Ashbrook Community Association

Minutes for Board of Directors Monthly Meeting

July 14, 2009    7:00 PM

Ashbrook Community Center

Call to order at 7:01 PM

Present:  Sue, William, Don, Catherine, Bill

Quorum established

 

ACS Representative: Charles Small

 

Motion:

To approve the agenda for  July 14, 2009

By Bill , second Sue   Motion carried

 

Motion:

To accept the June 9, 2009 minutes as amended

By  William, second Don        Motion carried

 

Old Business

 

President’s report: Sue Herr

Sue announced the results of the recent election of officers. She will continue as president and Bill Ruitenberg will be the new secretary. She thanked Pat Donniger for the outstanding job she did as secretary over the last year plus.

 

Vice President’s report:

No report

 

Treasurer’s report:

By Don

For a detailed report of the finances, please contact Don directly

In checking account - 

Ending balance checking:  $68,641.

Ending balance in money market: $30,227.

 

 

Secretary report:

No report

 

Board member report:

No report

 

Management report:

By Charles Small, ACS West representative

Copy of all violations for past year was provided

 

Standing committee reports:

 

Safety and Security:

By William

National Night Out will be Aug. 4, 2009

Mc Gruff “Crime Dog” hopes to make an appearance. Free ice cream will be provided. Event being organized by Pat Tavenner and Sandra Willets.

 

Social committee report:

By Sue for Stephanie Provo

Family picnic for all residents will be Oct. 10, 2009

 

Finance and Audit committee:

By Angela Day

No Report

 

Architectural Review committee:

By Don Heldt

ARC Report 7/14/09

1.  Letter and certified letter sent to Susan Stuckey on June 22nd. which revoked the conditional approval for front yard landscaping (Friendship Garden) granted 10/21/08 and requires the front yard be returned to lawn status by reseeding  or sodding  by July 21, 2009.

A reply letter postmarked 6/27/09 was received asking for a little more time.

ARC, on 7/7/09, responded extending front lawn seeding or sodding date to 9/30/09, all other requirements of our letter of 6/22/09 remain in effect. Letter and certified letters were sent, certified letter was refused and returned to sender.

2.  Two requests to inspect finished projects were received.

3.  Application was received from Donna Snyder dba Mama Donna's Childcare to operate a daycare at her residence 7812 Winding Ash Court.  All information was forwarded to Ashbrook attorney for opinion.

Buildings and Grounds committee:

By Bill Ruitenberg

Resurfacing of tennis courts has been completed. New Tot Lot is complete. Bids have been received for new roof on pavilion and new lighting for sign on Hull St. Arrangement has been made for Dennis Chumney to do bush hogging in common grounds area for $450.00

 

 

 

 

Lake subcommittee:

By Jerry Oakley

Dennis Chumney will rent backhoe and clean out cove behind community center for $700.00. Algae problem in lake has been minimal this year probably due to excessive rain.

Special committee reports:

 

Exploratory:

By Sue: No Report

 

Historical document:

By Catherine: No Report

 

 

New Business

 

President: Resolution introduced regarding use of residence for commercial business as follow:

I move that the Board adopt the following Resolution:

 

                                    WHEREAS, paragraph 4 of the Declaration of Restrictions and Conditions Ashbrook, Section 12 (“Declaration”) provides that “All lots shall be used for residential purposes only”;

 

                                    WHEREAS, paragraph 7 of the Declaration provides:  “No noxious or offensive activity shall be carried on upon any lot, nor shall anything be done thereon which may become an annoyance or nuisance to the neighborhood.  No use shall be made of any lot which will depreciate or adversely affect the value of the surrounding lots or of the neighborhood.”

 

                                    WHEREAS, the Association’s Board of Directors has a fiduciary duty to protect the best interest of the Association and its members and fiduciary duty to enforce the applicable covenants and restrictions;

 

                                    WHEREAS, Donna S. Snyder, co-owner with Gerald B. Snyder of Lot 19, Ashbrook, Section 12, with a street address of 7812 Winding Ash Court (“Lot”), has made application to the Chesterfield County Planning Department for a Conditional Use permit to amend the applicable zoning so as to allow her to operate a day care business out of the Lot with the capacity of up to 12 children;

 

                                    WHEREAS, Ms. Snyder’s day care business, a/k/a “Ma Ma Donna’s Childcare”, cannot be lawfully operated from the Lot without the granting of a Conditional Use Permit by the Chesterfield County Planning Commission;

 

                                    WHEREAS, Ms. Snyder’s application for the Conditional Use Permit is on the agenda of the Chesterfield County Planning Department for Tuesday, July 21, 2009;

                                   

                                    WHEREAS, Ms. Snyder’s use of her Lot to operate a day care business is in violation of the Declaration, and her erection of playground structures on her Lot require written approval by the Association’s Architectural Review Committee (“ARC”);

 

                                    WHEREAS, Ms. Snyder submitted her application for the Conditional Use Permit to the County prior to making application to the ARC for a home based business, nor has she applied to the ARC for the structures on her lot, such application for a home based business being finally submitted to the ARC on July 7th, 2009; and

 

                                    NOW, THEREFORE, in consideration of the foregoing, the Board hereby unanimously resolves as follows:

 

1.                   The operation of Ma Ma Donna’s Childcare on the Lot is a non-residential business use of the Lot in conflict with paragraph 4 of the Declaration.

2.                   The operation of Ma Ma Donna’s Childcare on the Lot is a use of the property that depreciates and adversely affects the value of the neighborhood in conflict with paragraph 7 of the Declaration.

3.                   The Board shall initiate all reasonable efforts in opposition to the application for the Conditional Use Permit.

 

 

                                                                                                                                                _____________________________________________________                           ___________

                                                                                                                                                Sue Herr, President on behalf of all of the members of the Board                                  Date

 All Board Members are in agreement

Vice President: No report

 

 

Treasurer: No report

 

Motion:

I propose that funds be appropriated in the amount of $1,320.00 for Hill Electric Co. to install new lighting for the sign at main entrance on Hull St.

By Bill, 2nd William                   Motion carried

 

Motion:

I propose that funds be appropriated in the amount of $1,950.00 for Revel’s Roofing to replace the roof on the pavilion.

By Bill, 2nd Catherine                 Motion carried

 

 

Member voice:

 

Question: How many guests can a resident have at the playground.

Answer: Within reason.

 

Question: Have we ever considered a swimming pool.

Answer: Yes, but studies indicated it would be too expensive.

 

Adjournment at 7:45 PM.

 

Respectfully submitted by:

William P. Ruitenberg, Secretary