Minutes: MPCA BOARD MEETING

Monday, October 3^rd, 2005

7:30 PM

The Board of Directors of the MPCA met on Monday, October 3^rd, 2005 at Darby Johnson’s home. Present were Ann Adams, Judi Carr, Darby Johnson, Jeanne Ormrod, Peter Roy, Russ Simon and Jim Fitzpatrick, presiding. Dimitri Chernyshov and Don MacKinnon, Treasurer were excused. Guests included, MJ Searfoorce of Great North Property Management.

The meeting was called to order at 7:30 PM.

1. Minutes of the September 13^th, 2005 Special MPCA Board meeting:

· Motion to approve minutes was made by Jeanne Ormrod, seconded by Judi Carr - approved unanimously.

2. Treasurer’s Report :

• Presented by Jim Fitzpatrick
• Financials were not available. Recent turnover of Comptroller and some financial staff at Great North has delayed reporting. Should be back to normal in a couple of weeks.

3. Committee Reports

Water Systems Committee

• Presented by Jim Fitzpatrick.
• As part of the Water System Committee’s preparation work to locate a test well and potentially an irrigation well and irrigation lines near the fire pond to expand water capacity, a wetlands scientist was hired to review portions of Lot #4 for wetlands. The reason – a potential new irrigation water supply system can not be located on wetlands.
• As a result of this review, there have been wetland flags placed in various areas of Lot #4 around the fire pond and between the fire pond and the pump house. There have been two sizable wetlands identified between the fire pond and the pump house, but there is still plenty of room to locate the test well and irrigation system, so the WSC will continue with validating the irrigation supply project. The wetlands stakes will be removed once the wetlands have been mapped out.
• As previously mentioned, we had been notified by Simpro (the supplier of our water monitoring system and software) that they are going out of business. The WSC has acquired the “source code” for the system and has identified programmers to assist us in maintaining and enhancing the system for our use going forward.

Environmental Committee:

• Presented by Jeanne Ormrod.

• Working on making repairs to the wooden trail bridge.
• Determining whether an investment in Green Head boxes for next year would be worthwhile.
• Arranging for the Fall cutting of Lot #4
• Urged the MPCA to write a letter to the town Administrator, Budget Committee and Town Council on the need to return mosquito spraying to the Newmarket budget. MPCA Board has agreed and also urges each association to do the same. Jim Fitzpatrick will write letter and circulate to the associations. As mentioned by Al Dixon at our Annual Meeting, showing up at Town Budget Committee meetings and urging mosquito spraying is very effective. We urge our interested members to attend these meetings.

Community Life Committee:

• Presented by Darby Johnson.
• The Fall Quarterly Moody Point Get Together at the Chernyshov’s, a wine tasting, was a great success. Many thanks to the Chernyshov’s for planning and hosting the event.
• The Winter Quarterly Moody Point Get Together is planned for December 10^th at the Bouthot’s.
• The CLC will be developing the schedule for this years timely topic series – stay tuned for more details.
• There is a community waterfront clean-up scheduled for Saturday, October 8^th. All Volunteers are welcome. Please contact Andra Crawford for more information.
• Jim Fitzpatrick reported that Lyn Rodger, a new resident, has agreed to revamp and manage the Moody Point Website in the near future. Many thanks to Lyn for volunteering to improve and enhance our website.

By-Laws Review Committee:

• Presented by Jim Fitzpatrick.
• The Board has agreed to set aside the majority of the November Board meeting to focus on the recommended By-Laws changes and to provide feedback to the By-Laws Committee. Expect to have the proposed By-Laws changes out to the Membership in January for their review and to schedule a special meeting to vote on the revisions during the 1^st Quarter of 2006.

4. MPCA Managers Report:

• Presented by MJ Searfoorce
• No significant items to report other than the delay in getting the financials reported..

5. Noblin Capital Study for the MPCA

• Noblin has completed the draft of the Capital Reserve Study and Requirements (ex – the Water System) for the MPCA. The analysis and discussion of this report by the Board over the next several months will provide the basis for Capital Reserve Planning and Budgets going forward. MJ Searfoorce was asked to work with Noblin to convert the report to a PDF file and distribute to the MPCA Board members for review.

6. Cheney Drainage Proposal

• Mr. Cheney had notified the MPCA Board that he believed they were operating outside their approved powers and could be sued for: requesting and paying for the culvert study of Moody Point (a study completed over a year ago), entering into discussions with the Town on overall Moody Point drainage issues, and in hiring and paying for legal or engineering expertise related to the overall Moody Point drainage issues. His assertion was that the MPCA Board is limited by the By-Laws to act and spend money on only the things it owns – like the Water System and the common land and does not have the authority to deal with overall Moody Point issues. The Board has sought a legal opinion to review and validate their powers in this regard.
• After much discussion on Walt Cheney’s offer and plan to fix some of the drainage issues at Moody Point (over the past two special MPCA Board meetings and this regular meeting), a motion was made by Judi Carr and seconded by Jeanne Ormrod:
• That the terms initially presented by Mr. Cheney and the subsequent changes suggested by him (in which he suggested he may withdraw his performance guarantee if we hired an engineer to review his yet to be proposed drainage solutions) are not acceptable and the Board is suspending its discussions with Mr. Cheney and the Moody Point Company on their plan to fix the drainage.
• The motion carried by a vote of 5 in favor and 1 abstention.

• Ann Adams, the MPCA Board member, Meadows Association Representative and employee of the Moody Point Company was asked to relay this decision to Mr. Cheney.

7. Other Business

Lubberland Drive Mailbox Pad

• The Hill Association repaved the mailbox pad on Lubberland Drive last year based on its assumption that the mailbox and pad were their responsibility. The MPCA is responsible for the Mailbox Pads throughout Moody Point. The Hill Association asked to be reimbursed. A motion was made by Jim Fitzpatrick, seconded by Russ Simon to reimburse the Hill Association for the repaving based on the sq. footage cost recently paid by the MPCA for paving the Dumpster area. The motion passed with a vote of 5 in favor and 1 abstention.

Ridge Mailbox Pad

• The Ridge requested that the driveway leading to one of the mailbox pads in the Ridge be repaved. The MPCA is not responsible for the Ridge’s driveway. In order to assist the Ridge in improving access to the mailbox pad, a motion was made by Jeanne Ormrod, seconded by Judi Carr to have the Ridge’s mailbox pad moved closer to the driveway, as long as the cost did not exceed $350.

View Cutting request for Lot 5-1-12

• A request was made by Walter Cheney to have trees cut, at his expense, on Lot #4 adjacent to the newly constructed duplex to improve the view. After much discussion, a motion was made by Judi Carr and seconded by Jeanne Ormrod to approve the one time trimming of branches on Lot #4 for the new duplex on Lot 5-1-12 at Walter Cheney’s expense with the proposed trimming to be pre-approved and directed only by Earl Chase, the MPCA’s Lot #4 vegetation consultant. The motion passed with a vote of 4 in favor, 1 against and 1 abstention.

Bijl By-Laws Amendment Status

• MJ Searfoorce was asked to verify that all payments and requirements had been met by the Bijl’s, prior to filing the approved amendment to the MPCA By-Laws passed at the Annual Meeting.

Well #3 Collar & Bollard

• A motion was made by Judi Carr, seconded by Jeanne Ormrod to approve the installation of a collar & bollard to protect Well #3 as long as the cost did not exceed $400.

Potential Roof Leak in Screen House

• It has been reported that there may be a potential roof leak in the Screen House. The Board agreed that this should be verified and if true, repairs addressed.

Lot #4 – Fire Pond Area Maintenance

• There is a growing concern that reduced depth of the fire pond is reaching a point where we may have to dredge the fire pond to remove silt accumulated over the past 18+ years. Walt Cheney has apparently recently had Doucet Survey look at this question. The Board has requested Ann Adams to ask Walter for the results of this survey so the Board can begin to dimension the problem and develop appropriate solutions, if required. Ann agreed to ask Walter for the report.

Kayak Storage for the Winter

• The Board has agreed to allow kayaks again to be stored for this coming winter in the Screen House, as long as each kayak is tagged with the owner’s name and that the kayaks do not block the entrance to the Screen House. The kayaks cannot be stored prior to November 1^st , 2005 and must be removed by May 1^st , 2006.

Numbering of Waterfront Trail Entrances

• A request was made by the Environmental Committee to number the various entrances to the waterfront trail. The Board approved the request.

The Board Meeting was adjourned at 10:02 PM.

The Next Regular Board Meeting will be held at Jeanne Ormrod’s home on Monday, November 7^th at 7:30 PM.

Respectfully submitted,

Russ Simon

Secretary