Annual Meeting
October 23, 2012

*Due to the fact that only 22 households are represented (and one left before voting), all issues voted on will need to receive additional votes by ballot to complete the business.  Homeowners not in attendance are receiving a ballot included with these Minutes in which to vote.  (This will be done via e-mail or regular mail if an e-mail is not available.)

Called to order at 7:00 p.m. in the conference room at the First National Bank on Challis Road, Brighton.  Present:  Board members - Trish Petrat, Don Merckling, & Sara Thomas.  Members – Jennifer & Mark Auty, Zenon Czornij, Steve Essenmacher, Bruce & Sandra Everett, Michele Ford, Ann Goldon, Renee & Michael Green, Dan Kashian, Kristin & Rich King, Rebecca Krug,  Darlene & Bill Lapham, Bud Longfellow, Carl & Jeanette Mauch, Judy Merckling, Ken Moilanen, Hal Perlman, Bob Reske, Dennis Smith, Michelle VanCleve Bernie Wilke (left before voting), & Rick Zahler.

Welcome:  Trish welcomed everyone in attendance.  Pizza and pop available for members.

Financial statement:  Sara gave a summary of the financial statement. Motion made by Hal Perlman; seconded by Don Merckling to approve the financial statement.  Motion passed.

2011 Minutes:  General discussion about 2011 minutes that had been sent to members last fall.  No specific comments.

Dues:  Payable in the amount of $30 to “MVIA” and due by November 23, 2012. Please contact Sara by clicking here to send her an e-mail if you need additional information.

Revisit Natural Area Signage:  Dan Kashian expressed concern about the posting of signs along his property boundary (Lot 1, 6385 Grand Circle), and that it would be obtrusive. He felt that he could install re-rod in various points along the boundary and that that would be adequate; Bud Longfellow thinks the signs are useless and doesn’t want to look at them; Michele VanCleve concerned about what it would look like and that if there were any tree issues impacting a resident from the park area that MVIA should take care of it; Hal Perlman supported the signage since he is concerned about hunters but that no one wants obtrusive signs; Trish stated that there is currently some yard waste dumping from the landowners along Challis whose property is adjacent to the larger park. Said she may talk to them at some point. The question was posed to Trish whether there had been any issues with the parks to date and Trish stated that a tree had been cut down in the small park that was close to the boundary line but definitely within the park.  (MVIA does have photographs for verification.) MVIA did not receive timely notification by the homeowner regarding possible concerns with the tree and the need to cut it down (as opposed to just trim it); Judy Merckling is concerned about liability to the MVIA corporation if someone gets hurt. The posting of signs helps define that the area is protected and owned by MVIA. Trish stated that maybe buying smaller signs of a different color would be better. 

Discussion put forward to form a committee:  Bud Longfellow motioned; Don Merckling seconded to form a committee of the following volunteers:  Dan Kashian, Zenon Czornij, Bud Longfellow, Darlene Lapham, Bruce Everett, and Michele VanCleve to meet and talk about the color, size, and location of signs and includes the expenditure of up to another $200 (on top of the $200 allocated last year) since certain colors and sizes are more expensive. 20 voted “yes”; 1 voted “no”.  Motion passed. Sara will email recent survey to committee along with the Voss Sign company website.

For reference, the following is the text from the 2011 minutes regarding the discussion and motion passed concerning the signs: Natural area signage:  Sara presented information about possible boundary signs (see attached) to be posted along the property boundaries of the two park areas.  Sara proposed to purchase the minimum required (25) along with U-posts and hardware.  Not all 25 would be used immediately - possibly just 15 to start.  The balance would be available as replacements.  After discussion, the following motion was made:  Don Merckling motioned; seconded by Cindy Perlman to allocate up to $200 to purchase 25 of the 5 5/8 x 5 5/8 yellow metal boundary signs that say “Property Boundary - No Trespassing” at .99 cents each, $10.00 shipping, as well as the appropriate number of fence posts and hardware.  Motion passed.

Bylaws and Deed Restrictions discussion: 

Darlene Lapham stated that the Bylaws and Deed Restrictions were written back in 1972 and are old and in need of review for updating. 

Bud Longfellow was very angry about the letter (from September 19, 2012) sent out by the Board informing the neighborhood that from now on, when a boat, trailer, camper, motor home, etc., is going to be brought back to someone’s home, that they would need to notify the ACC. He says that he brings home boats occasionally overnight for the job he has delivering them and thinks it would be burdensome to have to constantly tell the ACC. (Historical note:  This decision was made after repeated violations that were not cured.  The language requesting ACC notification is already outlined in the Deed Restrictions; the Board had been allowing a more informal approach and only notified people if something was stored longer than a week or if repeatedly being parked even after several notifications.) 

Trish stated that the Board sought an opinion from the MVIA attorney on this matter and the letter was in proper standing of Board authority. 

Michele VanCleve stated that her driveway is such that it won’t allow a trailer to be backed up in to it and so has to park their trailer along the road edge. 

Judy Merckling and Carl Mauch both stated that the Deed Restrictions exist for the important reason of protecting property values and that everyone moves in to the neighborhood knowing (or should have known) about the existence of these Restrictions. 

Jennifer Auty was very upset by a violation letter received about their boat since her husband, Mark, had had a stroke recently and she was not concerned about a boat being parked in her driveway at that point.  She said that they are now storing their boat at their neighbor’s home who is not part of the subdivision.  (Note: these homes are located on Challis Road.)

Bruce Everett stated that he likes the restrictions.

Bob Reske thinks there is a middle ground on this.

Sara confirmed she appreciates the rules as well and moved here because of them.  Stated that everyone should take personal responsibility for having possessions that may need to be put in storage and should not put the burden on the association to accommodate the dilemma.

Don stated that he likes the restrictions.

Jennifer Auty feels there should be better communication.  Maybe the Board should call people instead of sending letters.

Trish said communication goes both ways and that it is not the job of the Board to constantly be pursuing people especially once they’ve been notified of a violation.  She referenced the fact that the Board and

ACC are tired of policing constantly, especially when it tends to be the same people. Is it really the Board’s responsibility to have to keep after people constantly when they should know the Restrictions and be responsible for being in compliance? 

Darlene Lapham noted the fact that even though they kept a camper somewhat hidden in their driveway, that none of her neighbors complained. She feels a committee should be formed to review the Bylaws and Deed Restrictions. 

Rebecca Krug agrees that a committee should be formed.

Trish informed everyone that the attorney stated that whoever is interested in forming the committee needs to have a petition recommending the formation of it and for getting the signatures of 23 homes supporting it. Once that is done, it can be brought back to the Board.

Discussion on general neighborhood atmosphere: 

Sandra Everett stated that when they moved in when the neighborhood was being built, people knew each other and interacted more because it was smaller.

Jennifer Auty said that she was told that there was not an association at the time they moved in several years ago.   She stated later, however, that the president of the association at the time they moved in did come to their home to talk about their fence and that he was, in fact, in the room that night.

Sara stated that it is the responsibility of each homeowner to understand the details when buying a home.  Title companies always show any restrictions, etc. and list them in the title commitment.  Information from the real estate agent is not necessarily accurate and the buyer needs to confirm the details.

Rebecca Krug got a letter shortly after she moved in a few years ago regarding the condition of her landscaping and felt the neighborhood was “cold” at that point.

Michele VanCleve agreed that she feels the neighborhood is “cold” and uninviting.

Trish Petrat asked the members at large to reflect on what each of us has done to actually help the atmosphere of the neighborhood to make it better.

Dan Kashian stated that neighbors should try to work together on any issues before contacting the association with complaints.  

Nominations for new board members:  No new nominations were made. Motion made by Sandra Everett; seconded by Rebecca Krug to keep current board. 17 voted “yes”; 1 voted “no”; 3 abstentions. Motion passed. (Bernie Wilke left early.)

Trash dumpster:  Discussion around possibly securing a dumpster for misc. waste in the Spring for when people are cleaning out basements, garages, etc.  Renee Green said she would get a quote.  (A few days after the meeting, Renee provided the following:  Duncan Disposal would provide (at a $25 discount) one of the following sizes of trash container:  10 yds - $270; 20 yds - $320; 30 yds - $370.  This price is for 7 days, includes delivery and pick-up, and has to be either all yard waste or regular trash waste but the two cannot be combined.  Every day beyond the 7 is an additional $25.  They will need a 2 to 3 week notice ahead of time.  Sara has the contact information.

6477 Challis Road:  Trish Petrat informed the members about how the association had to have the lawn cut when the home was bank owned.  We did get reimbursed for the expenditure.  Home has sold and is now being renovated.  Once the owner moves in, Sara will send them the Bylaws and Deed Restrictions.


Dennis Smith inquired as to who owns the pond off of Grand Circle.  It was confirmed that the neighborhood does not.  It is owned by the owners of the larger parcel to the north of the neighborhood.

Bud Longfellow stated that a tree in the small park was currently damaged. Also noted with dismay about how the Road Commission has cut back the trees along Grand Circle and that his wife had really liked the “tunnel of trees” there when they first moved in many years ago. (Others agreed about how they had also liked the “tunnel”.)

Adjournment - Motion made by Don Merckling; seconded by Rebecca Krug to adjourn the meeting at 8:40 p.m.  Motion passed.

Submitted by:
Sara E. Thomas
Mountain View Improvement Association



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