Westside lots used exclusively for septic fields will not get a break on their annual dues, based on a unanimous vote of the Seven Lakes West Landowners Association [SLWLA] Board of Directors during their Tuesday, August 10 Work Session.
Judy Streit, a former member of the SLWLA Board, told the Board that she and her husband Phil Streit (a former SLWLA President) had written to President Ron Shepard in January on the subject of septic lot dues. Hearing no response, they wrote again in March and had, as of August 10, had no reply -- or even acknowledgement that the letters had been received. Shepard apologized to the delay, noting that he didn't recall receiving the Streit's letter.
Mrs. Streit's comments sparked a discussion of septic lots late in Tuesday's meeting that led to a motion by Adam Wimberly that septic lots not be treated differently than other undeveloped lots for the payment of dues. The motion won support from the full Board.
Some owners of second lots used exclusively for septic fields have asked that the Association either reduce or waive the payment of dues on those lots, because they do not generate extra demand on or expense for infrastructure or amenities. Wimberly noted that the Association allows the combination of adjacent lots, after which the owner pays dues only on the one combined lot. Some septic lot owners have suggested their situation is similar, he said, but added that Moore County would likely not allow the combination of non-contiguous lots in order to achieve a reduction in property taxes. "They would still have to pay the taxes on the septic lot," he said.
Wimberly said he would prefer not to allow the recombination of adjacent lots for the purpose of reducing dues, since it permanently eliminates a source of Association revenue. Director John Goodman said the community benefits from more open space when lots are combined to create larger lots.
"But everyone else in the Association picks up the for that," Wimberly said.
Legal Director Ed Silberhorn noted that, by allowing non-adjacent septic lots, the Association permits septic lines to be placed in its right-of-way, which involves some liability for the Association — which may not even have good information on where all those lines are placed.
Wimberly agreed, noting that the Architectural Review Committee requires builders to submit plans for the lines that carry waste to septic lots, but does not require the submission of "as-built" plans once the work is complete.
"We've talked about putting together a whole subcommittee on this," he said. "This is the flea on the dog's tail in terms of all the septic issues and nuances and things that go on in this community."
Community Manager Joan Frost said she knew of at least two lots -- currently identified as developer lots -- that have five septic systems on them. "Eventually when the developer no longer has developer lots, who is going to pay the dues on those lots?"
Calling attention to a bright spot among the septic issues, Silberhorn said the mandatory septic management program aimed at protecting water quality in Lake Auman "is a huge success." He said "people are cooperating left and right," the approved inspectors are "swamped" with work, and they report that "situation has never been better."
Budget input sessions scheduled
Treasurer Joe Sikes reported that he had scheduled two public input sessions on the Fiscal Year 2011-2012 budget, one for Saturday, August 14, 9:00 am - 11:00 am and the other for Tuesday, August 17, 7:00 pm - 9:00 pm. Those meeting are open to "anyone who wants to come in and say what the budget ought to focus on," Sikes said.
Accelerate Mortgage Payoff?
Sikes said he had received a suggestion -- apparently from former Treasurer Kathy Kirst -- that one hundred percent of the Westside Park dues collected by the Association be applied to paying off the mortgage on West Wide Park. $100 of the total dues bill paid by each Westside member is allocated to West Side Park, generating a total of approximately $172,000 per year. Principle and interest on the Community Center mortgage amount of $105,000 annually.
Sikes at first indicated he would simply implement that recommendation, which he said would result in paying off the mortgage in something less than six years. "Why that hasn't been done in the past, I'm not sure," he added.
That prompted a suggestion from Silberhorn that the Board should understand why the entire $100 hadn't been applied to the mortgage in years past, before changing the policy. He said he understood that the portion not used on mortgage payments had been used for maintenance of the Community Center.
President Ron Shepard said the Board had voted last year to apply an additional $50,000 to the mortgage. Director John Hoffmann said "There has been an evolving rational on the way it was to be paid off," suggesting that the Board may have been cautious because of its inability, under the North Carolina Planned Community Act, to pledge any assets to secure debt. Before revising the current payment schedule, Hoffmann said, "the Board should review why we have been doing this."
Director Goodman added that a number of significant capital projects are on the Association's agenda. "We have an requirement to maintain our infrastructure," Goodman said. "We are going to have to build a new entry, because we are required by our agreement with the developer to take out the existing entry. We need to address the mail delivery system. I would like to think we have the ability to do all of that without any special assessments."
Goodman said the Board should address its strategy for paying off the Community Center mortgage in the context of "balancing all those needs."
Sikes said he would contact Kirst and discuss the history of the Association's strategy regarding mortgage payoff and then bring a recommendation back to the Board.
Against reopening the dam road
Jim Ballew spoke during the Public Comment period of the meeting to encourage the Board not to reopen Lake Auman Dam to traffic -- including emergency vehicles. Ballew said that the Board, despite its best efforts, had been unable to prevent speeding in the community and would have no better success controlling speeding or preventing truck traffic over the dam, should it be reopened.
He added that the growing population of the West Side -- and the fact that the percentage of younger families is on the rise -- would likely make speeding more of an issue than in the past. He told the Board it was not worth the risk of damaging the dam to allow any traffic heavier than golf carts and bicycles.
Noting that Ray MacKay had explored the possibility of connecting the two halves of the community by constructing a roadway somewhere below the dam, Ballew suggested that might be a more cost-effective means of facilitating access by emergency vehicles than rebuilding the dam road.
Design sought for pond dam remediation
Infrastructure Director Goodman reported that dam engineer Dr. Dan Marks inspected the lower Lake Way Mall pond dam and outflow during a recent visit and is preparing a quote for the design of modifications that will replace a corroded outflow pipe, address erosion on the face of the dam, and provide for widening the top of the dam in order to add a guardrail and pedestrian walkway. Once the design is in-hand, construction bids can be let; the actual work will likely be done in October.
"The good news is that we don't have to rip up the road" to make the repairs, Goodman said. He noted that money is set aside in the current year budget for the work.
Work is underway to repair and reseed some road shoulders where erosion had become a problem, Goodman reported, including one at Dennis Circle where a longstanding problem is being exacerbated by young people using the eroded area for bicycle stunts.
"We will have to send a letter to all the families," he added, noting that the repairs would likely cost $2,500. "If they trash it with bikes again we will have to charge them."
Other projects in the works include some pavement delamination on Longleaf Drive, repairs to correct a drainage issue, and the installation of fire hydrants.
Lack of Lake Patrol Volunteers
Director Herdrich said he had received a letter from the Lake Auman Sports Club expressing concern that lake rules are not being followed and suggesting that the Board tighten up the rules.
The real problem, he said, is that the Lake Patrol doesn't have as many volunteers as last year, leading to a lack over coverage on some weekends. "It's not a lack of enforcement, but a lack of reporting," Herdrich said, noting that only ten violations have been reported by the Lake Patrol this year -- about a quarter of the usual number.
He said the Seven Lakes Landowners Association [SLLA] employs a security staffer to use an Association-owned boat to patrol on the weekends, adding that it would cost an estimated $3,000 for hired weekend patrols on Lake Auman during the Summer boating season.
Responding to a input from a landowner offered during the Public Comment segment of the Board's July 27 Work Session, Herdrich asked for and received Board authorization to change the fine for late boat registration from $25 per boat to $25 per landowner.
Herdrich said he and Director Hoffmann had met with representatives of West End Fire and Rescue [WEFR] and are working on a plan to provide emergency responders access across Lake Auman Dam.
"We're researching the options, at this point," Hoffmann explained, noting that any plan will include input from WEFR, Seven Lakes Volunteer Fire Department, and Seven Lakes EMS.
No speed up of incorporation study
The timeline for the Westside Board's study of incorporation sits uneasily with the need for any incorporation petition to be submitted in November to the Joint Legislative Commission on Municipal Incorporation. The SLWLA's study timeline envisions interim reports being issued in September, with the final reports unveiled in a public meeting in late November.
Legal Director Silberhorn asked his fellow directors during Tuesday's Work Session whether they were inclined to speed up the Board's study of incorporation; there was little inclination to move things along at a quicker pace.
"We all have these other responsibilities," Director Goodman, who initially proposed the study, said. "And incorporation is such a serious issue -- more serious than any of this. I feel like . . . to gather these facts and evaluate takes a little bit of time."
"If I am going to make a significant decision . . I don't speed it up because of the date of the calendar," Director Hoffmann agreed.
Silberhorm pointed out that neither of the groups supporting incorporation came to the Westside Board with their proposals before moving forward, leaving the directors "in catch-up mode" as they try to inform their members of the implications of incorporation for Seven Lakes West. "They chose to launch this campaign without our prior knowledge."
"So we will leave the schedule the way it is," President Shepard said.
Also on the incorporation front, Silberhorn said that the Association's outside counsel had confirmed that the incorporation petition of IncorporateSevenLakes.com, "given the material changes they have made to it over the months . . . is subject to legal challenge . . . should we choose to do anything about it." The material changes in question are apparently the group's decision to abandon fire protection as one of the services the Town of Seven Lakes would provide. Further discussion of that matter was scheduled for executive session.
Use of Executive Session Clarified
Silberhorn noted that the Board is "drifting a little bit" in its use of executive session. He reminded his fellow directors that executive session should be limited to personnel matters, legal matters, and "issues of great moment that affect our community vis-a-vis another outside community."
"Other than that, we would be best served . . . by remaining transparent like this Board has tried to do and not inadvertently drift sometimes into handling things in executive session that we could better deal with in the light of day."
"I agree with that," Director Sikes said. "One of the problems of doing things in executive session is that you don't come out with a record of what happened."
Westsiders Still Speeding; New Bus Stops
Director Hoffmann reported that Neighborhood Watch had conducted another survey of Westside vehicle speeds using a radar gun. The results were nearly identical to a survey done several months ago: seventy percent of all vehicles travel five to ten miles over the posted speed limit, and another fifteen percent travel ten-to-fifteen miles over the limit.
"That is the state of affairs on our roads," Hoffmann said, noting that he planned to ramp up enforcement of speed limits, using Sheriff's deputies, as the school year gets underway.
The new school year will bring a new set of school bus stops to Seven Lakes West, Hoffmann said. In prior years, the bus stopped only at the Community Center and the back gate, but, at the request of parents and after a study of traffic patterns and student locations, Moore County Schools will now have its buses make additional stops at the corner of Fox Den Drive and Longleaf Drive, the corner of Morris Drive and James Drive, and the corner of Morganwood Drive and Rock Creek Way.
Hoffmann reported that the Association will be awarding the contract for maintenance of its security equipment to another company -- the same company that services security equipment for the SLLA. The move includes a switch from a pay-as-you-go arrangement to an annual contract at a cost of roughly sixty percent of last year's expenditures.
Community Relations
Secretary Karen Milligan reported that the name of the Communications Committee had been changed to "Community Relations." She asked for and received Board approval of Nelda Cockman and Mike Shapiro as members of that committee.
Milligan said the group is working on a Mission Statement to present to the Board for approval. Among the elements discussed were that the committee needs to provide communications from the perspective of the Board, that is should promote a positive community awareness, and that it will write drafts, which must be reviewed by the Board before becoming final copy.
Director Hoffmann suggested the committee write an article on how the North Carolina Planned Community Act affects Seven Lakes West and makes it different from some other nearby communities. When Director Sikes suggested any such summary might need to be vetted by the Association's attorney, Director Silberhorn suggested using an already-vetted white paper on the subject prepared by CAS, Inc.
Community Activities
Director Sessler reported that the August 6 First Friday Conert at Johnson Point was well attended; the season's final concert is scheduled for September 3. The Community Activities Committee is working on its fall calendar, which is expected to include Art, Yoga, and Tai Chi Classes, as well as the possibility of Shag and Line Dancing classes and a Bridge class.
Sessler said the Committee hopes to involve more parents from the community in the the planning of events for children.
Other Business
In other business during the SLWLA Board's Tuesday, August 10 Work Session:
• President Shepard announced that the Greater Seven Lakes Community Council would hold its first one-on-one meeting with the Moore County Board of Commissioners on Thursday, August 26 at 5:00 pm in the Great Room of the West Side Park Community Center. He encouraged Board members and SLWLA Committees to submit any questions they had for the Commissioners so they could be added to the agenda for the meeting.
• The Board agreed to an one-time exception to its policy of not replacing lost pool access cards. The member whose card is to be replaced will have to sign an affidavit affirming that the original card was lost.
• Directors approved allowing a part-year resident to exchange in his old gate entry transponder for a barcode.
• A proposed half-lot recombination at 5350 and 5351 was tabled until the Community Manager has an opportunity to review the submitted paperwork for completeness.
• Director Wimberly said the Architectural Review Committee had begin publishing a list of on-going projects in the community and had also begun a series of articles in the Westside newsletter.
• The meeting packet provided to Board members included a several page report detailing on-going compliance enforcement issues, prepared by CAS staff.
• Director Herdrich asked whether anything could be done about the collection of used cars and boats for sale near the front gate, and Director Hoffmann suggested the SLWLA explore, perhaps in conjunction with other civic groups, attempting to enhance the appearance of that area with the addition of some pinestraw.
