way to them. Lawyers we’ve asked about this in the past have disagreed on whether this would take 2/3 or 100% of property owners’ approval. There would also need to be a 100’ diameter turnaround near Berry’s, Harper’s, and Cole’s lots. One or more of these lot owners would most likely have to give up some of their property to make this possible which may make their lots less than the required 3 acres according to the Restrictive Covenants. If Hardwick Mtn. Drive is deeded to VDOT it would make it a public access right of way from the gate to the turnaround. According to VDOT, all the culverts would need to be dug up and replaced with larger ones and drainage easements would have to be put in place.
2. VDOT would have to agree to this transfer.
3. Orange County government would have to agree to allocate enough of the Rural Addition funds (part of the money allocated for roads by the state). The local government, VDOT, and board of supervisors would have to agree.

H. Kai suggested we form a 3 or 4 person committee to gather information and to inform everyone what letting VDOT take over Hardwick Mtn. Drive will entail. He said we would have about a two year window before we would have to do anything to our roads.
 
I. Sandy Hanley shared concerns about the Board of Directors making decision without informing the homeowners and suggests that homeowners be informed of the time and date of meetings so they can attend. She said that some board members may not know about some of the correspondence that is mailed to lot owners and suggests that each board member sign his/her name to any such correspondence rather than the “Board of Directors”. She also suggested that homeowners be informed of resigning board members so they can vote to replace openings rather than having the Board appoint replacements. (Our by-laws state that it is up to the board to select replacements for board members who resign during their term.)
 
J. Copies of the Bylaws and Restrictive Covenants are available to anyone who wants a copy. Contact any board member for a copy.
 
K. Immediate Tasks:

• Kai will get legal advice about whether 2/3 or 100% of lot owners must agree to have VDOT take over the road.
• Kai will talk with Don Gore at VDOT to determine when they could come talk with lot owners.
• Sandy Hanley and Ms. Mundy will help get owners to attend a meeting with VDOT officials.
• Mrs. Dulaney will contact Verizon about bringing broadband to Hardwick Mountain.

L. Comments

• Susan Jamme` shared her opinion about raising the assessment and the welfare of everyone as a result of the assessments. She thanked the board for their efforts for a tough job.
• Jan Spiers thanked the board for their efforts.
• Sandy Hanley feels there is a need to involve the community as a whole.
• Keller’s, Harper’s, and Vicky Jesse sent letters in support of the board’s position on the roads and assessments since they were unable to attend.
• Steve Hovanic addressed the community attitude and volunteered to help those who need help meeting assessments. He feels he made a commitment when he chose to live here and feels he need to do what those who can’t or won’t.

M. Next year’s board members will be: Denise Yetzer, Steve Hovanic, Steve Harper, Larry Clark, and Kai Dozier.

Thanks to Mark Hogan for his help in recording the minutes.

Click here for a downloadable Word document: HMPOA Annual Meeting: June 24, 2007

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