Multiple lot ownership, complicated by lots owners registered under multiple names, introduced some confusion into vote counting procedures for last Spring's Seven Lakes Landowners Association [SLLA] elections.
During their Monday, October 10 Work Session, the SLLA Board of Directors reviewed a set of election recommendations developed by Election Committee veterans Ray Pardue and Brenda Massimo.
The proposed revisions included clarifications on the definition of a member, an affiliate member, and a resident, as well as how a quorum is determined for the annual meeting. Some would require changes to the By-laws.
In addition, Pardue proposed standard operating procedures that spell out the function, composition, and responsibilities of the Vote Counting Committee [currently known as the Election Committee], as well as how office staff will maintain ballot boxes during the voting period.
Pardue cautioned the Board that the proposed draft language for "affiliate members" was a major change from its historical application, which included the residents of Seven Lakes West, when the two Associations had closer financial ties and shared both amenities and administrative staff.
Multiple lot owners
Another fine point that generated a lengthy discussion, but ended without a resolution was a concern over multiple lots owned by a business. Unlike the West Side, which has a one-lot-one-vote policy, the SLLA allows only one vote per owner. That is, the owner of a single lot has one vote; and, likewise, the owner of ten lots still has only one vote.
Director Bob Racine explained that, technically, each corporation is considered a legal entity. Citing examples of confusion caused in the past because some local companies own multiple lots under slightly differing names, Darr noted that the current policy can be very difficult to police.
Pardue said the language he proposed would limit any owner to a single vote, and suggested the problem may not be that some owners intentionally use multiple corporate names, but rather that the SLLA member database has, over the years, accumulated a variety of names for the same company.
“The problem is not with owners, the problem is with the database," Pardue argued. "If you rectify the database, then wording of the By-laws is not the problem.”
Community Manager Alina Cochran said, in her opinion, a resident owner naturally has the right to vote, and, if a second lot is owned by that resident under a business name, a second vote should be allowed.
With the Board at a standstill after thirty minutes of back and forth discussion, Director Bud Shaver said he was pleased to see the concern brought forward and suggested tabling the proposal while Cochran develops alternative recommendations.
“She understands the problem, and she is the one who has to deal with it,” said Shaver.
More election options
Another issue discussed but now resolved, was the makeup of the Vote Counting Committee. Historically, the committee is composed of five Association members appointed by the Board.
During Monday's Work Session and in earlier meetings, Director Shaver recommended that the Judicial Committee, which is also composed of appointed members, would provide an efficient and consistent group each year to count the ballots — and would also reduce any possibility of political bias.
Other election concerns included a discussion of an addition to the annual dues packet of a colored return envelope exclusively for ballots.
The Board successfully reached consensus on two additional changes which will be called for a motion during an upcoming Open Meeting. First, in the event of a tie for the last open seat on the Board, the newly-seated Board will cast secret ballots to break the tie. Second, the annual meeting quorum requirement will be satisfied when ballots are cast by least at ten percent of the members in good standing entitled to vote.
Road engineering contract
S&ME, the engineering firm responsible for SLLA dams, was among the firms that recently submitted proposals to perform paving and road engineering services for the Association. Based on discussion during Monday's Work Session, the Board appears ready to award the road contract to the firm when the matter is voted up on in the November Open Meeting.
“S&ME was the first choice of contracts for three Directors and were included in the top three firms as listed by each member of the Board,” Darr said. “Most of the input I received was that all of the [paving] presentations were about the same. With S&ME there was a comfort level as to what they could also do [in the future] over and above the original request.”
Summarizing the work contract, Shaver said S&ME will provide comprehensive information detailing conditions at and recommendations for each road in the community.
“They will tell us what needs to be done, the length and square yards of asphalt, and whether it needs a surface treatment or total repaving,” said Shaver.
Toe Drain at Sequoia Dam
S&ME will be submitting plans to the State of North Carolina for a long recommended repair to install a toe drain at Sequoia Dam.
While the work is included in the current year’s budget, Lakes & Dams Committee member George Temple asked whether the work should be delayed while costs are tallied for anticipated Echo Dam repairs.
Fentzlaff responded that repair work at Echo Dam had recently been downgraded in priority and recommended the budgeted repair at Sequoia should proceed.
Treasurer Conrad Meyer said Temple had raised a good question and suggested the Board revisit the topic before signing off final approval on the repair contract.
“Maybe we can afford both projects; but perhaps we should ask S&ME which one should have priority," Temple said. "If we had to pick and choose, which one would they recommend we repair first?”
Meyer also asked Cochran to pursue adding a workmanship warranty to any project contracts.
Security services
Looking for “the best bang for our buck” in security services, SLLA President Darr said a new request for proposals is under development.
“We will allow our present security contractor, SFI, to bid, Darr said, "and they have indicated to us they are looking at it and will be coming back with a revised contract as it relates to cost. I also informed them that we are looking at competitive bids.”
Shaver recommended adding a proposal requirement that any Boat Patrol officers must be licensed or certified operators.
In addition, Meyer asked that bids should also include the option of having the security contractor provide their own vehicle and fuel for Roving Patrol.
“I would be curious to see how they determine those costs," explained Meyer. "I think it would be a good idea to have them quote it as an option.”
Shaver quickly noted that one benefit to using an in-house vehicle and fuel was that it was easier to track security activities.
“If they use their own vehicle and gas, we don’t know what they are doing,” he cautioned.
Darr suggested that GPS devices could be installed in vehicles for as little as $20 per month. George Temple recommended such devices should also be installed for Boat Patrol.
Dona Stephan questioned whether recent street name changes approved at the county level — which primarily correct misspellings and other minor revisions — would affect GPS systems. Director Lowe said existing systems should be updated to reflect those changes accurately.
ARB forms
At least half of all requests received by the Architectural Review Board [ARB] are returned to the homeowners due to insufficient information, reported SLLA Vice President Don Fentzlaff.
To expedite and streamline the process, he presented a requirement sheet to be distributed with applications that includes a list of specific supporting materials necessary for each type of project.
“Our biggest problem is people submitting their applications without enough information,” said Fentzlaff. “All the information listed is based on existing ARB requirements. We are just trying to make it easier and more efficient for the homeowner to put together their submission packet.”
Director Racine complimented the recommended changes and said it would eliminate confusion.
Director Bruce Keyser, Jr. asked whether the office would vet the packet prior to ARB review. Fentzlaff replied that it was the homeowners responsibility to ensure all materials were included. If not, the request would be postponed until the ARB reconvened at a later date.
Creating more of a work session Work Session
The Board conducted business during Monday's Work Session seated in a new configuration aimed at encouraging roundtable discussion among member.
“The purpose of the work session is to discuss issues; but, I’ve found, they have evolved into just another Open Meeting," said SLLA President Bob Darr. This is the place for us to determine where we’re at, where we’re going, and if we need more work on an issue.”
Taking responsibility for the lack of timely publication of meeting agendas, Darr tasked the Board with submitting all information and agenda items at least one week prior to any future meetings or work sessions. That will allow staff to distribute a comprehensive packet for Board review and also post information for residents at least several days in advance.
“I believe this will take care of the problem of Directors not having sufficient time to review the packet," explained Darr, "and will also allow time for residents to be made aware of issues coming up for discussion."
SLLA Disaster Guide
Originally drafted in 2000 after a major snowfall, the SLLA Disaster Guide was a ten-page document provided to residents and newcomers with detailed information on storm preparedness and evacuation planning.
Northsider Joan Cook recalled that the plan was developed by former SLLA Director Sally Kindsvatter and other volunteers, and included provisions for block captains throughout the community.
Director Shaver recommended the Disaster Plan, which is no longer up-to-date, should be reviewed by Cochran and then brought back to the Board for further discussion and revision.
Southsider Donna Stephan suggested that emergency evacuation signs should be installed in the community, particularly during the Fourth of July holiday weekend.
Other business
In other business on Monday, October 10, the SLLA Board:
• Heard a brief update on vandalism concerns, with Darr reporting that security cameras have been installed and are operational at several locations.
• Received a draft copy of a travel policy and one-page expense and mileage reimbursement form recommended by the Finance Committee.
• Heard a concern from Donna Stephan that she was the only Seven Lakes South resident in attendance at the meeting. Darr noted that he was also disappointed in the lack of participation and said the Nominating Committee was actively looking to recruit Southside candidates.