There was a Town Hall Meeting prior to the Annual Meeting.  Its main purpose was to give property owners, who would be affected by the proposed business resolution, an opportunity to express their concerns.  Kelly Gardner had a prepared statement that she read to the Board about the financial harm that this resolution would inflict upon her family and other families in AV.  She also said that AV needs the babysitting businesses that are located here. The Board President stated that Kelly’s comments would be taken into consideration when the Board makes a decision about this. 

Since there was enough time before the Annual Meeting, other owners were permitted to express their concerns.  Carol Hawk stated that the lot next to her was not being properly maintained and that she believed that the boats are causing the erosion that necessitates dredging.  Since Carol does not have a boat she does not feel that she should have to pay for dredging.  Wendy Figge furnished information about non owners using the AV beaches and leaving dirty diapers on the beach picnic tables. Wendy also told about bad words that are painted on the guard chair at Davis Beach. Figge supports the AV babysitting businesses that are providing care for seven or more children.

Editor’s Note:  There are also bad words etched on the Ark at Floral Valley. Hopefully the maintenance staff will remove these words both at Davis Beach and Floral Valley.

After a cookie and punch break, the Annual Meeting was convened.  In the Board President’s report, Jackie Pirics first talked about cost savings, which include the new way we are using the Clubhouse, fewer swimming pool hours, and the new heating monitoring system.  She stated that the important issue for next year will be the dredging at the north end of the lake.  Pirics ended her report by stating that all but one issue in the legal case has been dismissed by the 5^th Court of Appeals.

Editor’s Note:  The President of the AVPOA is incorrect.  These issues were dismissed by the Fifth District Court of Appeals because they determined that the appeal was premature.  There is one issuing remaining for trial concerning access of AVPOA records by  AVPOA members.  Once that issue is concluded, the appeals on the other issues will go forward again, unless all of the matters are settled.

Treasurer Phil Bentz gave his annual report.  Included in the written report was that he had been unable to substantiate the fact that there had been any loan for $250,000 and that the letter that he received from First Knox National Bank said that there had not been a loan for this amount.

Editor’s Note:  If this was true, why did this loan show on a bank statement?  Board members were furnished with the date of the statement and the page number showing this loan.  Also if this was true, why did First Knox National Bank petition the Court to be allowed to ignore the subpoena requesting this information?  This Editor finds it hard to give much credence to the AV financial statements when a $250,000 loan has never been entered on the statements.

The next thing on the agenda were the annual reports of the Committees.

Editor’s Note:  Most of this information has already been given in the past RAV issues and so only new information will be reported in this issue.

Activities Committee reported that the chairman for next year will be Kelly Galipeau.

Audit Committee reported that the 2008 audit was fine and that the only recommendations from the auditing company were suggestions for better tracking of finances.  The recommendations that the AV Audit Committee has made to management and the Board are that:

-          A “whistle blower” policy be adopted.

-          The manager develop an approved venders’ list.

-          Develop policy and procedures manuals for all AV locations and employees.

-          Since the bank reconciliation is not reviewed by anyone other than management, the committee recommends that the Board Treasurer or a Board member receive the statements at his/her home and review them.

-          Support furthering education for employees.

-          Purchase new computer software that would deal with assessment delinquencies and Marina inventory.

Budget and Finance Committee Chairman Bob Sichel blames the need for cost cutting measures on legal fees.  He stated that higher assessments are needed because of the increase of the use of our facilities as a result of growth of our community.

New Business

Election Results were given by Harmer.  There were 1167 ballots returned with 1136 lots voting.  Thirty one ballots were found to be invalid.  The vote count was 372 for Julie Arnold, 846 for Richard Bline, 923 for Amy Gordon, and 975 for John Hollback.  Bline, Gordon, and Hollback were sworn in by Larry Grindle of Zelkowitz, Barry, & Cullers.

The outgoing Directors are Roger Dumaree and Carl Holmes.  President Pirics presented Holmes with a watch and great praise for his six years service to the Board.

Editor’s Note:  It should be remembered that Carl Holmes as president was an integral part in instigating these lawsuits!

Meeting was adjourned.

Editor’s Note:  Leaving Floral Valley I noticed that Harmer’s truck was illegally parked just a short distance from the south entrance while all of the owners’ cars were parked in designated parking places.  Are there two sets of rules at AV…one for the owners and one for staff?????  Who is policing the staff?

Margaret Elliott, Editor and Publisher

Budget and Finance Committee:  (June 2009)   Bob Sichel is Chairman and members are, Dick Anderson, Bob Blue, Betty Cea, Moe Cea, Margaret Elliott, Judy Fagert, Bob Meldrum, Dick Myers, Marilyn Reaser, Kathy Riley, Nellie Robinson, and Angie Ward. 

The meeting scheduled for May was cancelled.  When the committee met the following week there were not enough members present for a quorum.  Thus there was no approval of the minutes etc.  However there was some discussion about the April financial statement. Later in the meeting a question was asked about whether the boat cleaning service operating out of the AV marina was paying AV for the use of the marina space, utilities, and whether the AVPOA had any liability with this boat service.  The chairman did not know and said that he would get an answer.  Accountant Dunnavant was asked the same question and he had no answer.

Editor’s Note:  Why is our accountant not privy to this type information?  Is it because we are giving free marina space and utilities to this business or is it because the income from this business is not being credited to the AVPOA or because the accountant cannot give information without Harmer’s permission?

Property Committee (June 1, 2009)   Judy Fagert and Julie Arnold are Co Chairmen and members are Ed Arnold, Margaret Elliott, Chris Gustafson, Sharon Harper, Sharon Holmes, Fran Kovach, Vince Marcellino, Kay Myers, Lorraine Stanson, Don Ward, Carol Webb, and D.J. Young.

Property Committee had a noon time cookout.  Since it was raining the cookout was held at Carol Webb’s home.  The weather cleared after lunch and the members were able to go by pontoon boat to check the beaches.

Editor’s Note:  During the lunch the members discussed whether the money being saved by the new key card system at the clubhouse was significant enough to override the negative impact that it has had on the property owners and about some of the activities that are going on at our beaches after hours.  It is interesting to note that these same beaches will now be closed at 10PM instead of 11PM, but whether this is being done because of the above problems or whether it is being done to save staffing costs is unknown.

Lake Committee (June 1, 2009)   Bob Neumann is Chairman and members are Bob Blue, Curt Campbell, Maurice Cea, Margaret Elliott, Judy Fagert, Bill Gordon, Roy Landskroner, Bob McLaughlin, Sally Slonaker, and Carol Webb.

 The May minutes were read and approved.   There were two guests at the meeting and Chairman Neuman explained to the guests the six concerns and responsibilities of Lake Committee, which are the quality of the water and the related testing, lake fishing, lake patrolling, weed control, dredging, and Common Area Docks.  Then the committee proceeded to discuss these areas.

The May water test showed the dissolved oxygen level at 10.4-11.3 with excellent clarity. The weeds in the lake seem to be a pond weed caused by the low water level earlier in the Spring.  Hopefully they will all be chopped off by the boats and the consensus of the committee was that using our Weed Harvester machine might just be a waste of time.

Fish Club reported that the Bratwurst Stand was a success during the Garage Sale weekend.  Although Fish Club has eighty nine paid members it seems that it is always the same ten or fifteen members doing all of the volunteer work.  Sally Slonaker said that they need more of the Fish Club members volunteering to work at their sponsored events.  Sally also reported that we have lots of blue gills, but not enough crappy and walleye and that it would be best for the lake if our fishermen did “catch and release” on these two species.

The subject of Buoy placement was discussed.  Some of the buoys were placed too far out from the shore and have been moved back to comply with our DNR buoy plan.  Buoys should be eighty feet from shore and fifty feet from the docks.  There are about one hundred buoys on the lake.  The committee agreed that a notice needs to be put in the Cider Press stating that it is illegal for property owners to move buoys.

The sunset lights are still not working.

There is to be no overnight docking at the Common Docks.

There is already a lot of erosion at the new jetty at Davis Beach and also it needs to be larger.  The riprap in the cove was put there to prevent illegal boat launching.  The committee will ask the Board again about building docks in the cove because the ones on the lake are almost unusable because of the waves.

There is still no dredging report from BBCM.

Editor’s Note:  A couple of years ago before “the lawsuits”, committee guests were not welcomed to the various committees.  Often they were not permitted to sit at the table or to make any comments or ask any questions until the end of the meeting and unless they were friends of the entrenched committee members they were treated like second class property owners.  This has changed and this committee meeting was an excellent example of the change.  These guests were welcomed and invited to join the committee.  Their opinions and input were sought in an attempt to make our lake the best lake for all of the owners.

Margaret Elliott, Editor and Publisher

The April 21, 2009 Apple Valley Board minutes were read, corrected and approved along with the April work session minutes.

Editor’s Note:  It was interesting that in both sets of minutes there were typos and spelling mistakes.   This seems to happen quite often and seems to be accepted as the norm by the Board.  Is this the kind of work performance that should be expected of AV employees?

President Jackie Pirics thanked the Election Committee for their efficiency in getting the ballots in the mail on time.  Pirics also stated that Director Woggon is reviewing the bylaws and will report on what ones need to be referred to the Bylaws Committee.      

Manager’s Report

Things mentioned included that the staff count continues to be 32 staff members with seasonal help being hired; the office staff is busy with the assessments coming in; the election packet has been sent out; one hundred and thirty homes were signed up for the annual garage sale; weed treatment by Fast Eddy’s starts next week; the outdoor pool and beaches are ready to open; the clubhouse lockout of the Lion’s Club was caused by an unknown person locking that door earlier in the day; draperies will be put up at FV to correct the poor acoustics; lock boxes are being purchased for access to buildings; and that the Board passed a motion that minutes will not be posted on the message boards.

Harmer asked for the Board’s approval to post Board and Committee minutes on the AV website and the Board passed a motion granting that request. 

Editor’s Note:  Harmer was unable to tell the Board when he and his staff would be able to post the minutes because only he and the Cider Press person are able to do this and they are both very busy.  It is truly perplexing to this editor how prior to the advent of Harmer there were fewer staff members and still the work got done….maybe it has to do with who has good management skills and who does not have good management skills.

Committee Reports

Activities Committee - Sharon Holmes

The 4^th of July Boat Parade will begin at 11:00 PM at Sutton Beach.  The first prize will be $100.  The AV Singers will perform on Labor Day weekend^.    The Cooking School is preparing a fund raising meal after the Sunday performance.

Architecture Committee - Moe Cea

There are now 2490 homes in Apple Valley.

Campers Village - Leslie Balliet

Flowers are being planted and things are running smoothly there.

Old Business

The resolution about businesses in AV has been changed and approved by the AV legal counsel.  There was a Board motion made and passed that this resolution will be published in the June Cider Press and that a meeting will be held on June 20, 2009 at 1:00 PM  for discussion between the Board and concerned owners.  

Property Owners’ Time

Denise Wellman, mother of one of last month’s air gun participants and wife of an AV maintenance staff member assured the Board that the “gun” episode last month was only play enactment by a group of teenage boys and that the guns are safe.

Editor’s Note:  The Board seemed rather negligent in their handling of this matter.  In the future the AV owners have been left with no other option than assuming that two or more people with guns on Common Property are only teenagers with pretend guns.  It might have been safer for the Board to require that before Common Property is used for this sport that a club should be formed and that “games” be announced to the membership before they take place.

The meeting was adjourned.

AVPOA Information Heard on the Street

This Editor has been told that the Lions Club and the Potluck Group are not the only organizations being locked out of our facilities!  Manager Harmer also neglected to make arrangements on Election Day for the poll workers to be admitted!!!  They were at the Clubhouse and Floral Valley at 5:30 AM to get everything set up, but surprise of surprise….they were locked out.  Like the other “lockouts” they also had to call around for someone to let them in to the facilities.  Finally at 5:50AM maintenance supervisor Danny Slone showed up.   Have these lockouts now become standard AV procedure?

Question:  Why did some people at a clubhouse wedding/reception last Saturday get sick and have to leave.

Answer:  The air conditioner did not work.  Harmer could not be contacted.  The AC did not get fixed and the Club House temperature became unbearable.

The Club house was rented again on Sunday and again the AC did not work.  Harmer was called and he said that he would send the security man over to see about fixing it.  The caller was told to turn the AC unit off because the coils might be frozen.  The unit was off for approximately 30 minutes when Harmer called her back. He told her that the AC was fixed and it did work when she turned it back on.   No AV staff member had ever come to fix it so it can only be concluded that Harmer is aware of the problem and is dealing with it by ignoring the problem.  Once again….Welcome to Harmer Valley!

 
Margaret Elliott, Editor and Publisher

Apple Valley Lion’s Club Locked Out Of Clubhouse

AV Employees Being Fired

We have heard of two employees being fired/let go.  Is this a cost saving move?  If so it is contrary to what was supposed to happen….cost savings were not to be achieved by getting rid of staff.

Committee Updates

Other items discussed during Old and New Business were that the Board still has not responded to this committee’s request for consideration regarding the rules for the message boards; that property owners’ questions at Board meetings are never answered; and that duplicating the wooden apple symbol previously on the barn with a similar cut out apple would have been too expensive.

After the meeting was adjourned, the committee members proceeded to inspect the marina and maintenance building areas.  Both were in good condition.  There was some discussion among the committee members as to the real need for an expensive addition on the existing maintenance building since the real purpose of this addition would be to house three tractors and two dump trucks. Some of the committee members thought that a three sided shed might be a more economical solution.

Elections Committee Correction - Betty McLaughlin and Marilyn Reaser are the co chairmen.

Editor’s Note:  A very large ballot box has been built to house the incoming ballots.  A double lock system is being used.  One padlock was purchased by Harmer and the other by Betty McLaughlin.  Both padlocks have to be opened to gain access to the ballots.  All ballots are being deposited in the box and this includes those that the post office was unable to deliver.  The box will not be opened until the votes are to be counted.  As large as the box is I am sure that the vote counting will need to be done at the administration building.

If you own multiple lots, be sure that only have three votes in each envelope…three lots would mean that you would need to return three envelopes.

The March 17, 2009 Apple Valley Board minutes were read, corrected and approved.

Editor’s Note:  It is unpleasant to attend meetings at the Administration Building.  Only about  thirty five people and cars can be accommodated at at this facility, the acoustics remain poor, and a clear view of the Board is physically obstructed by Harmer, the secretary, and the AV lawyer. It clearly is not an owner friendly setting.    

The Manager reported that we now have 32 staff members and he is trying to delay more seasonal hiring as long as he can.  The maintenance staff has been cleaning up the spillway area.  A Kenyon College geology class came to observe some of the formations in the spillway.  The maintenance staff has also been involved in pump repair at Floral Valley and readying Campers Village for its opening.  Harmer stated that even though there are not RV’s on all the sites that all sites have been reserved and money tendered.

People have also begun making reservations at the various shelters.  He further stated that ninety eight access cards have been sold to the workout room and that people like the time flexibility and no one has safety concerns.  They have gotten rid of the weight bars and bench and have substituted dumbbells. 

Editor’s Note:  Is this what Jeff thought he heard people say?  Has he issued an access card to the emergency squad in case an owner gets in trouble and manages to call the squad?

Committee Reports

Activities Committee report - Sharon Holmes

They have had a couple of new members join their committee.  The Easter Event was a success with 188 children registered.  The Committee is planning to have a boat parade on the Fourth of July and the monthly potlucks are now the responsibility of this Committee.

Architecture Committee Report - Moe Cea

Moe’s report reflected that new house construction etc is down.

Old Business

The Board has had a sub committee considering how to enforce the Covenant that says that there shall be no businesses in the home.  The policy will be published in the Cider Press so that owners have a chance to give input before the Board passes it.

Editor’s Note:  It seems that the goal of the Board is that home businesses in the Valley be invisible.  This would mean that people should not advertise their AV address, have minimal foot traffic, and not have trucks in their driveways that advertise their business.  This is the way that it has always been, but in the past few years while Harmer was tightening down on cutting trees, etc he neglected enforcing one of our Covenants.  If you do not agree with the Board’s enforcement of this Covenant, then I suggest that you call a Director and express your concerns.

Property Owners’ Time

Julie Arnold said that at 12:45PM last Sunday she saw hunters on the land that AV is leasing from the county.  They were dressed in hunting cloths and had guns.  Julie called the AV emergency telephone number and is still waiting for a call back. 

There was some discussion with Jackie Pirics saying that they were not hunters, Dee Zarbaugh saying that they were paint ballers, and Harmer saying that the people were not trespassing because the land is not posted and they were using air guns.  Julie held her ground and said that there was a shot gun and it had been identified as such by another property owner.

Editor’s Note:  The overall impression I got was that Harmer was resentful about a property owner complaining and that if you want to make sure that a situation of this type is looked into you probably need to call the Sheriff’s Office.  This is in my opinion just another example of Harmer’s poor management skills.

On a more positive note, I was impressed that the Board seemed more relaxed and made spontaneous comments.  Also they allowed Julie to have rebuttal from the floor.

The meeting was adjourned.

AV Information Heard on the Street

This Editor has been told that Kegler and Brown law firm has been replaced by the local firm Zelkowitz, Barry, and Cullers and to support this is the fact that the attorney present at this Board meeting was Noel Alden of that firm.  However, the present lawsuit against Harmer, Cea, and past and present Directors is still represented by Kegler and Brown so the status of our legal representation is unclear.  I would hope that when Kegler and Brown is completely out of our AV business that the new law firm will recommend mediation.

Also heard is that Betty Cea has resigned as Election Committee Chairman and Helen McClauglin and Marilyn Reaser have been appointed as co-chairmen of this committee. Many concessions have been made by Harmer in regards to building a bigger ballot box, closer oversight of the mail, etc.  However, supposedly Harmer has pooh poohed the idea of the ballots being collected by a third party and has kept it all in house in “his” office….I wonder why????

Margaret Elliott, Publisher and Editor

Are Harmer’s Cost Savings Steps Creating Danger for the Owners?

Harmer has established a card system for the Fitness Center at the Club House.  Owners will purchase an entry card.  There is no longer any way to enter the Center from the front door.  Instead you will be accessing the Center much as you would to go to the outdoor swimming pool.  This means that you will be walking down to the back entrance, using a door card, and entering a facility that has no attendant. 

This seems to create risk for the average owner.  What woman is going to the Center at 5AM or 9PM when it is dark and walk that lonely stretch to enter an empty room.  We have been told that security cameras will monitor the room, but no other facility opens or closes at these hours.  What if someone over exerts and has a health problem?  Are we to be comforted that if someone is accosted or has a medical emergency that later their grieving family will be able to watch a video recording of the crisis as it happened? 

Harmer says that this is being done to save on the heat in the upstairs room.  This sounds like very poor judgment on the part of the manager or maybe he cannot assess risk because he always feels safe because as a law officer he can carry a gun.  Was the Board ever consulted and how much did this great techie entrance card system cost us?  Once members point this undue risk out to the manager, does the Association then face liability issues when something happens? 

Harmer keeps looking at nickels and dimes savings that always seem to deprive the owners of AV amenities.  Maybe it is time for him to look at cutting down on office expenses such as a projected annual telephone costs of $20,000, office supplies of $20,000, or cutting down on his “techie” expenditures.

Margaret Elliott, Editor

Re: AVPOA Election Process Article in the April Cider Press

This Cider Press article quoted the bylaws regarding our election process.  What it did not mention is that our ballots are deposited in a small ballot box in the main office and because it is too small the box is emptied periodically.  When it is emptied the ballots are alphabetized and placed in a file drawer somewhere in the office.  What happens to your envelope then? If you were known to be anti the establishment your vote could simply disappear.  If there were not enough known establishment votes then the names of non voting members could be used to control the outcome of the vote.  Other control means are probably used, but these are examples of what will eventually be presented in Court in the current lawsuit. 

No wonder that those who control AV will not even consider having a third party collect the ballots and deliver them just in time for counting the ballots?  Of course the Court hearing being delayed and no attempts at mediation by the defendants are a year will have passed and the ballots will have been destroyed.  Time that is purchased with your AV dollars seems to allow corruption to continue through the natural consequences of time; owner apathy, destruction of documentation, and the deaths of defendants and plaintiffs (Jane Engles, Earl Owens, and Steve Elliott).

Margaret Elliott, Editor

Committee Highlights

Budget and Finance Committee:   (March 2009)   Bob Sichel is Chairman and members are, Dick Anderson, Bob Blue, Betty Cea, Moe Cea, Margaret Elliott, Judy Fagert, Bob Meldrum, Dick Myers, Marlyn Reiser, Kathy Riley, Nellie Robinson, and Angie Ward. 

The December financial draft was review and approved.  The audit will be done in April and there is one change to be made and maybe more after the audit.  Next the February financial statement was reviewed and approved.  Around $145,000 was removed from the 2009 Repair and Replacement rather than carrying it over.  If something breaks, it will be repaired or replaced.  Most projects have been eliminated.  There will be CH access control at the Clubhouse.  This was budgeted for $8,000.  Floral Valley automatic HVAC has been budgeted for $23,000.  Dredging will be considered.

Editor’s Note:  Those changes that might need to be made after the audit sound like some more of Meldrum's, Sitchel's, Dumaree's, etc. “Corporate Finances”.  It was enlightening last year when we learned that corporate financing was just a fancy term for ignoring mistakes!

Property Committee (April 6, 2009)   Judy Fagert and Julie Arnold are Co Chairmen and members are Ed Arnold, Mary Cornett, Margaret Elliott, Chris Gustafson, Sharon Harper, Sharon Holmes, Jim Jennessee, Fran Kovach, Vince Marcellino, Kay Myers, Lorraine Stanson, Don Ward, Carol Webb, and D.J. Young.

Last month’s minutes were reviewed and approved.  The first item under Old Business was that there has been no clarification yet on the use of the new and expensive message boards.  Next the committee was told that no Cleanup Day had been scheduled because permission to do so had not yet been granted by the Board. 

Harmer reported that access cards will be issued for the Club House.  The Club House has been basically split in two:  the downstairs Fitness Center and the upstairs room that is presently used for rentals, club meetings, and committee meetings.  You cannot gain access between the two areas.  Harmer said that long term maximizing use of this room is to send the committees and clubs to Floral Valley so that the heat and AC can be turned down in the upper level.

Editor’s Note:  Though Harmer denies that the Club House upstairs room will be just be slated for rentals it does sound like the owners are on the brink of seeing the use of another amenity taken from them….welcome to Harmer Valley!

Next Harmer said that he is shifting staff so that there will be a maintenance man on second shift and this will help eliminate calling staff in after hours. Following this he stated that the staff has plotted out a one and a half mile loop path in the FV woods and that very little work will have to be done to establish this path. 

Harmer said next that the Board decided on the removal and relocation of the flag pole previously located in front of the Administration Building. 

After forewarning us that reservation lists for beach facilities will be posted in the restroom buildings at the beach and fee will be charged for the facilities, Harmer said that he has spent money for changes to our website so that committee minutes can be posted there.

Editor’s Note:  While I was listening to Harmer’s report and money saving ideas I watched one of his immediate family members walk by the desk and did not see the adult with him sign in or pay a dollar (Harmer is not an AVPOA member) on his way to the pool.  While Harmer is seeking every way possible to make the owners pay more, he is giving free fitness and swimming facilities’ usage to the employees and their families. 

While participating in the Floral Valley inspection, it came to my attention that guards are wearing street clothes while on duty and that although we already had kitchen facilities at FV, the guards’ pool room has been furnished with a refrigerator, microwave, etc.  Maybe a savings on utilities would be to unplug these unnecessary appliances! 

Next month the Property Committee will inspect the Marina and Maintenance Building.

Lake Committee (April 6, 2009)   Bob McLaughlin is Chairman and members are Bob Blue, Curt Campbell, Maurice Cea, Margaret Elliott, Judy Fagert, Bill Gordon, Roy Landskroner, Bob Neumann, Sally Slonaker, and Carol Webb

Last month’s minutes were read and approved.  Old business mentioned was that the April 22^nd Fish Club Casino trip still has vacancies and that the Buddy Bass event is scheduled for May 2.  There has been nothing new learned about the proposed dredging and Lake Patrol has started organizing.  New Business was: the rain level in March was down one and a half inches and this has affected the lake level; the jetty to protect the swimmers has been completed at Davis Beach; and the annual lake water testing will start next month.

Margaret Elliott, Editor and Publisher

April 8, 2009

December 7, 1935 - March 21, 2009

Yesterday, Editor and Publisher Steve Elliott, passed away after a three month battle with heart and cancer problems.  During that time he reflected upon the Apple Valley situation.  He knew that Apple Valley was not as safe for his family and most of the owners as it needed to be.  To that end he wrote the following editorial that was posted at the beginning of this month:

Why Continue the Legal Battle?

Every once in a while it is good to review a course of action.  So it is with our lawsuit against some of the past/present members of the AV Board, Manager Harmer, Accountant Dunnavant, and Election Chairman Cea.   In doing so we reflect back to 1991 when we had a group of people in control of the Apple Valley Property Owners Association, who were not responsive to the needs and requests of the majority. This resulted in an uprising by the people and under this pressure there were five Board resignations.  After a new Board was elected we had about four good years of concerned and conscientious Board leadership.  However that period did not last.  Out of the shadows some of the same people (who had caused the 1991 unrest) and their cohorts began once again entrenching themselves in the running of AV.  This time they were even more determined in reaching for more power and control and they have been successful.   Thus an impasse has been reached.  They will not represent all of the property owners, but instead use the Association’s money to further entrench themselves.  Thus this lawsuit must go forward so that legal precedents are established to protect present and future owners from further abuses …….

The lawsuit will continue and hopefully one day we will establish law that will protect all association owners from the abuses that have been inflicted upon us at Apple Valley.

It is time that our association funds are used for the owners not against them.   The RAV will continue reporting the AV information since the Cider Press is useless in doing so.

New Editor and Publisher, Margaret Elliott

--------------

March 2009 Open Board Meeting

Board approved minutes for Feb. 3 and March 4 Work Sessions

Manager’s Report:

Dock fees have been established

3 AV maps are being replaced in Common Buildings

The blue Apple is back up on the Barn

AV has 30 employees

The Fitness Center will have a card system installed making the center available seven days a week 5AM to 9PM              

AV has applied for federal stimulus money for our campground

Resort contract was renewed for 2009.

Air Solutions of Ohio got the bid for installing controlled heating at FV.

Ad Hoc committee of Board Members Linda, Kathy, Dee, Al, and Roger will look into home business rules. When they make a recommendation, the Board will hold meetings to get members input 

Editor’s Note:  Nice that AV members will get some say.

Beach shelter reservations were discussed.  The Board decided to charge $15 for a 4 hour rental.  Reservations will be available only on non-holiday week-ends.  Other times will be first come gets the shelter.

Editor and Publisher Margaret Elliott

March 22, 2009

Why Continue the Legal Battle?

Every once in a while it is good to review a course of action.  So it is with our lawsuit against some of the past/present members of the AV Board, Manager Harmer, Accountant Dunnavent, and Election Chairman Cea.   In doing so we reflect back to 1991 when we had a group of people in control of the Apple Valley Property Owners Association, who were not responsive to the needs and requests of the majority. This resulted in an uprising by the people and under this pressure there were five Board resignations. 

After a new Board was elected we had about four good years of concerned and conscientious Board leadership.  However that period did not last.  Out of the shadows some of the same people (who had caused the 1991 unrest) and their cohorts began once again entrenching themselves in the running of AV.  This time they were even more determined in reaching for more power and control and they have been successful.   Thus an impasse has been reached.  They will not represent all of the property owners, but instead use the Association’s money to further entrench themselves.  Thus this lawsuit must go forward so that legal precedents are established to protect present and future owners from further abuses such as the following:

Borrowing money without Board Approval

We know for a fact that former Board Presidents Bob Sichel, Earl Owens, and Carl Holmes have violated our Covenants by borrowing hundreds of thousands of dollars without Board resolutions.  What about the $250,000 loan that was on one of our bank statements that the Board has continually denied?  However, when a subpoena was issued to First Knox Bank for this information there was a flurry of actions from the AV Board and First Knox Bank requesting that this information be denied to the plaintiffs.    Why would you request of the Court that information be denied if there is no $250,000 loan?   Also, under what authority is Jeff Harmer co-signing loans?

Selling off AV Common Property

A piece of lake front property was sold for $500 so that a private owner could enlarge his home. An easement was given to the Knox Energy Cooperative to provide gas to the new East Knox High School even though the old high school had gas service which could have been extended to the new school.  Associated with this issue are unanswered questions about the conflict of interest between the AV Board and the Knox Energy Company.   To allow the unauthorized and unchallenged disbursement of our property is setting a precedent for more losses of AV Common Property!

A Board that not only ignores its fiduciary responsibility, but even votes that it cannot have full financial information. 

How can a Board vest all its financial responsibility in a manager?  How can it place the Association in jeopardy of lawsuits regarding salaries, theft, and shortfalls?  This financial negligence on the part of our Board needs to be corrected.  Right now we do not know who actually has the control of our money?

An election process that is vulnerable to corruption. 

If our vote is meaningless, then what input and protection do we have?

Much more could be said, but these are the major issues from which we must have protection.  A temporary turn around in the Board will not do it…we have been there…done that.  There will always be a new crop of ill guided Board members out there waiting to take over whether it is from greed, desire for power, need for acceptance, or just stupidity. We need legal rulings to protect us from them!

Steve Elliott, Editor

Committee Meeting Notes

Budget and Finance Committee:   February 25, 2009   Bob Sichel is Chairman and members are, Dick Anderson, Bob Blue, Betty Cea, Moe Cea, Margaret Elliott, Steve Elliott, Judy Fagert, Bob Meldrum, Dick Myers, Marlyn Reiser, Kathy Riley, Nellie Robinson, and Angie Ward.  Other attendees were Harmer, Dunnavent, Pirics, Gordon, and Patton.

The Committee reviewed and approved the January Financial statement.  There was a transfer of $100,000 this month from the operational Edward Jones account and that leaves us a total of $297, 833.   After adjustments the January expenses were $17,000 greater than what was budgeted.  Architectural income is less this year because there is less building taking place.  Employee benefits were greater than what was budgeted because of the increase in the cost of their insurance.  The AV real estate taxes have increased for this year.  There was no Repair or Replacement Schedule in this statement since so many of the projects have been cancelled because of the budget cuts.

The December Financial Statement will not be reviewed until the March meeting.

Property Committee (March 2, 2009)   Judy Fagert and Julie Arnold are Co Chairmen and members are Ed Arnold, Mary Cornett, Liz Dumaree, Margaret Elliott, Steve Elliott, Chris Gustafson, Sharon Harper, Sharon Holmes, Jim Jennessee, Fran Kovach, Vince Marcellino, Kay Myers, Lorraine Stanson, Don Ward, Carol Webb, and D.J. Young.

Floral Valley, which was scheduled for inspection at this meeting, was closed.  Therefore the meeting was cancelled.    

Lake Committee (March 2, 2009)   Bob McLaughlin is Chairman and members are Bob Blue, Curt Campbell, Maurice Cea, Margaret Elliott, Steve Elliott, Judy Fagert, Bill Gordon, Roy Landskroner, Bob Neumann, Sally Slonaker, and Carol Webb.

The Fish Club reports that their Casino trip is scheduled for April 22.  Sally also reported that money earned by the Club has been used to purchase a new fryer, which will be donated to the Association.

Under old business the Committee first discussed posting signs at the Marina and at the Cemetery for a 9 inch Crappies limit. The next item was that BBC has been here and in about six weeks we should get the dredging report. Following this discussion the committee members were asked for names of owners who might be interested in heading up Lake Patrol.  The last topic covered was that AV no longer has a licensed weed control employee and since Fast Eddie’s is getting a weed control license they will be doing our dock weed control.  It was mentioned that AV will not be subsidizing weed control this summer and the dock owners will responsible for the full cost of the treatment.

Steve Elliott, Editor and Publisher

When a person goes into court our laws require that the system provide them with a fair and unbiased opportunity to make their case.  The attorneys on both sides of the issue attempt to frame the issues by filing various motions and other paperwork in support of or in opposition to the positions of the parties.

The judge is assumed to be the unbiased arbiter of these matters.  He or she is to review the various motions and material and rule upon them according to how the courts above have ruled on similar issues in the past.  If a judge is unable to be unbiased, or free from outside obligations, then the judge has a legal duty to step aside and have a visiting judge take over.

As you know, suit was filed against several of the current and former directors, officers, and employees of the Apple Valley Property Owners Association.  That suit was filed on December 20, 2007.

Ultimately, we have won at nearly every step of the way.  When Judge Eyster made rulings that were clearly erroneous, we were able to get him overturned at the appellate level.  And when an unbiased visiting judge was brought in to replace him on an earlier related case, we were also able to prevail because the law was on our side.

We have characterized this process as the legal dance.  Even though the law was clearly on our side, it has been necessary to go above Judge Eyster, time and again, to force him to follow the same laws that he has sworn to uphold. 

But this process consumes time and financial resources and lets the bad actors have more time to commit further bad acts.  And we’ve never really understood the reason why for this until now. 

Let me explain.

In early 2004, Judge Eyster’s wife, Carol Garner, was hired to be the Development Director for Knox Community Hospital.  Her only job is to raise the approximately $14 million that the hospital needs for its various programs and projects.  And she has done well, raising several million dollars so far from various community leaders and companies.

In 2006, the Chief Justice of the Ohio Supreme Court disqualified Judge Otho Eyster from presiding over a case that involved one of these donors to the hospital.  That donor had given approximately $23,000.00 to the hospital and helped to raise more.

Now fast forward to this year.  One of the key issues in our case concerns the approximately $450,000.00 in unlawful loans made by First Knox National Bank to the Apple Valley Property Owners Association.  The loans were made by Mark Leonard, a Vice President of the Bank.

In an effort to stymie our discovery, the bank and the defendants in this case filed various motions to quash, grant protective orders, and dismiss these claims.  All of the motions were granted by Judge Eyster despite the fact that the law is on our side.  All of these issues are currently on appeal, once again.

But here’s the curious part that has helped put all of the pieces of this puzzle together.  The attorney that represented First Knox National Bank on this matter is Kim Rose.  Mr. Rose is also a member of the board of directors of Knox Community Hospital.  In effect, Mr. Rose is Judge Eyster’s wife’s boss.  He is also currently interviewing to replace Garrett Ressing as the new attorney for the Apple Valley Property Owners Association.

His client, the First Knox National Bank, has made contributions of at least $100,000.00 to Judge Eyster’s wife for the hospital.  The vice president of the bank who made the loans to Apple Valley, Mark Leonard, is a friend and lunch companion of Judge Eyster.

Judge Eyster has been asked to recuse himself from this case and end the legal dance.

Steve Elliott, Editor & Publisher

There have been questions asked about the AV legal case.  We will address this issue in the next few days.  Be assured that the legal dance continues!

Committee Meeting Notes

Budget and Finance Committee:    Bob Sichel is Chairman and members are, Dick Anderson, Bob Blue, Betty Cea, Moe Cea, Margaret Elliott, Steve Elliott, Judy Fagert, Steve Jenkins, Bob Meldrum, Dick Myers, Marlyn Reiser, Kathy Riley, Nellie Robinson, and Angie Ward

The Committee reviewed and approved the November Financial statement.  Harmer went over the budget cuts.  Some of them are listed in the February Cider Press.  No new boats are being ordered for 2009.  This will reduce our inventory of boats.  However property owners can order a 2009 boat through the Marina.  Most big items have been put on hold.  Harmer further reported that the dredging study is ongoing and a sewer study at the Campgrounds is being considered.

Editor’s Note:  Budget and Finance Committee is as up to date as the Board Minutes in the Cider Press.  I wonder when the December and January financial statements will be reviewed by this committee.

Property Committee (February 2, 2009)   Judy Fagert and Julie Arnold are Co Chairmen and members are Ed Arnold, Mary Cornett, Liz Dumaree, Margaret Elliott, Steve Elliott, Chris Gustafson, Sharon Harper, Sharon Holmes, Jim Jennessee, Fran Kovach, Vince Marcellino, Kay Myers, Lorraine Stanson, Don Ward, Carol Webb, and D.J. Young.   

Properties Committee filled out Request for Consideration for a Clean-Up Day in May and for assorted pictures and plaques telling the AVPOA history to be hung on the walls of our facilities.  These requests will be presented to the Board.  There has been no resolution yet on the committee’s previous requests for the Apple symbol to be replaced on the barn, AV wall maps at the facilities, and clarification on how the bulletin boards are to be used. 

The committee turned in safety concerns and a list of repairs for the Community Center to the manager.

After the committee meeting an inspection was done at the Administration Building, Storage Building, and the Barn.

Editor’s Note:  I hear that the flag pole in front of the administration building

has been taken down.  Chalk a win up for Harmer in the game of manager’s

wants vs. owners’ requests.

Lake Committee (February 2, 2009)   Bob McLaughlin is Chairman and members are Bob Blue, Curt Campbell, Maurice Cea, Margaret Elliott, Steve Elliott, Judy Fagert, Bill Gordon, Roy Landskroner, Bob Neumann, Sally Slonaker, John Sutherland, and Carol Webb.

It was reported that BBCM is scheduled to do a dredging study on the north end of the lake as soon as the weather permits; the Fish Seminar was a success; and there will be no fish stocking this year.

There was discussion about the committee’s concern about AVPOA not doing any weed control this year.  A recommendation was made to the Board about this concern.  The committee would like to see weed control provided to property owners at Board’s cost.

The committee’s input to the Board regarding use of the lake by the Kenyon College’s Scull Club was that the request be denied because of safety issues, length of boats, and the liability issue.

Steve Elliott, Editor and Publisher