Tryon Farm Homeowners Association

May TFHA Board Meeting Minutes and COO Report

The minutes of the May 17, 2009 TFHA Board meeting are posted HERE

The May COO Report is posted HERE

March Board Meeting Documents

March 15, 2009 TFHA Board meeting minutes have been posted here

The Chief Operating Officers report has been posted here

A definition of the functions of the Architectural Review Committee has been posted here

The Woods Settlement Committee Report has been posted here

The Grove Settlement Committee Report has been posted here

Enjoy your reading!

Sam Harnish, VP/Secretary, Tryon Farm Homeowners Association

January 11, 20099 TFHA Board Meeting Minutes

The minutes of the January 11, 2009 meeting of the Board of Directors of the Tryon Farm Homeowners Association have been posted HERE

The associated Chief Operating Officer's report has been posted HERE

Sam Harnish

VP/Secretary

Tryon Farm Homeowners Association

Minutes of the December meeting of the TFHA Board

Minutes

 

TFHA Board Meeting

 

11:30 a.m. – 1:00 p.m.

December 14, 2008

 

 

I. Tryon Farm Homeowner’s Association Board Meeting (60 minutes).

 

A.     The meeting was called to order at 11:35, a quorum being present:

a.       Peter Bresler – President, presiding

b.      Joanne Day – Treasurer

c.       Sam Harnish – VP/Secretary

d.      Judith Stanton – Settlement Committee Liaison

e.       Colin Tennent-Brown – COO

 

B. Minutes

a.       Peter Bressler moved that the board approve the minutes of the last meeting (November 9, 2008) as posted on the Tryon Farm Homeowners Website (http://www.tfha.typepad.com/).

 

The motion was seconded by Judy Stanton and passed unanimously.

 

 

C. Agenda

a.       Peter Bresler moved that the board approve the agenda for the monthly meeting of the Tryon Farm Homeowners Association Board as printed.

 

The motion was seconded by Sam Harnish and passed unanimously.

 

D. President's remarks.

a.       Peter Bresler moved that the board approve the statement of TFHA Financial Principals posted here  to guide its decision making in financial matters, noting that this statement will be amended if necessary as situations at Tryon Farm change.

 

The motion was seconded by Joanne Day and passed unanimously.

 

b.      Judy Stanton moved that the Board approve the the proposed alteration to the limited common area of Unit #74 in the Woods settlement as posted on the Tryon Farm Homeowners Website (http://www.tfha.typepad.com/).

 

The motion was seconded by Peter Bresler and passed unanimously.

 

E. COO Report

a.       Colin Tennent-Brown reported activities of the Settlement Steward in the period between board meetings as detailed in the Chief Operating Officer’s Report posted here.

 

b.      Colin Tennent-Brown moved that we instruct the Settlement Steward to check each home and make sure that they all have a supply of Ice Melt. If a container is available he can use that if not we will purchase and use new containers.

 

The motion was seconded by Sam Harnish and passed unanimously.

 

c.       Colin Tennent-Brown moved that we instruct Snow Removal Contractor, All Weather, to de-ice sections of the roads where icing is bad and creates a danger. This includes but is not restricted to intersections, the sharp corners on the road to the Dunes Settlement, where the road crosses Beck’s Ditch and the corners at the entrance to the Farm which are frequently icey.

 

The motion was seconded by Judy Stanton and passed unanimously.

 

d.      Colin Tennent-Brown moved that we instruct the Snow Removal Contractor, All Weather, to plow the roads when 2 inches of snow have accumulated and continue as required. The same parameter will apply to the clearing of sidewalks, garages, carports etc. Roads and pedestrian walk ways will be de-iced as required to maintain safe driving conditions and safe access to homes.

 

The motion was seconded by Joanne Day and passed unanimously.

 

F. Treasurer report

a.       Joanne Day moved that we accept the November financial reports as produced by First American Management Company as presented.

 

The motion was seconded by Colin Tennent-Brown and passed unanimously.

 

b.      Joanne Day moved that the Tryon Farm Homeowners Association 2009 Budget dated December 12, 2008, posted here , and mailed to all homeowners, be accepted as presented and that the monthly assessment of $250 be maintained.

 

The motion was seconded by Judy Stanton and passed unanimously.

 

G. VP/Secretary report

a.       Sam Harnish moved that the board again thanks Eric for his thoughtful report on firewood distribution at Tryon Farm, and asks for comments from homeowners on any or all of its proposals, and that

 

For the rest of this winter season, or until we run out of cured firewood, or have received significant feedback from the community, we will continue to restock woodpiles weekly, and reminds all homeowners that

 

The board has an established policy that we will provide firewood only as long as it is available on the farm. We will not cut down trees for firewood, nor will we purchase firewood.

 

The motion was seconded by Peter Bressler and passed unanimously.

 

H. Settlement Committee and Reports.

Dunes Settlement Committee

Farmstead Settlement Committee

Meadow Settlement Committee

Pond Settlement Committee

Woods Settlement Committee

 

Architecture Committee

Kathy Dennis, Evelyn Ebbert, Kay Garvey, Ed Noonan, and Judy Stanton all volunteered to serve on the newly formed Architectural Review Committee. They would appreciate additional volunteers.

   

Communications Committee

    The communications committee presentation is available here

 

 

Location:  Lubeznik Center

101 W. 2nd Street

Michigan City, IN  46360

 

Detail of all resolutions follows: 

RESOLUTION:      _2008-0810-001

 

MOTION BY:         __ Peter Bresler, President___________

 

SECOND BY:         ___Judy Stanton  __________  ________

 

TITLE:                     _Approval of Minutes of Prior Meeting  _

 

BACKGROUND:

 

The minutes of the Tryon Farm Homeowners Association board meeting of November 9, 2008 were posted on the Homeowners Association Website (www.tfha.typepad.com).

 

Are there any corrections or amendments?

 

 

 

 

MOTION:

 

Having heard no corrections or amendments, I move that the Tryon Farm Homeowners Association board meeting minutes of November 9, 2008 be approved as posted.

 

 

 

 

 

 

 

 

 

 

Yeas:___5___; Nays:___0____

 

RESOLUTION:      _2008-1214-002

 

MOTION BY:         __Peter Bresler - President____________

 

SECOND BY:         __Sam Harnish, VP/Secretary_  ________

 

TITLE:                     _Agenda for 12/14/2008 TFHA Board Meeting _

 

BACKGROUND: 

 

 

The agenda for the December 14, 2008 meeting of the Tryon Farm Homeowners Association Board has been distributed to all TFHA Board Members. Copies are available on the table for all attendees.

 

Are there any changes or additions to the agenda?

 

 

MOTION:

 

Having heard no changes or additions to the agenda, I move to approve the agenda for the 12/14/2008 Meeting of the Tryon Homeowners Association Board.

 

 

 

 

 

 

 

 

 

 

 

 

Yeas:___5____; Nays:___0____

 

 

RESOLUTION: _2008-1214-003______________

 

MOTION BY:  __   Peter Bresler, President_______

 

SECOND BY:              __    Joanne Day ________________

 

TITLE:   _         TFHA Financial Principles               _

 

BACKGROUND:

 

The TFHA Board has addressed numerous financial matters since taking over formal responsibility for TFHA operations, ranging from minor operational matters to longer term strategic ones. To address these matters, the TFHA Board has considered numerous inputs, including the requirements of the declarations and by-laws, documentation from TFHA Preparatory Boards, insights from other condo associations, interactions with other relevant parties, such as the Developer and the TFI, and the experience of Board members and others. However, to date, there has been limited documentation of the principles by which the Board addresses issues as they arise. As the number and complexity of financial matters increases, we believe it is important to have documented principles or guidelines to support financial decision-making.

 

MOTION:

 

The TFHA Board will employ the attached financial principles to guide its decision making with regards to financial matters. The Board will continue to operate within the requirements of the declaration, the by-laws, and applicable legal requirements. These principles are intended to advise the Board on matters not explicitly addressed otherwise. The Board expects to amend these principles periodically as situations change.

 

 

 

 

 

Yeas: ___5____; Nays: ___0____

 

 

RESOLUTION: _2008-1214-004______________

 

MOTION BY:  __    Judy Stanton           _________

 

SECOND BY:              __    Peter Bresler, President          _

 

TITLE:   _      Graham Project Approval__________

BACKGROUND: 

Chris Graham has notified the Board in writing, per Article V, Section 5.1 (B)(II) of the TFHA Bylaws of a project to alter his Unit, #74 Tryon Farm Lane, by transforming his current screened porch into a 3 seasons porch. There will be no changes to the basic footprint of the building. Per Sections I and V of Exhibit “D” of the Declaration of Horizontal Property Ownership of Tryon Farm and the Board’s previously adopted policy on Architectural Review, the Graham’s proposed plans have been reviewed by the developer and by members of the Woods settlement committee and the Tryon Farm Institute, Inc.  and no objections have been received.  Materials of like quality and appearance to those originally installed by the Developer on the roof and side walls of the Unit will be used. Alteration to the Unit’s limited common area will not harm or encroach upon the adjacent wetland areas.  The proposed alteration will compliment and not have any significant negative impact on the surrounding natural settings, including such areas under the protection of the Tryon Farm Institute, Inc. For the above reasons, per Section V,  written consents by the Unit Owners of the Woods settlement or the Settlement Committee are not required.

MOTION:

The proposed alteration to the limited common area of Unit #74 in the Woods settlement as described in detail in the Addendum attached to this Motion  having complied with all provisions of Sections I and V of Exhibit “D” of the Declaration of Horizontal Property Ownership of Tryon Farm, including the requirements regarding materials, environmental impact, insurance and employment of licensed contractors, and the Architectural Review Committee not having been officially commissioned, I move pursuant to the Board’s policy regarding Architectural Review that the Board approve the Graham alteration.

 

 

Yeas: ___5____; Nays: ___0____

 

 

RESOLUTION: _2008-1214-005______________

 

MOTION BY:  __Colin Tennent-Brown, COO    __

 

SECOND BY:              __ Sam Harnish, VP/Secretary       _

 

TITLE:   _      Individual Ice Melt                            _

 

BACKGROUND: 

 

Environmentally friendly Ice Melt has been distributed around Tryon Farm in Bulk Containers (Silver Gray Tote Bins) Homeowners have been asked to put their individual containers out where the Settlement Steward can access and re-fill them. This has not been very successful.

 

 

 

 

 

MOTION:

 

We resolve to instruct the Settlement Steward to check each home and make sure that they all have a supply of Ice Melt. If a container is available he can use that if not we will purchase and use new containers. This task is to be completed by December 19, 2008

 

 

 

 

 

 

 

 

 

 

Yeas: ___5____; Nays: ___0____

 

 

RESOLUTION: _2008-1214-006______________

 

MOTION BY:  __Colin Tennent-Brown, COO____

 

SECOND BY:              __ Judy Stanton    ______________

 

TITLE:   _      Road De-Icing                                   _

 

BACKGROUND: 

 

As mentioned in the COO Report the sealing of the road to the Dunes Settlement has created several severely sharp turns, including one into a very narrow berm where the road crosses Beck’s Ditch, that have iced badly several times over the last month. For safe access to, in particular, the Dunes Settlement but also to other areas of the Farm where the road is particularly liable to ice up, we will need to apply de-icer to the roads

 

 

 

 

 

MOTION:

 

We resolve to instruct Snow Removal Contractor, All Weather, to de-ice sections of the roads where icing is bad and creates a danger. This includes but is not restricted to intersections, the sharp corners on the road to the Dunes Settlement, where the road crosses Beck’s Ditch and the corners at the entrance to the Farm which frequently become icey.

 

 

 

 

 

 

 

Yeas: ___5____; Nays: ___0____

 

 

RESOLUTION: _2008-1214-008______________

 

MOTION BY:  __Colin Tennent-Brown,COO  ___

 

SECOND BY:              __ Joanne Day, Treasurer        ____

 

TITLE:   _      Snow Removal Parameters                _

 

BACKGROUND: 

 

As noted in the COO Report, All Weather will be plowing the Farm Roads this winter. He is providing the service at a competitive cost and has purchased new equipment so should be reliable. He will also, as part of the Settlement Steward contract be responsible for clearing access to the homes. This overlap should result in a better service to homeowners

 

 

MOTION:

 

We have instructed the Snow Removal Contractor, All Weather, to plow the roads when 2 inches of snow have accumulated and continue as required. The same parameter will apply to the clearing of sidewalks, garages, carports etc. De-icing of roads and pedestrian walk ways will be done as required to maintain safe driving conditions and safe access to homes.

 

 

 

 

 

 

 

 

 

 

Yeas: ___5____; Nays: ___0____

 

 

RESOLUTION: _2008-1214-009______________

 

MOTION BY:  __   Joanne Day________________

 

SECOND BY:              __  Colin Tennent-Brown   _______

 

TITLE:   _   Acceptance of  the November 2008 Financial Statement         _

 

BACKGROUND: 

The November financial statement has been received and reviewed by the Treasurer. The checking account balance was $9341, with unpaid invoices of $2000. The operating reserve balance was $3202. Year-to-date revenue was $135,293 and year-to-date expenses $134,649, a positive variance of $643.  

 

 

 

 

 

 

 

MOTION:

 

I move that the November financial statement produced by First American Management Company be accepted as presented.

 

 

 

 

 

 

 

 

 

Yeas: ___5____; Nays: ___0____

 

 

RESOLUTION: _2008-1214-009______________

 

MOTION BY:  __Joanne Day, Treasurer_________

 

SECOND BY:              __ Judy Stanton       _____________

 

TITLE:    2009 Tryon Farm Homeowners Association Budget

 

BACKGROUND: 

The 2009 fiscal year TFHA operating budget has been developed utilizing information derived from historical data, input from the settlement committees, proposals from our contractors for ongoing services, and a review of the Full Reserves Study produced by Reserve Advisors, Inc. by the TFHA Board, TFI, and the developer. The draft budget was reviewed at a meeting of members of the TFHA board, TFI, and ENA on November 30. It projects yearly operating expenses of $178,755, and revenue of $180,000 from monthly assessments for 60 units.

 

This budget results in the 2009 assessment levels remaining at $250 per unit per month, which we will continue to bill monthly. This is a conservative budget, and it is hoped that in areas such as snow removal and legal expenses, not all of the budgeted funds will be required.

 

The budget includes an operating reserve of $9600. Two other reserve accounts are not yet budgeted. One, the Sanitary Reserve, is required by the Condo Declaration to be maintained at a level of $280 per unit. The second, Capital Reserve, is based on the results of the Full Reserve Study.

 

At the annual meeting it was announced that a capital reserve contribution for these reserve accounts will be required in 2009. We plan to wait until after the first quarter to finalize the amount of this contribution when it may be possible to transfer unused snow removal funds to satisfy some of these reserve requirements.

 

MOTION:

 

I move that the Tryon Farm Homeowners Association 2009 Budget dated December 12, 2008, be accepted as presented and that the monthly assessment of $250 be maintained.

 

Yeas: ___5____; Nays: ___0____

 

 

 

 

 

 

RESOLUTION: _2008-1214-010______________

 

MOTION BY:  _  Sam Harnish, VP, Secretary____

 

SECOND BY:              __ Peter Bresler, President             _

 

TITLE:    Firewood Distribution at Tryon Farm      _

 

BACKGROUND: 

Last month the board received a very thoughtful report on firewood distribution at Tryon Farm prepared by Eric Overcash that had five proposals:

 

1. Determine how many of the current homes have fireplaces or stoves per settlement.
2. Encourage home owners to use the piles of wood in the Woods Settlement.
3. Recycle the wood on the bottom of the piles to the top of the piles for immediate use.
4. Announce to all homeowners that the piles of wood in each settlement will be re-stocked twice per year, once in mid-November and once in mid-February.
5. Designate the open shed by the entrance to the barn off Tryon Farm Lane as the community wood source.

 

Eric goes on to say that he would be willing to lead a volunteer effort next spring and summer to accomplish these goals.

MOTION:

The Board again thanks Eric for his thoughtful report and asks for comments from homeowners on any or all of these proposals.

 

For the rest of this winter season, or until we run out of cured firewood, or have received significant feedback from the community, we will continue to restock woodpiles weekly.

 

We have an established policy that we will provide firewood as long as it is available on the farm. We will not cut down trees for firewood, nor will we purchase firewood.

 

Yeas: ___5____; Nays: ___0____

 

TFHA Financial Principals

Tryon Farm Homeowners Association

Financial Principles as of January 1, 2009

The Division of Financial Responsibility between TFHA, TFI, and the Developer(s)

1.    Developer(s) are responsible for initial construction of common area and limited common area elements within each settlement

2.    Developer(s) transfer financial responsibility for common area elements to TFHA or TFI once they are deemed to be in acceptable condition, including all post-construction remediation activity

a.    Developer(s) and TFHA to jointly agree on “acceptable condition”

b.      Developer(s) and TFHA to review transfer of financial responsibility at logical checkpoints, such as completion of a major segment of the settlement, completion of final units in settlement, fixed period after transfer (e.g. a “warranty”)

3.    For work-in-progress settlements, operating expenses for common area elements will be apportioned between developer(s) and TFHA in proportion to the ratio of the number of units occupied and the number of units in “active use” by the developer(s) in the settlement; the definition of “active use” may vary depending on the type of expense.

a.    Under construction units are considered “active use” in determining the developer(s) share of maintenance expenses

b.    Other definitions of “active use” may be developed jointly by TFHA and developer(s) depending on the expense type

4.    TFI is responsible for all short- and long-term costs associated with TFI land, with several specific exceptions:

a.    TFHA is responsible for all short- and long-term costs associated with Constructed Wastewater Wetlands (CWW) used by homeowners that are on TFI land

b.    TFHA is responsible for short- and long-term costs for maintenance of roads that pass through TFI land.

c.    TFHA will assume responsibility for expenses for specific projects on TFI land that provide benefit for homeowners (e.g. path cutting). TFHA and TFI will agree on the specific projects and standards.

5.    Developer is responsible for all short- and long-term costs associated with developer land, including land that is designated for transfer to TFI, but has not yet been transferred; with several specific exemptions

a.    TFHA will assume responsibility for specific projects on developer land that provide benefit for homeowners (e.g. garden area); TFHA and developer will agree on the specific projects and standards

b.    TFI will assume responsibility for specific projects on developer land that provide benefit for the TFI. Developer and TFI will agree on the specific projects and standards

6.    Developer will be invited to participate in TFHA budget discussions given the impact of assessment levels on new unit sales."

Tryon Farm Homeowners Association

Financial Principles as of January 1, 2009

Designation of Financial Categories for TFHA

TFHA will designate expenses within several major categories (and sub-categories) of expenses, including:

1. Operating Expenses
   1. Budgeted operating expenses
   2. Contingent operating expenses
   3. Operating Reserve expenses
2. Capital Expenses
   1. Planned Sanitary reserve expenses
   2. Planned Capital reserve expenses
   3. Unplanned Sanitary reserve expenses
   4. Unplanned Capital reserve expenses

Categories are defined below, with examples.

1. Operating Expenses – General maintenance for common area elements; typically less than $3,000 for individual expenditures
   1. Budgeted operating expenses – known items included in operating budget; some allowance made for unexpected expenses within known categories, such as tree work, road patching, etc.
   2. Contingent operating expenses – expenses that are known, but the extent of which is variable based on forces outside the control of TFHA (CWWW pump replacement, snow-plowing, etc.)
   3. Operating Reserve expenses – unexpected items, primarily, repair in nature, requiring immediate work but not included in operating budget, or exceeding budgeted amounts, e.g. tree removal after a storm.
2. Capital Expenses
   1. Planned Sanitary reserve expenses - specifically identified property elements in Reserve Study related to CWWW (replenishment of CWWW plant life, renovation of CWWW liner, etc.)
   2. Planned Capital reserve expenses - Specifically identified property elements in Reserve Study; (e.g. refinish roads, regularly scheduled replacement of walkways, etc.);
   3. Unplanned Sanitary reserve expenses – unexpected CWWW maintenance (e.g. broken pipes, etc.)
   4. Unplanned Capital reserve expenses – unplanned, major repair or maintenance items, typically over $3,000.

Tryon Farm Homeowners Association Board Meeting Minutes

The minutes of the meeting of the board of the Tryon Farm Homeowners Association have been posted HERE, along with the Chief Operating Officer's Report and the current TFHA Board Action List .

TFHA Board Meeting Minutes

Agenda

TFHA Board Meeting

10:30 a.m. – 12:00 p.m.

September 13, 2008

I. Tryon Farm Homeowner’s Association Board Meeting (60 minutes).

A.     The meeting was called to order at 10:30, a quorum being present:

a.       Peter Bresler – President, presiding

b.      Sam Harnish – VP/Secretary

c.       Joanne Day – Treasurer

d.      Judith Stanton – Settlement Committee Liaison

e.       Colin Tennent-Brown – COO

B. Minutes

Peter Bressler moved that the board approve the minutes of the last meeting (September 13, 2008) as emailed and posted on the Tryon Farm Homeowners Website (http://www.tfha.typepad.com/).

The motion was seconded by Colin Tennent-Brown and passed unanimously.

C. Agenda

Peter Bresler moved that the board approve the agenda for the August 10,2008 meeting of the Tryon Farm Homeowners Association Board, and the Quarterly Homeowners Forum.

The motion was seconded by Joanne Day and passed unanimously.

D. President's remarks.

E. COO Report

Colin Tennent-Brown reported on the review meeting with the Settlement Steward.

F. Treasurer report

a.       Joanne Day moved that the August financial statement produced by First American Management Company be accepted as presented.

The motion was seconded by Sam Harnish and passed unanimously.

b.      Joanne Day that the Board authorizes changing the method of collecting homeowners assessments from a quarterly to a monthly basis, effective October 1, 2008.

The motion was seconded by Judith Stanton and passed unanimously.

c.       Joanne Day moved that the monthly assessment be increased by $60, to a total of $250, effective October 1, 2008.

The motion was seconded by Judith Stanton and passed unanimously.

d.      Joanne Day moved that the Board authorize a review of the reserve accounts required by the bylaws, and recommend a funding level of each that is consistent with the Boards fiduciary responsibility.

The motion was seconded by Sam Harnish.

Judith Stanton moved that the motion be amended to say that that we collect an assessment in 2009 in an amount to be determined as part of our December budgeting process to cover the $280.00  for our CWWW reserve fund and the additional capital improvements reserve fund recommended by the recently completed reserve study, as required by our bylaws, and that homeowners be given options for paying either in a lump sum or through an installment plan to be established and communicated by the Board prior to January 1, 2009.

The motion to amend was seconded by Peter Bresler.

Amended Motion:

It is moved that the Board review the reserve accounts required by the bylaws, and that we collect an assessment in 2009 in an amount to be determined as part of our December budgeting process to cover the $280.00 for the dictated Sanitary fund, and the capital reserve fund required by our bylaws at the level recommended by the recently completed reserve study, and that homeowners be given options for paying this Capital Reserve Assessment either in a lump sum or through an installment plan to be established and communicated by the Board prior to January 1, 2009.

The amended motion was seconded by Peter Bresler and passed unanimously.

G. VP/Secretary report

H. Settlement Committee Reports.

RESOLUTION:      _2008-0913-001

MOTION BY:          __Peter Bresler, President____________

SECOND BY:          __Colin Tennent-Brown _____________

TITLE:                      _Approval of Minutes of Prior Meeting  _

BACKGROUND:

The minutes of the Tryon Farm Homeowners Association board meeting of August 10, 2008 were distributed to the homeowners and other concerned parties by email, and posted on the Homeowners Association Website (www.tfha.typepad.com).

Are there any corrections or amendments?

MOTION:

Having heard no corrections or amendments, I move that the Tryon Farm Homeowners Association board meeting minutes of August 10, 2008 be approved as emailed and posted.

Yeas: __5___; Nays:___0___

RESOLUTION:      _2008-0913-002

MOTION BY:          __Peter Bresler, President____________

SECOND BY:          __Joanne Day     __________  ________

TITLE:                      __Agenda for 09/13/08 Board Meeting __

BACKGROUND: 

The agenda for the September 13, 2008 meeting of the Tryon Farm Homeowners Association Board, and the quarterly Homeowners Forum has been distributed to all TFHA Board Members, and copies are available on the table for all attendees.

Are there any changes or additions to the agenda?

MOTION:

Having heard no changes or additions to the agenda, I move to approve the agenda for the 09/13/2008 Meeting of the Tryon Homeowners Association Board as printed.

Yeas:___5____; Nays:___0____

Tryon Farm Homeowners Association

Settlement Steward Review Meeting

9/12/08

Present

Steve Knotts, Settlement Steward; Colin Tennent-Brown, Sam Harnish, Judy Stanton, Joanne Day, TFHA Board Members; Judith Tennent-Brown TFI Board Member

The purpose of this meeting was to review the job performance of the Settlement Steward over the first three months of his contract and to plan for the next three months.

The challenge over the first quarter was the catch-up work that was necessary because the property had been neglected through the spring growing period. It was agreed that the farm looks good and the catch up phase is now over.

Starts have been made on Drain Clearing and CWWW Remediation. Starting this work was suggested so that Steve could get an idea of how much time would be involved doing the work in the future.

Some projects have been completed but not as many as had been hoped for.

Actions

1. Pathway Lighting was discussed at length. This is a high priority for homeowners and will become more important as darkness arrives earlier. Steve agreed to have all the lights fully operational by the next Board Meeting in October
2. Campsite Boardwalk Repairs. Another high priority for homeowners is the repair of the rotting / sagging sections of the boardwalk near the entrance. There may be individual boards that need to be replaced at the same time. This work should also be completed by the next Board meeting.
3. CWWW Pump Station Inspections. It is important to establish a record of weekly Inspections so that any problems are detected early and that there is a record of pump operation. It was suggested that the pump inspection be done late in the week so that if there are any problems they can be fixed before homeowners arrive for the weekend.
4. The Pump Station inspections can be done in conjunction with the Stewards regular inspection of the property. This weekends storms highlighted the need for doing regular comprehensive inspections.
5. Farm Equipment (Particularly Snow Blowers) should be checked to make sure they are operating properly. If not they need to be repaired now to avoid the pre-winter rush. Proper procedures should be followed when starting machinery that has been sitting idle for an extended time. There should also be a schedule for maintenance of the Kubota tractor
6. Reporting. It was agreed that a summary of work done would be submitted by the Settlement Steward with his bi-weekly invoice. This would include a list of routine work done such as mowing and trimming and time spent on projects such as the Path Lighting. The bi-weekly Farm Evaluation will be continued although maybe with a modified format.
7. The Board will review the Settlement Reports and prepare a “Master List” of work and priorities. The Steward may be asked to give estimates of time and materials needed for different projects.
8. Planning. Although difficult it is important that the Settlement Steward makes some attempt to plan his activities as we head into winter.
9. The Steward confirmed that he has Liability and Workers Compensation Insurance in the amounts required by 1^st American. The Board needs to have documentation showing this.
10. A further review will be performed at the end of this quarter.

RESOLUTION: _2008 - 0913 - 003______________

MOTION BY:  _Joanne Day, Treasurer_____________

SECOND BY:   _Sam Harnish____________________

TITLE:  _Acceptance of August Financial Statement__

BACKGROUND:

The August financial report has been received and reviewed by the Treasurer.  It showed a checking account balance of $5772, with unpaid invoices of $496.   The reserve account showed a balance of $2381 at the end of August 2008.  Anticipated expenditures for the last month of the quarter, September, indicate that further draw down on the reserve account will be necessary to meet expenses.

MOTION:

I move that the August financial statement produced by First American Management Company be accepted as presented.

Yeas: ___5____; Nays: ___0____

RESOLUTION: _2008 - 0913 - 004______________

MOTION BY:  _Joanne Day, Treasurer_____________

SECOND BY:   __Judith Stanton__________________

TITLE:  _ Change to Monthly Payment of Assessments ___

BACKGROUND:

In July 2008 the Board authorized the treasurer to investigate changing collection of assessment payments from the quarterly basis currently in effect to monthly payments. In addition to bringing the process into conformance with requirements of the bylaws, needed improvement in the Association’s cash flow is anticipated that will help avoid delays experienced in the past in the payment of vendor invoices

The change has been discussed with First American, and the collection method is being developed. Homeowners will be notified in writing of the new process in time to have it in effect for the October 2008 assessment.

MOTION:

I move that the Board authorizes changing the method of collecting homeowners assessments from a quarterly to a monthly basis, effective October 1, 2008.

Yeas: ___5____; Nays: ___0____

RESOLUTION: _2008 - 0913 - 005______________

MOTION BY:  _Joanne Day, Treasurer_____________

SECOND BY:   __Judith Stanton__________________

TITLE:  _2008 Fourth Quarter Assessment Increase___

BACKGROUND:

TFHA Board review of the 2008 budget and analysis of expenses incurred through the month of August show that expenditures to date total $104,652, while revenue collected to date, including the special assessment of $5400 to cover snow removal, is only $101,726, a shortfall for the year to date of $2926. In order to meet outstanding invoices, drawdowns on existing reserves have been necessary, and no resources are therefore available to handle emergency situations or other unexpected expenses.

A careful review of past expenditures and current conditions was conducted, taking into account changes in operating method, ageing of some infrastructure elements and possible late 2008 snow removal requirements. Projections for the fourth quarter of 2008 indicate average monthly expenditures of approximately $13,934. At the current assessment rate of $190 per month ($570/quarter) revenue of only $10,640 can be expected, resulting in a shortfall of $3294 each month. In order to meet current expenses and prevent further deficits, it is clear that the monthly assessment must be increased. It was concluded that an increase of $60 per month, bringing the monthly assessment to $250, is necessary to reach a viable financial position through the end of 2008.

MOTION:

I move that the monthly assessment be increased by $60, to a total of $250, effective October 1, 2008.

Yeas: ___5____; Nays: ___0____

RESOLUTION: _2008 - 0913 - 006______________

MOTION BY:  _Joanne Day, Treasurer_____________

SECOND BY:   _Sam Harnish              _____________

TITLE:  _ __Reserve Accounts Study __                      _

BACKGROUND:

The bylaws of the Tryon Farm Homeowners Association require the maintenance of three separate reserve accounts: A sanitary reserve, specified at the level of $280 per unit, and specifically funded through assessment; and a capital reserve to handle repair and replacement of major capital items, and an operating reserve to provide for other needs not covered by general operating funds.

A Reserve Study was commissioned by the TFHA Board this year to identify and estimate the cost of repair/replacement of these infrastructure elements, and the level of reserves required to responsibly provide the financial ability to deal with them.

Two of these funds do not exist at present and recent reviews of TF infrastructure needs make it imperative that this situation be corrected, and these reserve funds be established at a level consistent with our fiduciary responsibility as soon as possible.

MOTION:

I move that the Board authorize a review of the reserve accounts required by the bylaws, and recommend a level funding of each that is consistent with the Boards fiduciary responsibility.

Judith Stanton moved to amend the resolution:

I move that we amend Joanne’s motion by substituting the following: that we collect an assessment in 2009 in an amount to be determined as part of our December budgeting process to cover the $280.00  for our CWWW reserve fund and the additional capital improvements reserve fund recommended by the recently completed reserve study, as required by our bylaws, and that homeowners be given options for paying either in a lump sum or through an installment plan to be established and communicated by the Board prior to January 1, 2009.

The motion to amend the resolution was seconded by Peter Bresler.

Amended Resolution:

I move that the Board review the reserve accounts required by the bylaws, and that we collect an assessment in 2009 in an amount to be determined as part of our December budgeting process to cover the $280.00 for the dictated Sanitary fund, and the capital reserve fund required by our bylaws at the level recommended by the recently completed reserve study, and that homeowners be given options for paying this Capital Reserve Assessment either in a lump sum or through an installment plan to be established and communicated by the Board prior to January 1, 2009.

The amended motion approved unanimously.

Yeas: ___5____; Nays: ___0____

Documents from the August 10,2008 meeting

Three documents from the August 10,2008 Tryon Farm Homeowners Association Board meeting and Homeowner's forum have been posted:

The Minutes of the TFHA Board Meeting HERE,

The Farmstead Settlement Committee Report HERE, and

The Woods Settlement Committee Report HERE.

Additional Settlement Committee reports will be posted when they are received.

Temporary Swimming Pool Checklist

As requested in last weekend’s meeting, we have compiled the following notes in response to the concerns voiced by homeowners regarding a temporary pool:

Description: The temporary pool is a freestanding, 12’ x 24’ x 4’ oval pool with a filter, pump and cover. It was purchased from Meier by interested homeowner families and is to be installed and maintained with funds by only those who intend to use the pool.

Aesthetics: It was initially intended to install the pool near the barn, however, after reasonable concerns for the high visibility of such a location, it has been suggested to locate the pool in the Grove. This area is owned by ENA, and will isolate the homeowners from liability. It is also a much less visible location, making the pool less conspicuous and limiting its visibility to those who might be uninvited guests.

Temporary: The pool is not designed to be left standing over the winter, and must be disassembled at the end of warm weather. By locating the pool in the Grove, the temporary nature is assured, since the area is intended to be under construction, and (hopefully) the area will not be available again next summer. The pool will be taken down as soon as the weather turns, likely mid-September.

Insurance: The temporary pool will be erected on property owned solely by ENA, and the purpose of such a location is to isolate any liability to ENA only. It was requested at last Sunday’s meeting that TFHA be listed as an additionally insured to any area where the pool might be located. This will provide that, should a lawsuit be filed, TFHA will be protected from liability, with no cost to the homeowners.

Permits: A permit has been applied for with the City of Michigan City. The inspector was concerned with only a few issues: enclosure (the fence must be 4’-0” high), proper setbacks from the road and nearby structures, and proper electrical connection. If the pool moves to a new location, the permit application will be amended.

Water and Power Supply: Water will be obtained from a hydrant near the site. Code compliant temporary power will be coordinated with ENA.

Nearby Toilet facilities: If necessary, a port-a-potty will be considered and funded by pool participants.

Maintenance: A pool maintenance company will be contracted to vacuum the pool and monitor the water for proper cleanliness. Mainstream water purification procedures will be used.

Security: A 4’-0” high fence will be erected around the pool, with a locking gate. The gate will be secured with a key or combination, which will be shared with interested homeowners. We will require that the pool cover be installed and the ladder be removed after each use. Additionally, a sign will be prominently displayed noting the usual swimming disclaimers: Swim at your own risk, don’t swim alone, children under the age of 12 years are not allowed without a parent, etc.

Cost: The pool cost approx. $500, and we anticipate another $500 for fencing, maintenance, utilities, etc. We were expecting that interested parties would chip in $50 for the remainder of the summer to defray the costs.

Woodlands: We have contacted the Woodlands about use of their facilities, and memberships are limited to homeowners in that development.

The Board's Report on the Pool Meeting

There was a meeting Sunday, August 27, to discuss the erection of a 12 ft x 24 ft x 4 ft deep above ground pool immediately to the South of the Barn. This is our understanding of what was said.

A group of homeowners bought a pool and, with Ed Noonan’s approval, were planning to put it up by the barn. ENA owns the Barn and the surrounding land. I was told of this plan and discussed it with Board members and other homeowners. The reaction was largely negative which led to a meeting where the plan could be discussed.

The meeting was well attended indicating this is important to Homeowners. At the outset of the meeting, the homeowners who bought the pool sincerely acknowledged the importance of discussing this with the community, and stressed that they had no intention of doing something unilaterally.

The long term aim of the pool proponents is to build a “Natural” swimming facility potentially using technology being used in our CWWW for filtering water. They believe it would be an asset to the community, and that the above ground pool would allow testing of aspects of the pool idea such as how many families would actually use the pool, logistics of usage and maintenance, ultimate costs of maintenance, security, etc.

Only those interested in using the pool would be asked to contribute to the cost, and the pool would be removed at the end of swimming weather.

The value of a “Swimming Facility” to attract new Homeowners, particularly those with children was discussed.

Some homeowners do not want a pool and the “Country Club” atmosphere it implies. They said they were assured when they bought property here that this was not the way Tryon would be developed. One expressed concern was that an above ground pool does not fit in the image of Tryon Farm, and that the proposed location would make it highly visible.

Sam Harnish advised that the Condominium Declaration prohibits having a pool on TFHA owned land, and that changing Condo Docs requires 75% homeowner approval.

The proposed temporary pool would not have been on TFHA owned land and therefore did not require any changes to the Condominium Declaration.

However, things change, another basic part of Ed’s Tryon concept. As such we need to talk to each other about what should happen.

Swimming Pond proponents want an opportunity to show that the concept can work and have agreed to respond to the concerns raised at the meeting including appearance, maintenance, security, liability, and funding among other items.

After the meeting a homeowner suggested that another, less visible location might considerably reduce opposition to the pool. After some discussion the Grove and the Meadow were suggested as possible sites although the designation of these locations as “ENA land” or “TFHA land” is murky since TFHA picks up some responsibilities for settlements when they are declared, but ENA obviously bears the major responsibility until the settlement is completed.

These questions of shared TFHA/ENA responsibility for declared settlements, and the shared responsibility for insurance coverage in those areas are issues that must constantly be addressed. In any location, insulation of Homeowners from any potential liability is important and will be addressed with the appropriate people.

Dawn Heid will be e-mailing responses to the concerns raised at the meeting, and the TFHA board will be conducting a poll of owners opinions on what should be done next.

Please become familiar with the proposal, and make a fair judgment of it. The pool promoters will in turn listen to the community and take their concerns seriously.

This meeting has addressed questions about how future changes should be handled. In particular, this pool issue highlights a situation where a sub-set of homeowners is interested in pursuing an initiative that could impact others either directly or indirectly. Generally, most agreed that Tryon’s vision supports diversity of interests amongst the homeowners, provided that the legitimate concerns of the community at-large are adequately addressed.

The Board will consider options to have a continuing discussion about this, and make a recommendation on how to arrive at a decision. No matter the outcome, the Board will not at this point support an option that adds cost to the TFHA budget. While we acknowledge the potential of an impact on indirect costs as we maintain some of the non-TFHA areas, we can work through those. Any substantial costs must be borne entirely by the group interested in swimming.