WORK SESSION MEETING OF THE HOT SPRINGS VILLAGE PROPERTY OWNERS ASSOCIATION BOARD OF DIRECTORS 9:00 A.M., APRIL 3, 2013 OUACHITA BUILDING

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1 WORK SESSION MEETING OF THE HOT SPRINGS VILLAGE PROPERTY OWNERS ASSOCIATION BOARD OF DIRECTORS 9:00 A.M., APRIL 3, 2013 OUACHITA BUILDING A work session meeting of the Hot Springs Village Property Owners Association Board of Directors was held at 9:00 a.m., Wednesday, April 3, 2013 at the Ouachita Building of the Ponce de Leon Center. Board members attending were: President Jerry Kosoglow, V.P. Jim Owens, Bobbie Bateman, Tom Bryant, John Cooney, Keith Keck and Frank Leeming. Attending from staff were: Interim General Manager Linda Mayhood, Chief Financial Officer Don Yucuis, Dir. of Golf John Paul (absent), Dir. of Recreation and Club Services Stephanie Heffer, Interim Director of Public Safety Lt. Ricky Middleton, Marketing Manager Dannet Botkin, Communications Specialist Lisa Watson and Secretary Suzette Tadlock. Also attending: Lewis Delavan, Village Voice Newspaper and Jeff Smith, Village Voice Newspaper. Jessieville High School students were in attendance to record the meeting. Approximately 70 people were in the audience. Call to Order: Prayer/Pledge: Proclamation: Guests: Order of Business: President s Comments: Board Comments: President Kosoglow called the meeting to order at 9:00 a.m. President Kosoglow gave the prayer followed by the pledge of allegiance. President Kosoglow read and presented to Cindy Wagstaff a Proclamation for Parkinson s Disease Awareness Month in April None. The order of business was approved as written upon MOTION by Director Bateman, SECONDED by Director Keck and unanimously APPROVED. An executive session will follow the meeting. President Kosoglow stated the two new Board members will be seated at the April 17, 2013 Board meeting and congratulated Jeff Atkins and Harv Shelton for their election to the Board. He thanked Brent Gray, Michael Zabroski and Mike Medica for running for the Board and their willingness to serve Hot Springs Village. Director Bateman reminded Garland County Entergy customers to pick up their free light bulbs in the Public Works Dept. Director Leeming congratulated Villager Robin Young who was featured in a film on the American Family Broadcast on Channel 2 out of Little Rock and PBS channels around the country about core

2 Page 2 values shared by Robin s family as they were brought up in Northeast Mississippi. The program will be rebroadcast next Wednesday at 6:30 p.m. Director Leeming congratulated 18 teams who competed in the March 23 rd Trivia Night sponsored by Coronado Friends of the Library. Director Owens congratulated Jeff Atkins and Harv Shelton on their election to the Board. Gen. Mgr. s Report: Linda Mayhood gave the General Manager s Report (see written report attached). She reminded all of the Town Hall meeting being held April 18, 2013, 3:00 p.m. at Coronado Center on the Declaration changes coming up. She advised David Whitlow has been hired as Interim Dir. of Public Works effective March 25. The repairs to the DeSoto Marina are 90% complete and should be finished this week. Coronado boat dock repairs will begin next. The DeSoto pool repairs will be done in April for the pool s opening in May. The new hours of operation for the East Gate beginning April 15 will be 6:00 a.m. to midnight 7 days a week. Stan Leek, our GIS Coordinator, has mapped 10,500 of the 18,500 Garland County parcels. The Christmas Day storm debris pickup by Saline County is progressing and should be completed in the next few weeks. The bid for Garland County portion of pickup will be back Monday and will start next week. Director Leeming asked what the impact will be on the fiberoptic cable being laid on DeSoto Blvd. Linda Mayhood advised they are laying DSL which was already in their upgrades. She stated she uploaded 560 names and addresses to AT&T in St.Louis who are having difficulty obtaining AT&T services. Linda will find out what impact this will have for people who do not have AT&T service. Director Cooney stated he had requested information over eight weeks ago regarding information on golf data. He believed there is no integrity in the transfer of information and there is no data. He requested the Director of Golf and Chief Financial Officer prepare a white paper on what it would take to put a system in place that has integrity that we can understand what is going on in our golf dynamics. Don Yucuis stated the delay in getting information is partly related to staff time and I.T. He stated we will get him the data this week. Director Cooney stated he was told we lost the data on annuals for He wants to find how we can increase revenue in golf by finding out alternatives to drive the revenue streams and what we can do to increase the rounds. President Kosoglow would like a date of expected completion on pending action items.

3 Page 3 Standing Com. Reports: None. Standing Com. Annual Reports: The standing committee reports are available on line for review. Director Leeming stated he has received reports from every committee and staff relative to the standing committees and this information will be given to the Board at its retreat. Questions from Audience: Presentation: None. Stephanie Heffer and Ginger Tanner, Trails Com. Chair, reported on the Trails Master Plan. She thanked members of the committee for their hard work. Stephanie stated they attempted to give the Board an overall look of what the trails will look like when fully developed. There are currently a total of 26 miles with another miles when completed. The cost of trails depends on the terrain, bridges, culverts and how many and what size trails and can range anywhere from $3.50 to $7.75 per foot. She showed the trail map which fulfills the objective of the committee which was to provide trail access to multiple neighborhoods/areas of the Village. It does provide more access to the southern regions of the Village along Balearic and we ll be able to tie the Hernando Trail to the Balearic trail via Cedar Creek. The major pieces are a potential bridge crossing at the Balboa Spillway near Ponce that would connect the Balboa Dam trail to the Beach area, ultimately connecting it to the Magellan Beaver dam trail on to the Balearic Trail all the way to Coronado Fitness Center. Another new piece is start from Coronado Center to the RV Park. They have plans for future development of the RV Park by adding pavilion space to provide a nice park environment. Ginger stated they are hoping to replace the mapping signs on the trails. Discussion followed the presentation. Next year s plans are to extend the trail from Coronado Fitness Center to the RV Park and extend trail from end of Remax development on Ponce and connect to the Promesa trail head. Stephanie is to the trails map to the Board. Revised Visitor Policies: Director Keck led the discussion relative to the revised Visitor Policies after review by Attorney Don Schnipper. Discussion followed relative to the following: Item 25 - POA members are ultimately responsible for the actions of their sponsored visitors/guests at any POA facility/amenity.

4 Page 4 Item 26 Visitors, contractors or workers are not allowed to use any POA amenities while in HSV unless such use is approved by the POA. Director Owens stated he does not see clear guidance in these. Item 28 Discussion was held relative to non work days for contractors. Item 24: Who ensures renters sign POA approved rules/regulations document upon renting a property in HSV? Item 22: POA authority to tell someone they can t sublet? Item 18: Short term visitors (less than 30 days) are not authorized to sponsor people into Hot Springs Village with the exception of Los Lagos guests who are granted member privileges for the duration of their stay. This does not apply to people with an assignment. Item 8: Practice of issuing gate pass sponsored by a church. Item 9: Need to better define work hours for contractors. Director Bryant stated when we try to keep it broad and open to interpretation he doesn t believe it will be enforced. We have a solution looking for a problem. He believes this ought to wait until we get a new Police Chief and General Manager. Director Owens concurs with Director Bryant and in its present state he could not support this. Item 14: Problem with photo I.D. requirement by Don Schnipper for ingress and egress. Item 16: POA lot, block and addition (LBA) number has everything that is needed to know about the property owner; presently, gate personnel do not have access for checking the LBA number. Item 1 and 2: Discussed will and should. Director Keck stated this will probably go away. Dir. Bryant suggested that we may want to consider not charging for car decals. Consider electronic entry for vehicles. Item 3 thru 7: Discussed 30 days for short-term visitors.

5 Page 5 Director Cooney stated there is a lot of work to be done if we change the policy to make sure it is implemented and evaluated. He is concerned that our system is applied consistently. He would like to know the plan for procedures to be changed and training of employees. Director Bateman believes this is a replacement of the system that is broken. Questions from Audience: Beverly Salisbury, 7 Rodriguez Tr., advised she appreciates the work and effort of Director Keck and Committee and encourages the Board to support every effort to strengthen our security. The security of the gated community is one of the main attractions of the Village and would encourage new residents if they saw that we had some strength in our policy. Requiring every vehicle to display something that proves they have a right to be in the Village is very desirable. The initial change to a new system such as Director Keck is proposing would be challenging because we haven t done this in the past. Once we do make the changes, we will become accustomed to it and they will be accepted. She suggested the terminology to be at the work site rather than work day for contractors. Sue Mefford, 21 Arias Way, 9 year gate volunteer, stated she knows that most people appreciate the fact that not everybody can come in here. There is no consistency in the way things are handled. This is a problem for those who really would like to do their job right. She suggested going to the gate and watch for one three hour shift as it is a real education. Nancy Harlan, 13 Barcelona Way, retired Texas Attorney, commented on the possible change in the Protective Covenants. She reviewed the Assessment and Assumption of Developer Rights and Don Schnipper s legal opinion on whether POA has the authority to change the Protective Covenants without the property owners vote. She advised these are not available online and the assumption is a governing document. She stated that Don Schnipper asserts that we do have the authority on our own to change the covenants. This is his legal opinion it is not an opinion or ruling from a court of law and there other opinions on this subject. The Board has the following control over our Village: The Board can make changes to POA rules and regulations, changes to the policies and POA Bylaws but if you also have the sole authority to make changes to our covenants, then you control everything related to the Village, except increases in assessment and Board election. This is an awesome amount of authority and she stated this alarms her and should alarm the Board. Because the Protective

6 Page 6 Covenants run with the land and they are connected to the deed and title they have an impact on the ownership of our property. Every POA and HOA she has known has vested the changes in Protective Covenants to the property owners themselves and our Declaration so states. Before you take any such action I hope you will treat this matter with the serious attention it deserves and possibly seek other legal opinions. Or in the alternative, uphold your fiduciary duty and simply call for a formal vote of the property owners giving us the authority to decide changes in our Covenants. These Covenants have a far reaching and long-term impact on our property ownership. She hopes the Board will consider what she has said. President Kosoglow stated the Board has indefinitely deferred any action on the Covenants until a later date. Bill Behan discussed the golf trails. He stated they need to be publicized. With reference to property owners being responsible for the minors, he stated he would be scared to death if one of his guests got in trouble, especially a minor, and he thinks that is a big stretch. Need to consider how you are going to implement and clarify the rule. Mike Medica discussed the annual Rotary Club Flea Market and how they can be responsible for people attending the sale and keep them from going to other areas of the Village. Director Owens thanked Mr. Medica for running for the Board. Joe Moreau updated the Board on the Dog Park. They now have the 501(c) 3 in place and formally formed Friends of the Dog Park, have Bylaws, officers in place, joined the Chamber and have been working hard to get organized. They have raised $17,000 for the Dog Park to date. They want to be on the Board retreat at which time they will ask for authority to proceed with the park. Joe Moreau stated dogs outside the Village will be allowed to use the park and must get their dog registered in the Village to use the park. Keith Brown suggested the Board increase the assessment as now allowed in the Declaration to help operate the Village. Adjournment: The meeting adjourned at 10:30 a.m. followed by an executive session. Follow-up to Board Meeting:

7 Page 7 1. Linda to find out from AT&T what impact laying of DSL along DeSoto will have on services by AT&T by Director of Golf and CFO to prepare a white paper on what it would take to put a system in place that has integrity that we can understand what is going on in our golf dynamics by President Kosoglow would like an expected date of completion on pending action items. 4. Stephanie to the Board trail map by