Goldenwood Property Owners Association
Annual Meeting Minutes
June 21, 2003
The GPOA Annual Meeting originally scheduled for June 10, 2003
occurred instead on June 21, 2003 due to the circumstance of not having a
quorum at the first meeting. The meeting was called to order at 7:15PM by Rob
Baxter, President, who introduced the officers. A quorum was met by the 45
members present in person and by proxy as specified in the Bylaws.
Secretary, Bonnie Tull, read the minutes from the previous yearÕs meeting.
Motion was made to accept the minutes as read, seconded, and passed. The
question was asked if each member would get a copy of the minutes, and the
answer was that copies of the minutes are not mailed to each member. Instead,
they are posted at the mail station and on the web site at Goldenwood.org.
Treasurer, Jennifer Whitney, then read the TreasurerÕs report stating previous
yearÕs balance of $54,471.96, total receipts of $15,374.78, expenses of
$17,426.03 leaving a balance of $52,420.71 cash in bank with a $10,000
certificate of deposit. Motion to accept the TreasurerÕs report as read
was made, seconded, and passed.
Old Business and Committee Reports:
Andrew Backus, Vice President and APC member, reported that the mail
station make over work was almost complete.
This included new roofing and stain for the mail station, new fencing, ribbon
curbing, and partial asphalting for edge fill. The cost of a complete new
asphalt topcoat would be $2,100. Kevin Griffin, Board Member (and paving
contractor), stated that a 1" overlay was needed to make the pavement
last, the price quoted was a good one, and that the work done so far was as
specified.
Motion was made to authorize up to $2500 for the same contractor to
do a second complete coating of asphalt.
The motion was seconded and passed. Kevin advised that the asphalt mix
should be type D, as the type used looked like type C. Andrew stated that
the type used was supposed to have been type D.
A suggestion was made to paint the mail station door, and Andrew acceded that the job could be done, if
we are able to arrange it with the mail carrier, who keeps the key, and if
Postal regulations will allow it.
Rob revisited the driveway apron issue reminding the members that it
had been voted the previous year to bring all driveways up to specification. To date only a few have been done
voluntarily by individual owners. Question was asked as to what the vote count
had been, Bonnie reported that there was not a specific vote count in the
minutes. Rob noted that the reason for the latter was that the motion
passed by unanimous acclamation.
Discussion followed about what the covenants actually
specified, and it was found that they do specifically mention that driveway
aprons should be paved. Brian Dudley, APC member, mentioned that the paving
contractor working for Radiance was planning to return and that such a presence
might provide an opportunity for group pricing. Question was asked as to how
non-compliant driveways had passed the APC in the first place. Rob replied that
they had apparently been overlooked. Andrew pointed out that the absence
of approval from the APC did not suffice for compliance, unless the APC did not
act within 30 days of a submittal for approval. "The question facing usÓ,
Rob stated, Ņis how hard do we push for compliance?" Andrew asked,
"What are the covenants worth? Do we jettison them, or do we
ŌgrandfatherÕ existing residents, while making sure that new construction meets
specs? We want to be fair." A member mentioned that some houses were
not compliant in many ways. Another member noted also that there was rampant
non-compliance among all aspects of the covenants. Andrew suggested that
the members could vote to eliminate the covenants. A member complained that her
proxy had not voted the way she would have wished, that the vote was not
recorded by number, and suggested that the driveway apron issue be
ignored. Another member noted that he had almost not moved to Goldenwood
because of the APC requirements, that we should cease harping on non compliant
members, and that we donÕt want to pay for them anyway. Andrew explained
that the vote was not to have the GPOA pay for the paving out of its budget but
to have members pay the cost out of their own pockets as required. Kevin pointed
out that the clay from the tires of vehicles eats away the pavement, and that
the roads were originally paved to substandard. Rob noted that the
covenants needed to be enforced, when there was a problem, and the current
problem is that the roads are being degraded. Rob also noted that the
basic issue was actual degradation, and that only a few entrances were actually
degrading the road, and whether we should fix just those or require all to be
compliant.
A member noted that her driveway is paved but that the
nearby road is still being degraded. Brian mentioned that some driveways
were worse than others where there was more mud and grit being thrown out onto
the road pavement. ThatÕs why standard County and neighborhood covenants
required paved aprons. It was extra work for the APC to police it, and the
group rate of c. $550/driveway was a good deal. A member suggested that we give
the issue another year in which members could voluntarily pave, and consider it
again next year. Another member said that the aprons needed to be paved
to a thickness of 8-10 inches to be able to support the bigger delivery and
construction trucks. Kevin stated that the bigger trucks like the trash
trucks were the problem. Andrew suggested that it might be a good idea to request
that people go to the cheaper new trash service thus cutting down on the number
of trucks using the roads. It was pointed out that any construction
needed to use at least a temporary base driveway, and that the new house
currently under construction did not have such. Andrew and Brian reported that
the builders of that home had been notified and that they did not want to
comply. Andrew noted that we already had a motion from last year to
require paving. A motion was made, seconded, and passed to encourage voluntary
compliance for this year and to revisit the issue next year.
The issue of curbing was introduced.
Andrew reported that we have only done the part that we own. The County owns
most of the roads and is responsible for their maintenance. We are still
working on the County to put curbing in where it is critical, but the only way
they will do it now is, if we pay for it through a bond issue. Motion
was made and seconded to let the curbs go and work on the county to get it
done. A member asked, if a precedent was not being set by reneging
on a motion. Rob answered that we are allowed to do that, and Andrew added that
any law is only as good as the next administration. A vote was taken, and the
motion passed 42 to 3.
Rob reported that the settlement agreement concerning FA litigation
against the City of Dripping Springs regarding what we considered as illegal
development agreements was now sitting with the Mayor and that we expected the
City Council to approve it. Member Terry
Tull reported that, in a related issue, the Mayor, Austin City Council Member,
Daryl Slusher, and Hays County Commissioner, Judge Jim Powers, were starting a
regional water plan that would hopefully have widespread citizen input. This
reflects a heightened interest in managing resources. Rob pointed out
that Terry was a Friendship Alliance member who had worked on water issues for
that body, and that the Mayor had asked Terry to moderate the first planning
process meeting. This demonstrates that the issues for the ETJ are being addressed
in a proactive way, and that what happened two years ago, was not likely to
happen again. One member wanted to thank all those who had worked so hard
on the issues, whether or not we all agree.
Question was asked as to what more to expect in the way of attorney fees. Rob
reported that he expected $3,000-$4,000 more in billing from the lawyer, but
that this was not to be billed to GPOA, but to the FA.
There was a question as to how a judge would have dealt with attorney fees.
Erin Foster won her case about the violation of the Open Meetings Act, and she
had been awarded attorney fees as well. But the City has no money. It was
felt that trying to obtain the money from the City was not worth the effort, considering
the gains made in getting the city to change its approach.
Miscellaneous Old
Business:
The question was asked about the dying oak tree tips on
Crystal Hills Drive. Andrew reported that he had talked with an arborist and
found that the cause of the problem was a disease called Diplodia Tip Blight
often brought on by drought. However, the disease is not fatal. Chrissy Cowan offered to do more research and post
it on the web site. One member mentioned that she had heard from an arborist
that cedars had at least one beneficial effect on nearby oak trees. They helped
to retard some insect infestation by a substance they exude. There was some
vehement protest to that idea saying that the cedars do more harm than good by
soaking up too much water.
New Business:
Rob brought up the issue of landscaping funds. He had talked with a landscaper who suggested
hundreds of drought tolerant and deer resistant plants that could be used and
quoted $4,900 to add landscaping around the mail station. It was pointed out by
several members that it would take a full year of regular watering to establish
any plants, even those that were drought tolerant, and how were we going to be
able to water them?
A member pointed out that we had an
excellent base already with the attractive dwarf yaupon holly and that we
shouldnÕt do anything to destroy what is already there. Another member
asked if we couldnÕt bring in a water line. Rob said that it was possible to
have a water truck come in on a regular but temporary basis to get the plants
established. A motion was made to bring in Xanadu and talk about minimalist
landscaping. Rob asked if Xanadu did design, and the answer was
yes. Motion was made to amend the former motion to authorize up to
$1,000 for the work. Another motion was made and seconded to
authorize up to $5,000 to upgrade and maintain for up to $300/month for one
year. It was reported that Ian
Pollard now mows rather than Colin Dudley. Rob said that we would go
through a bidding process to select the landscaper. The motion passed by a vote
of 25 to 20.
Rob reported that work on the damage at the three-neighborhood
entrance off 1826 was underway and that so
far the new fence was up, the new guardrail installed, and the sign painted.
There had been some discussion about planting shrubs between the guardrail and
the fence and that it had been decided to plant a Pecan tree in place of the
tree that had been destroyed. There was some dismay expressed about the
choice of a Pecan being inappropriate due to its brittleness and high water
consumption. Rob said that his efforts to get the County to put dye in
the reinforcement concrete to be laid had failed. Some said that if we wanted
dye, it would be a simple matter of just taking it to the work crews who come
to do the job and having them mix it on site.
Rob reported that he gets a lot of calls about dogs barking, and/or
chasing people. It was reported that
one dog was recently poisoned to death. The covenants as well as County law
require that dogs be under control. A member said that her children were
afraid to ride their bikes because of the dogs. Rob reported that AndrewÕs cat
had been killed on his own property by a neighborÕs dog. The problem with
control is that the County will do nothing, unless the animal is caught or at
the very least identified. Another member reported that she was a walker, and
that the dogs were particularly worrisome to her. It was mentioned that
there could have been poisoned bait on the Rutherford Ranch. It was
suggested that we be good neighbors and talk to each other, and Rob declared
that he could send a letter. One member mentioned that her dog had been
viciously attacked twice, that she had called twice and told the neighbor that
the next time, she would be calling the Sheriff. That had apparently
worked. Motion was made and seconded to put a warning sign
about animal control at the mail station along with a number to call.
Motion passed by vote of 42 to 3.
Rob revisited the management company idea, and Andrew stated that it would require a raising of the dues.
Jennifer said that the TreasurerÕs job did not require a rocket scientist but
just someone who was willing. Andrew said that the management company would
send someone out once a month to inspect properties for non-compliance and
would do the accounting for a minimum of $400/month. Bonnie said that her
concern was a tendency to lose continuity, especially in the database, and that
some of the Board jobs were too much to do for a full three-year term. She
pointed out that the Board of Trustees was not actually elected to their
specific offices by the members (although there seemed to be a tacit
understanding of who would serve as what in the general election). Rather the
Trustees elected the Officers themselves. Andrew suggested that to hire a
bookkeeper would cost about $25/hour. Rob pointed out that we have
volunteers for the coming year. Rob was asked what was the incentive for
bringing up the issue. He replied that it had been old business put on hold
from last year, when David Coffey had suggested that we try it. Andrew
mentioned that it was a pain to keep up the database. Bonnie and Jennifer
concurred saying that real estate agents, title companies, and owners
themselves often did not notify the GPOA of changes, even though they were
required to do so by Texas law except in the case of unimproved land sales
apparently. The question was asked if it would help to buy computers
and/or software for the use of the Board. Jennifer and Bonnie agreed that
equipment and software were not the issues. Bonnie suggested that we
continue as is until actually confronted with the problem of not having any
volunteers and that we make it a priority to ensure that the database we pass
on is updated and uniform.
It was mentioned, that we needed to do an annual party or picnic like
we used to as a neighborhood. Rob replied
that other neighborhoods around us spend some of their income on an annual
BBQ. Julie McKeon volunteered for a party committee, and Chrissy
Cowan said that she would help. Chrissy moved that we hold a
first annual party in the fall, when the weather is cooler, and that we cap
expenses at $1,000. The motion was seconded and passed unanimously.
Andrew asked if we should try to obtain from Leah Austin more than the small
parcels of land we own around the mail station. There was a general consensus
that we should not.
Rob announced that we needed nominations for four new Trustees. Kevin
Griffin was the only Trustee whose term did not expire this year. Both
Andrew and Rob had volunteered to remain. Jim McCune and Louise Harrison had
also volunteered. Rob, Andrew, Jim, and Louise were elected by
acclamation. RobÕs and AndrewÕs
terms are for two years each, JimÕs is for one year, and LouiseÕs term is for
three years.
Motion was made, seconded, and passed to adjourn at 9:05 PM.
Respectfully submitted,
Bonnie Tull, Secretary