Budget and Finance Committee learned that under the Ohio Administrative Code Apple Valley is required to always have a life guard on duty at the pool.

The question was asked whether when we have two life guards present and 50 or fewer swimmers if rest periods were necessary since only one guard was required.  Harmer said that he would check with the aquatic person to see about this.

Editor’s Note:  When an owner is asked to get out of the pool in this particular situation…and there is nothing quite as cold as sitting out during a rest break….the owner needs to ask the guards about what instructions they have been given by Harmer regarding this scenario.  Take the above Ohio code to the pool with you.  There is nothing in it stating that both guards must take a break at the same time and I am sure that the guards would be more than happy to accommodate the owners.

 

There was discussion about whether it would be advisable to check out whether the AV property and AV owned lots are over valued by the Knox County Auditor’s Office and if so whether we should appeal those evaluations.  A motion was made and passed asking the Board to consider a study of valuation of our property.

 

The November 2009 Financial Statement listed $2,449 spent on new software for the Marina.  It is thought that this software will solve the accounting problem found by our former auditing company.

 

Lake Committee discussed the dredging plans.  Since there were so few bids and dredging will not be done this year the committee made and passed a motion that the Board re-contact companies that did not initially respond to our bid process and invite them on a certain day to come and see our lake while the water level is down.  The committee is hoping that this might create more bids.  The committee also discussed the possibility of AV taking some of the burden of risk associated with dredging.

 

The Fish Club has purchased eighteen tangle free fish habitat structures.

 

Margaret Elliott

Editor

        

The first thing on the Agenda was the approval of the October 6^th, October 13^th, November 16^th, and December 2^nd Board minutes.  All of these minutes were approved.

 

In the Manager’s Report we were informed that we now have 32 employees and that the AV office and Marina will be closed from December 24^th to January 4^th so that our employees can use up their vacation days, which would otherwise be lost at the end of the year.

 

There was very little reported by the committees and clubs.  Activities Committee reported that the Halloween event was very successful and that the New Year’s Eve event will be dessert only and that the cost will be $15.00.  Cooking Club will be fixing lobsters this month and prime roast in January.

 

Under Old Business we were informed that because of bylaw restrictions there will be no dredging this year.  The bylaws are as follows:

 

12.4.Major Expenditure Hearing Requirement.
12.4.1. The Board shall neither make a binding commitment nor approve any expenditure for facility construction, for modification or repair of an existing facility, or for the acquisition of equipment, the total cost of any of which is anticipated to exceed 1,000 times the annual assessment, until three property owner hearings have been conducted wherein the need for the expenditure is presented, the factors in arriving at the Board solution are discussed, and property owner input is considered and concerns are addressed.Such hearing may be held in conjunction with regularly scheduled
Board meetings and shall be at a frequency of no less than twenty-five days apart.
12.4.2. When an expenditure, as described above, must be made immediately due to an emergency situation, and a delay for the prescribed hearings would be impractical or cause endangerment to life or the significant destruction of property,
the Board shall, as soon as possible thereafter, conduct a hearing with property owners to explain the circumstances of the expenditure, to provide just cause for not meeting the normal hearing requirements, and to furnish a forum for property owner input.
12.4.3. Construction, modification, repair, or acquisition programs will not be divided into successive annual increments in an attempt to avoid the hearing requirements of this Bylaw, except two separate projects in the same complex will not be construed as a violation of this Bylaw.
12.4.4. A timely notice of hearings, as described above, will be published in the Cider Press and through other methods normally used by the Board to announce events.

 

The Board will schedule the required three meetings and required Cider Press advertisement in the future.

 

There were three items on the Agenda under New Business.  The first was the 2010 Budget.  The original budget presented to the Board from Budget and Finance Committee stayed within our projected income with a surplus of $400.  After miscellaneous comments by the Directors, Harmer announced that he had found some cost savings that would put us at $49,600 in the black.  The Board was delighted and the budget was passed with the new savings.

 

Editor’s Note:  Harmer has consistently shown a pattern of pulling the proverbial “rabbit out of the hat” when someone of importance wants something special or when the Board is looking for money.  Maybe it is time for the Board to vote themselves the right to investigate where all the excess is in our budget that he taps into.  Maybe it is time for the Board to become fiscally responsible and start studying line item expenditures and look at the checks written.   These two areas will tell the true story.

 

In an aside comment Harmer stated that years ago it was projected by individuals that in 2010 our budget would exceed our income.

 

Editor’s Note:  The individuals giving these dire prophesies were the same people that said that our Board of Directors had to understand “capital financing”.  Three CPA’s did not know what that meant.  It is also a stretch of the imagination to think that these individuals knew that bad contractors would cost us $90,000, an illegal removal of a board member would cost over $200,000 in legal fees, and unnecessary major additions such as the maintenance building and FV and Admin Bldg would account for hundreds of thousand more in expenses….so… please stop quoting these prophesies as justification for asking for new assessments.

 

Next in New Business was converting our health plan from a cafeteria plan to a new Health Saving Account. Harmer projected that this would drop our monthly cost from $12,000 to$8,000 a month.  A motion was made and passed accepting this new plan.

 

The last piece of New Business was to reduce the number of Directors from ten to nine members. Woggins explained that when the Court ordered that a Director be reinstated, the Board had voted to increase the number of Directors to ten rather than removing the one that had taken Pullins’position.

 

Editor’s Note:  It was disappointing that the Board has never had the grace to apologized to Pullins for illegally removing her from the Board and that they failed last night to recognize her years of service on the Board.  It was even more disappointing that the Board has never apologized to the owners for spending over $200,000 of Apple Valley funds for their unlawful action. However, it has been said that this manner of controlling the Board by threatening Directors with removal is evidently a longtime practice at AV.  The only thing that went wrong this time was that Pullins fought it.  What did the owners get for their $200,000?  Perhaps in the future the Board will hesitate before attempting to oust Directors, who want information about finances and other forbidden subjects.  Also another upside is that they have set the precedent with Pullins that we no longer acknowledge a Director’s service or give any gifts of appreciation….that is a time and budget savings and evidently it will take effect this year and every year afterwards!

           

Heard in CommitteeMeetings

 

Budget and Finance Committee discussed the real probability that property assessments will not be increased this April becauseo f the lower CPI’s.   There was some speculation that there might even be a decrease in the assessments.

 

Property Committee learned that Harmer took $700 out of the Activities fund for a projector screen for the Veteran’s Day program.  There is a plan to use this screen to show movies in the swimming pool area.  Some people questioned what gave Harmer the right to take Activities funds and also what gave him the right to make decisions about such a purchase without consulting the Board or Properties Committee.

Margaret Elliott, Editor & Publisher

        

An appeal has been filed of the partial dismissal of our derivatives suit from January 27, 2009.  You can view the documents here.

As you may recall, the AVPOA settled the remaining issue at the trial level.  This permitted the trial issues to be concluded in order to allow the previously dismissed issues to be appealed.

        

Apple Valley POA Open Board Meeting - October 13, 2009

President’s Report: 

Bob LaPrad has been appointed as the AV representative to the Knox County Community Fund.

 

Editor’s Note:  As a Board Director, LaPrad was the central figure in the AV Board’s decision to donate $5,000 to this fund.

 

There has been an acceptance of the legal case.

 

Editor’s Note:  The terms in this settlement were posted in the prior RAV.

 

Manager’s Report:

 

Included in this report were that that there are presently thirty seven employees; the last assessments were mailed in September; the AV website is up and thus far 100 people have signed on; the Board of Director election packets are available now; the sewer problem in the Sutton Beach cove area will take about 3-4 weeks to resolve; lock boxes have been installed at the AV buildings for the fire department usage; and the AV maps will soon be mounted in the AV buildings.

 

Editor’s Note:  These maps are definitely an improvement over the old maps.

They are in color and have both the lot number and the street address on each lot.

Committee  Reports

 

Activity Committee report was given by Harmer.  He said that Halloween will be celebrated here on October 30^thinstead of the 31^st.

 

Architectural Committee report was given by Moe Cea.  He stated that there were seventeen projects last month and eighty six projects between last January and September.

There are over 2,500 homes in AV.

 

Campers’ Village Committee report was given by Leslie Balliet.  She reported that October 17^th would be Trick or Treat night and there would also be a hayride.  The camp grounds close on November 1^st.

 

Long Range Committee Report was given by Bob LaPrad.  He explained that the last plan was approved by the Board in 1998 and it covered the years of 1998 through 2005.  The plans are reviewed annually and changes can be made by a majority vote of the Board. This committee is made up of representatives from each AV subdivision and the Campgrounds.  A new survey is on line and they hope to have the results by the end of November.

 

Cooking School report was given by Dee Zarbaugh.  Their lesson for this month is cooking filet mignon.  The November class will deal with cooking deep fried turkey.

 

Old Business dealt only with the lake dredging.  The sub committee has finalized the bid form and the forms will be sent out October 14^th.  November 16^th will be the date that the Board will open the bids.

 

New Business was about an Engagement Letter 2009 Audit.  Our present auditing firm in Mansfield did not want to do the audit this year.  The Audit Committee sent out ten bid letters and four were returned with only one bid.  This bid was from Dennis & Schisler, Inc located in Mount Vernon.  The Board approved this bid of $10,500 for the first year and increases for both of the next two years. 

 

Director Pullins questioned why there was only one bid.  Committee member LaPrad was on the subcommittee dealing with this bid process. He answered Pullins by saying that all of the CPA's in this area are so overworked with non profit association work that they are not taking any more.

 

The Board was not interested in seeking any other bids and all but Pullins voted in favor of this firm.

 

Editor’s Note:  Audit Committee is one of the committees where the members are appointed by the AV Board President and meetings times are never made available to owners, who might like to attend these meetings. With this in mind, the following questions are posed:

 

-         The Mansfield firm had questions in their audits concerning the way the

accounting was done at the Marina.  Harmer kept saying that he had to get new

software to correct the problem.  Did this firm withdraw because AV failed to

make any corrections in their accounting practices?

 

-         Dennis & Schisler was our accounting firm prior to the Mansfield firm.  AV evidently had some concerns with this firm by not renewing their contract several years ago so why was a  bid form even sent to them?  Is Dennis & Schisler comfortable with the accounting practices at the Marina?

 

Margaret Elliott, Editor

 

        

Legal Update:

The Apple Valley Property Owners Association (AVPOA) has settled with us the remaining issue that was originally scheduled for trial in September in our derivatives action.  The AVPOA has agreed to provide Plaintiffs with the copies of documents that in some cases that they had requested over two years ago.  You can review a signed copy of the settlement agreement here.  The remaining issues have been dismissed by Judge Eyster and will be likely appealed, again.  Thank you. 

Committee Highlights

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

The August Financial Statement was reviewed and approved.  Total Checking/Savings assets are $1,854,054 and Campground, Marina, Inventory, etc brings the total current assets to $2,196, 620.  The fixed assets such as land, buildings, furniture, depreciation, etc total 1,107,150. The total for current assets and fixed assets is $3,306,770. Total current liabilities are $190,113 and designated, undesignated, retained, and donated equity is $3,113,657 for total liabilities and equity in the amount of $3,306,770.  Thus far through August AV expenses are: telephone $2,395; employee benefits $7,808; administrative salaries $19,036; maintenance $22,790; aquatic salaries $10,093; mechanic salaries $2,074; and seasonal salaries $2,115.

Properties Committee (October2009)  are Vince Marcellino and Sharon Holmes are Co Chairmen and members are Ed Arnold, Julie Arnold, Bob Blue, Margaret Elliott, Judy Fagert, Chris Gustafson, Sharon Harper, Lorraine Stanson, Don Ward, Carol Webb, and D.J. Young.

Vince was told during his meeting with Harmer the following: the geese hunt is ongoing; Friday cleanup of the beaches is now done in the evenings so that the beaches will be as clean as possible for the weekends; andthe AV maps will soon be hung at the Clubhouse and Floral Valley.

The only new business was a short discussion about the popmachine blocking handicapped access at the Sutton Beachbathhouse.

Lake Committee (September2009)   BobNeumann is Chairman and members are Bob Blue, Curt Campbell, Maurice Cea,Margaret Elliott, Judy Fagert, Bill Gordon, Carl Holmes, Roy Landskroner, Bob McLaughlin, Sally Slonaker, and Carol Webb.

Bob Neumann reported that he had discussed the lake issue with Deputy Brenneman of the Sheriff’s Department, who said that a significant issue at AV is that people born in 1982 and after are being cited for not having proof of having taken the DNR boating course.  If boaters do have a card they have 72 hours to produce the card.  Courses are available on the internet.

In Old Business it was stated that the weed problem at Sutton Beachhad improved as a result of our Weed Harvester being used.  Also it was mentioned that the AV Board hasformed a sub Committee to draw up a dredging bid form.  Lake Committee is concerned thattime is slipping away and we not be able to do the dredging by this January orFebruary.  In response to the Board’srequest for Budgeting Items, the Committee will submit the following:

Dredging

Move Davis docks.  Weprobably will need six docks at about $4,000 per dock.

Matching money for fish stocking

Twelve new and replacement buoys at about $220 each

Heard on the Street

Boat Dock ownersreceived letters that their docks must be repaired.  Seventy to a hundred letters were sent out at the end of September to owners about their boat docks needing specific repairs and the owners were given only a few days to get to the office to get permits for the repairs. These letters were supposedly done as a cooperative effort between the Architectural Committee and the AV Enforcement Officer.

My first response was to get out on the lake and see whatwas wrong with the docks at AV. Basically the owners’ docks looked good with maybe one or twoexceptions.  However, the AV docks lookedterrible in comparison.  If the owners’docks needed painting, then so did the AV docks.  It seems that the need to generate fines has begun to lead our Enforcement Officer astray.

There must have been quite uproar over these enforcement letters because the next thing we heard was that Harmer was disavowing any responsibility for the letters.  Harmer quickly sent out an apology letter regarding Randy’s curt letter and the short time span given to comply.  What will be the next enforcement move in Harper Valley?

Floating sewer line on AV Lake. On about October 7^ththe Knox County Water Company discovered that they were processing more water than usual from an AV sewer line at the county lift station.  Divers found that the cause was a hole in the sewer line at the South Launch Cove resulting in lake water being sucked into the sewer line.  There was no release of sewage water into the lake.  By Friday other scuba divers had investigated the problem and found that the gravity sewer line had fallen off its concrete piling. A special interstate contractor and crew were soon laying a floating sewer line. No one at AV had been aware that a sewer line crossed at the entrance ofthat cove.

Boat laying plastic sewer pipe.

View from Sutton Beach

It will probably be several weeks before the cove will be reopened.

Margaret Elliott, Editor and Publisher

        

AVPOA Open Board Meeting – September 1, 2009

                                               

As soon as the Board Meeting opened, Dave Patton made a motion to end the meeting at 8:30PM. During motion discussion, Kathy Pullins objected to the early ending saying that she believed that they should stay until all old and new business was discussed.  A roll call vote was taken with only Patton, Hollback, and Woggon voting for the early dismissal.

 

Editor’s Note:  This call for an early meeting had obviously been well orchestrated with the Board President. What I am still not sure about is whether there was a great TV show on at 9PM that night or that they were afraid of the new business that was later brought up by Pullins.

 

The minutes for the June Annual Meeting were read and approved by the Board.

 

President’s Report:  The new Board members Bline and Hollback were introduced. Next Pirics said that Board meetings would be held on second Tuesday of the month at the administration building.  Lastly she said that because of the economy there would not be much done in 2010 in capital improvements and that the dredging of the north end of the lake would be our major expense next year.

 

Manager’s Report:First Harmer stated that presently there are thirty nine employees.  Next he reported that the goose hunt had started and that it would mainly get the residential geese. Other updates were that the weed treatment was successful and the weed harvester was used;  work had been done on drainage easements; the pool water remains a constant 83 ½ degrees; Bladensburg water rescue unit for the county used FV pool for recertifying;  FV drapery costs of $4000 will be picked up by one of our clubs; a letter from a nonmember had been received citing lake safety concerns; and he gave a summary of changes made in accordance to concerns of the Audit Committee that were given in the June Annual Meeting.

 

Editor’s Note:  The letter from the non member reporting safety issues on the lake caused questioning by the Board as to whether we should be recognizing and responding to non owners’ concerns and that it would seem more appropriate to have the sponsoring owner of this guest report the concern. No real decision was made other than Harmer would send the non owners’ letter to Lake Committee.  Harmer had tried to justify his position saying that the person writing the letter was listed second on the owners’ deed.

 

Jeff breezed quickly through the Audit Committee’s suggestions and his observations regarding this. The Committee wanted the following changes and in italics is what I think that Jeff said:

 

1.  A “whistle blower” policy should be adopted.  Management is now looking at samples of such.

 

2.  The manager should develop an approved venders’ list. Jeff said that he has approved a vendors list and that he feels that this system is okay.

 

3. Develop policy and procedures manuals for all AV locations and employees.  We do have one.

 

4. Since the bank reconciliation is not reviewed by any one other than management, the committee recommends that the Board Treasurer or a Board member receive the statements at his/her home and review them.  Currently reviewed by accountant Dunnavent and in future Treasurer Bentz will do it.

 

5. Support furthering education for employees.  Further education for Quick Books etc is not needed by present employees.

 

6. Purchase new computer software that would deal with assessment delinquencies and Marina inventory. The software for the upgrade of the computer system to interface with the office will be received by the end of the first week of December or the end of the year.

 

Editor’s Note:  This software has been coming since the first marina audit problems a couple of years ago…..we might as well been told that“it’s in the mail”.

 

Old Business

 

Dredging bid requests will be sent out to contractors.  Any member can give Harmer the name of a contractor and a bid sheet will be sent to him.  Dee Zarbaugh stated that the sealed bids should be opened in front of the whole Board. A motion was made and passed that all returned bids would be opened by the whole Board, reviewed by the whole Board, and the decision regarding the awarding of the contract would be made by the whole Board.  Jeff asked for a subcommittee to help and Hollback and Bline agree to do so.

 

Editor’s Note:  If you know of a contractor that would be interested, submit his name to the office.  This bidding situation is not being advertised so if we are going to have a competitive situation we need more bids.

 

Architectural Variance Committee Chair Dee Zarbaugh had two cases to present.  The first one was a boat house that is too big and needs to be removed or the owner needs to make the building compliant (shorten by two and a half feet or put a footer in).  This boat house was built five years ago at the same time as the house was built. The owner had not included a boathouse when he obtained the building permit.  There was a great deal of discussion but finally when it was put to a vote the only dissenting vote was by Pullins.

 

Editor’s Note: This all happened on Harmer’s and Cea’s watch.  My understanding is that they have been fining this owner all during the variance process.  A mistake/violation was made,but do we prosecute after five years?  Is there no statute of limitation at AV? Are we all at risk and does this give more power to management to persecute owners through selective enforcement? Was this boat house violation“discovered” because of a complaint, selective enforcement, or a need to increase the money raised through fines? Fines were broken out on the financial statements in January 2004.  The budget has now projected an income for 2009 of $1,500 and Harmer has already through July collected $1,588.  Is Harmer busy justifying spending $30,000-40,000 on a compliance officer or is it a situation of once a policeman always a policeman and AV is his jurisdiction?

 

The second variance discussed was a metal roof that was not in compliance and the owner had not gotten a permit for the roof.  The variance was denied.

 

Home Business Enforcement Question was addressed by Woggon, who said that we need to study the issue more and asking that recommendations be brought back to the October Board meeting.

 

Editor’s Note:  It seems that there is an exception to signs on vehicles in the Bylaws which permits employees to drive their employer’s marked truck/cars home. In other words it is okay to advertise someone else’s business, but not your own.  Maybe the way around the whole situation is to hire your neighbor for a nominal amount a month and have him park your business truck in his driveway and presto you are legal: they are an employee, you get the advertising, and your vehicle is readily available.  Or maybe a more logical solution would be to have all cars/trucks with signage park somewhere like the maintenance building or FV parking lot and then there would be no commercial trucks in anyone’s driveway.

 

New Business

 

Harmer presented the Red Cross agreement, which offers the AV Clubhouse, FV, and the Administration building in the event of an emergency.  All liability is on the Red Cross. A motion was made and passed to accept this agreement.

 

The Campgrounds wants to make sure that their electrical system is safe.  Gordon requested that the motion be tabled until a study is done.

 

Pullins brought up the question about vendors having the use of AV facilities after learning that AV legal counsel was given an honorary membership to AV.  She was told that this happened on the spur of the minute and was done without Board action. The Board corrected this mistake by passing a motion granting this honorary membership.  Pullins and Bline were the only two dissenting votes.  Harmer assured the Board that there were no honorary memberships to vendors.

 

Editor’s Note:  The referenced Bylaws in this matter are Bylaw 3.1. Classes of Membership. There shall be the following classes of membership: Voting Member, Member; Associate Member;Honorary Member; and Temporary Member and Bylaw 3.5. Honorary Member. If not otherwise a member, the following may be entitled to Honorary Membership in the Association pursuant to duly adopted resolution by the Board: persons whose services contribute directly to the Association, or who may be adversely affected or inconvenienced because of regulations and/or activities of the Association or its members. The privileges and duties of Honorary Members shall be established from time to time by resolution by the Board, and need not be thes ame as those of Members.  I wonder under the above Bylaws how legal counsel on a $2000 a month retainer qualifies for an honorary membership. 

 

Property Owners’Time

 

Margaret Elliott stated that the County records did nots how that the safety letter writer was on any deed for AV property.  Next she asked if 109 petition signers were wrong since Harmer said that the water was a constant 83 ½ degrees.  Finally she stated that when she went to the pool the lap lane was being used by the water rescue people and was closed to the owners. There was no prior notification given to the owners that the lap lane would be closed.

 

Editor’s Note:  I suggest that the 109 petitioners complain to the office and all Board members each time that the FV pool water is lower than 83 ½ degrees.  In regards to the water rescue squad’s usage of the pool, Jeff has a great sense of community, but he seems to indulge in this without considering the owners.  I am sure that the owners’ would approve of the water rescue squad’s usage, but would expect Harmer to give some advanced notice to the owners by way of the Cider Press or at the very least post a sign on the FV door.

 

Judy Fagert thanked the Board for discussing and reaching decisions during open Board meetings.

 

Editor’s Note:  This is a great new trend and certainly makes the meetings far more interesting.

 

Adjournment

 

Committee Highlights

 

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

 

Same ole same ole with the exception that some investments were made in August and $250,000 in CD’s matured in July.

 

Properties Committee (September 2009)   JudyFagert and Julie Arnold are Co Chairmen and members are Ed Arnold, Bob Blue,Margaret Elliott, Chris Gustafson, Sharon Harper, Sharon Holmes, Vince Marcellino, Lorraine Stanson, Don Ward, Carol Webb, and D.J. Young.

 

New officers were elected.  Vince Marcellino and Sharon Holmes wereelected co-chairmen and Carol Webb remains as secretary.  The committee did an on site inspection of possible solutions for easier access to the beach area.

 

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

 

The main topic for discussion was the safety concerns caused by wake boats.  Wake boats are like ski boats, but have extra ballast tanks and something similar to a rollbar.  The extra ballast gives bigger wakes, which enables the ski boarders to do more tricks.  The downside of the larger wakes is that it can rock and swamp other boats causing injury in the other boats and people being swept overboard.  All boat operators born after 1982 have to have taken a state boat course and should be aware that they are responsible for the consequences of the wakes that they create.   The committee agreed that the first approach to the wake problem was education through the Cider Press.

 

In regards to the non owner’s letter about lake safety issues, the committee discussed the issues, but will not directly respond to the letter.

 

Heard on the Street

 

Dog

 

An owner was walking his dog (on a leash) on the blacktop at Sutton Beach last week around 7PM when he encountered the AV Compliance Office, Randy Miller.  Miller told him that he could not walk the dog at Sutton Beach.  When the owner asked Miller about walking the dog on the blacktop, Miller said 'not even the blacktop'.  Miller informed the owner that the dog could only be walked in the 'designated' Pet Area.  The only ruling here is Bylaw 17.6 Dogs must be contained within an approved enclosure or tethered at all times and not permitted to run loose at any hour,time.

 

Editor’s Note:  It is nice to know that our compliance officer is on the job at 7PM at night, but not nice to know that we are paying him a salary to give him the right to hassle an owner.  Maybe we were all much happier before Harmer started creating his own little police state at AV.

 

Pickle Ball

 

There is a new pickle ball court next to the tennis courts.  In case you do not know what pickle ball is go to here. Someone said that they think that pickle ball is a cross between ping pong and tennis. You probably will need to buy your own equipment and here is one of many websites http://www.pickleballstuff.com/ that will give you an idea of the equipment needed and the cost. 

 

Margaret Elliott, Editor and Publisher

        

Heard on the Street

 

Did you read Phil Bentz’s Treasurer’s Report in the August Cider Press? He is again beating the drums for an Assessment increase.  It is interesting that a select group here at AV keep wanting more money, but refuse to acknowledge that since Harmer came our staff has increase from about 7 or 11people to 32 people.  Why? 

 

In 1992 the average Ohio income was $20,062 and our assessment was $60 per lot, which was 0.3% of our income.  In 2008 the average income was $46,597 and the lot assessment was $189, which was 0.41% and that was a percentage increase of 37%.  Percentage wise we are paying more each year.  Maybe it is time to get a manager who is skilled in keeping costs down.

 

Did you hear that 109 owners signed a petition asking that the temperatures at the indoor pool be returned to their previous warmer temperatures?  It has been said that the reaction of the majority of the Board was “NO” and that Harmer’s reaction was that he would not do it, which seems to be his new management style.  When did it become acceptable for a manager to do what he wants regardless of the owners’ needs?

 

Margaret Elliott, Editor

Committee Highlights

 

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, Marlyn Reaser, Kathy Riley, Nellie Robinson, and Angie Ward.

 

The June minutes were read and approved.  The June Financial Statement was reviewed and approved.  Repairs and Replacement costs have been kept at a minimum.  Elliott asked Sichel whether he had gotten an answer to her question in May about whether the boat repair/washing person is reimbursing the AV for use of the marina space and utilities.  Sichel waited until Harmer was present so that Jeff could answer the question.  Harmer said that this is a case of “one hand helping the other”.  The Marina cannot provide that service so it is advantageous to let the man use our facilities.  Sometimes in return, he will wash a marina boat.  Harmer did not know whether the Association has any liability in this situation and he will check into that.  When questioned further Harmer stated that if there was another situation similar to this, he would grant the same privileges to another AV business entrepreneur.

 

Editor’s Note:  Times are tough and this might be a golden opportunity for an enterprising individual. Maybe someone wants to give private swimming lessons. In return maybe that person could give a free synchronized swimming lesson, or help the guard pickup the locker room, or whatever.  Maybe a mechanic would like to use the maintenance building to work on AV owners’ cars and he could give a free engine tune up to AV….just figure out what you can do that is “one hand helping the other” at one of our common areas.  Does this kind of thinking make sense??? I do not think so, Mr. Harmer. 

 

Properties Committee (July 6, 2009)   Judy Fagert and Julie Arnold are Co Chairmen and members are Ed Arnold, Bob Blue, Margaret Elliott, Chris Gustafson, Sharon Harper, Sharon Holmes, Vince Marcellino, Lorraine Stanson, Don Ward, Carol Webb, and D.J. Young.

 

The July meeting minutes were read and approved.  The Committee was asked by the Chairmen to prioritize the list of wanted repairs and improvements.  There was general agreement by the committee that more picnic table, benches, grills, benches for the common areas plus shade for the outdoor pool was the number one need. Number two was to use the lot across from the Marina that we are renting from the County for the derelict boats that are now being stored at the Marina. 

 

Next choice was a privacy screen in the upstairs Club House bathroom, paint the paneling at Floral Valley, and do something about the erratic air conditioning at the Club House. Number four was adding docks in the cove on the north side of Davis Beach and getting parking area closer to the Beach.  Number 5 was to build a storage area in the upstairs of the Club House for tables and chairs.  It was agreed by the Committee that next month they would meet at Davis Beach to see if there is any other solution to the docking and parking problems at that area.

 

The Committee was informed that they are not permitted to place articles in the Cider Press without Board approval.  The Board rejected the following: 

 

Going Green

Our Apple Valley Properties Committee is looking for ways to make Apple Valley more eco-friendly and be cost effective.  Current suggestions include enquiring into optional curb side recycling services from our current trash removal companies and large receptacles at the beaches and common areas to provide for pre-sorting of aluminum, plastics, and glass from all other reuse.

We want to hear from you.  Please submit your ideas and feedback on these suggestions to jarnold0406@yahoo.com orjitterj@aol.com
mail  357 Baldwin Dr. , Howard, OH  or 77 Grand Valley Court, Howard, OH 43028 or phone 397-7194 or 392-8138

 

The Committee was informed by our Board liaison that there is no leak at Bennett Pond, but rather that the well in the pond cannot provide enough water since the pond has been enlarged.  Good rainfall will help bring the pond level up higher.

 

There was extensive discussion about the dirty beaches.  The problem seems to be that either the beaches are not being cleaned as often with the machinery purchased several years ago or the goose/duck population is increasing.  The Committee was told that the beaches are cleaned every Monday, Wednesday, and Friday. The majority of the members agreed that the weekends are the time of heavy owner usage and that the beaches and beach area need to be cleaned on Saturday and Sunday.  A motion was passed asking the Board to take under consideration ways of controlling this problem.

Editor’s Note:  The following are pictures were taken on Thursday, August 6^th.  This would have been just one day after they were cleaned!!  Something needs to be done! 

           

Davis Beach

King Beach

Sutton Beach  Horse Doo Doo

 

Sutton Beach…..two of the culprits…

Prior to adjourning there was a motion passed moving the Committee meeting time back to 4 PM on the first Monday of each month.

 

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

 

The July minutes were read and approved.  Reports were given on the lake water testing and they were not as good as last month, but still good.  The clarity at the dam was 72” and 40-54” in the rest of the lake.  The dissolve oxygen was 10-11.  The more extensive testing done by Curt Campbell and Bob Neuman was basically normal.

 

The weed problem is less now than last month. 

 

The Fish Club had 43 children signed up for the July tournament, but because of weather rescheduling on 28 children were able to attend.  The Bass Tournament is scheduled for September 19^th.  A Fish Seminar is schedule for January 2010. October 15^th the Fish Club will be having a Casino Trip to The Meadows in Washington, PA.

 

The dredging report was finally received.  The dredging will be from the head of the channel to where it was dredged last time. The side of the channel that has the sewer line will not be dredged.  It was recommended that Little Apple Island be emptied of previously dredged soil until it resembles a soup bowl.  This will probably be done by using a conveyer belt. 

 

Once this is done the newly dredge soil will be put there and it is estimated that it will be able to hold all the new dredgings.  This is a one step move and the soil will drain back into the lake thus there should be no problem with the EPA.  The soil removed from the island will have to be tested before it is moved from the Valley because it has organic soil in it.  The cost of the dredging is estimated in the report at $300,000.  If this is the course that is followed, then the island has to be prepared this Fall and there needs to be bids taken.  A motion was made and passed to accept the study and obtain bids for excavation of 996 feet and to accept the techniques and mechanics of the study.

           

Editor’s Note:  One member, who had spent personal money, to have the Little Apple Island soil tested was very concerned about the study’s projected dredging costs.  As with the soil question, this person had explored what actual costs of dredging should be in these economic times. Although the soil information had been readily accepted and is being instrumental in the dredging decisions, the information and questions about dredging costs seemed to cause tension.  Several of the Committee seemed to feel that discussing costs and bids was best left to the manager.

 

A major problem at AV seems to be that too many Board members, committee people, etc. are unwilling to question or challenge any of Harmer’s actions.  This leaves Harmer free to be unresponsive to owners’ needs, continue frivolous spending (such as hundreds of dollars a month for staff AV clothing and the cleaning costs of this clothing), maintaining secrecy about salaries, not having line item accountability, and etc. Where will his actions eventually take us?  We already are over spending and becoming a divided community.  What is the answer to this problem?

 

Margaret Elliott, Editor and Publisher

        

New AV Board Officers

 

The new Board president is Jackie Pirics, Vice President is Linda Woggon, and Treasurer is Phil Bentz.

 

Question from an AV Property Owner

 

“Are the gasoline pumps at the Marina just for boats or can we get gas there for our cars as employees do and are they paying for the gas and do they get a discount?  Do we give them discounts to keep them as we do for the lifeguards, etc.?”

           

A trip to the Marina yielded this information.  Yes, owners can purchase gas at the Marina pumps as long as there is enough gas.  On July 7, 2009, the supplies were ample. The Marina sells unleaded gas and on that day the price was $2.79(compared to $2.49 at the General Store). If you were low on gas, planning on boating and short on time then this is a nice service/convenience being provided by the Marina.

 

The only way to possibly detect discounts would be to examine the Marina books.  Right now the only ones privy to line item accounting are the Marina manager, John Yaussey, and Harmer. One would think that the AV accountant, Dave Dunnavent,  might have access to line item info, but he probably does not because he had no knowledge of whether the Marina got any income from the person using our facilities and utilities for his boat cleaning business.  A Board of Directors would usually have access to this type information, but that is not the way that it works at AV.  So this is a long way around to say to you, “Darned if I know!!!!” 

 

Margaret Elliott, Editor

 

Committee Highlights

 

Property Committee (July6, 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, Lorraine Stanson, Don Ward, Carol Webb, and D.J. Young.

 

The June meeting minutes were read and approved.  The Committee’s 2008 requests list, which was presented to the Board last year, was reviewed. Two out of the ten listed items had been done.  The first was the jetty at Davis Beach and the second was the new sign at the Marina entrance.  Among those not completed were additional picnic tables at the common areas, a lower parking lot at Davis Beach with a road to the beach area, and shade canopies and more chairs at the outdoor pool.  The committee agreed that some of the ten need to be resubmitted for next year.

 

Editor’s Note:  Harmer has always seemed opposed to providing shade for the owners at the outdoor pool so imagine how surprised I was to see that he has purchased umbrellas for the life guards.  This is just another example showing that the owners do not rate very high with the manager.

 

Next there was a discussion of whether the repairs and maintenance concerns noted during the inspections should be given to Harmer or whether special request forms should be filled out.  The consensus opinion was to first submit them to Harmer and see what get fixed before doing special requests to the Board.

 

Discussion related to the need for the Marina trash cans to either be replaced or repainted led the group into a discussion of being more “green” conscious in our common areas and perhaps having separate barrels for pop cans, plastic,etc.  Vince Marcellino will submit an article regarding this subject to the Cider Press.

 

After discussions about the possibility of more docks in the Davis Beach Cove and a designated dog area at Bennett Park, the meeting was adjourned.

             

Lake Committee (July6, 2009)   Bob Neumann is Chairman and members are Bob Blue, Curt Campbell, Maurice Cea, Margaret Elliott, Judy Fagert, Bill Gordon, Carl Holmes, Roy Landskroner, BobMcLaughlin, Sally Slonaker, and Carol Webb.

 

Under Old business the committee was told that the clarity test this month showed 107 in the middle of the Lake,which was very good, and that all of the other test scores were also good.  Weed treatment has been done on one hundred and fifty docks and on all of the beaches this month by Fast Eddies.  The pond weed is still being seen on boaters’ fish finders.  The buoys are being checked by maintenance staff once a week to make sure that they are still in the spots approved by ODNR.  While discussing dredging it was stated that just the channel at the north end of the lake will be dredged and it will be dredged to 6’ or bedrock, whichever comes first.  It will go no deeper than the depth of the original channel.

 

Under new business, Carol Webb gave a report on what could be done with the soil that is removed during dredging.   A lab report showed that the dredged soil is usable after it dries out for a year or two. 

 

There was discussion about moving the Davis Beach docks into the cove and then the meeting was adjourned.

 

Editor’s Note:   Harmer had still not gotten his act together with the key cards at the Clubhouse. This committee was locked out and had to meet at a picnic table beside the Clubhouse.

 

Legal Update

 

Because the AVPOA board still refuses to provide Plaintiffs with a copy of AVPOA employee job descriptions, a copy of Jeff Harmer’s contract, loan information, and financial information requested by director Kathy Pullins, a trial on this matter has been schedule for September 29, 2009.  Unfortunately, an expensive trial was not necessary. 

In fact, Plaintiffs’ attorney informed us that the visiting judge specifically stated that the parties should settle this issue.  However, the AVPOA board refuses, so far, to settle these issues and release this information.

Editor's Note: Once again the AV Board and/or their attorneys have refused to settle this legal case through mediation and instead are spending money on this lawsuit that could be better used purchasing pool umbrellas and pool funiture,a parking lot and access road at Davis Beach, etc,etc, etc....  What are they hiding....a $250,000 loan?  I guess that its easy to continue lawsuits when it is not money coming out of your own pocket. However, it is money coming out of Pullins, Fagert, and Elliott's pocket and all they have to gain is the betterment of Apple Valley!!!!!

Margaret Elliott, Editor and Publisher

        

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