Annual Meeting 12pm Gilford Public Library Conference Room and via Zoom
Trustees Present: John McGowan, Kimberly Staaf, Jose Diaz, Kathleen Butler, John O’Brien.
Office Administrator: Lily Rausa
Moderator: Deb Sullivan
Owners Present: 35 properties represented.
12:04 Meeting is opened by Kimberly Staaf, Kimberly introduces herself followed by the remainder of the trustees. Jose Diaz will join later. Kimberly explains the meeting procedures and the use of Roberts Rules. Kimberly asked Deb Sullivan, the moderator, to explain
Deb Sullivan:
Explains the Guiding Principles of the meeting:
• Everyone has the right to participate in the discussion before anyone may speak a second time.
• Treat one another with dignity and respect.
• One Speaker at a time: Don’t interrupt.
• Be open-minded.
• All discussion will be held to the end of each agenda item.
• Motions and discussion will be at the end of the meeting.
After being recognized the member can introduce a motion when no other motion is on the table. Only one motion can be discussed at a time. A motion requires a second to be considered. If there is no Second, the matter is not considered. Each motion must be disposed of (passed, defeated, tabled, referred to committee, or postponed indefinitely).
John M, 2024 Budget: Reviews 2024 Budget briefly as it was analyzed in detail at the Budget meeting on September 2, 2023. Encourages questions after his review.
We’re forecasting to be generally on target vis-a-vis the budget we set last year.
As a reminder: We set the budget based on historical and predominantly contracted costs. The dues are set to match the costs with the objective to have a profit/loss of zero.
Non-Mooring Budget
The main driver of the dues are the costs we have for running the Trust. Seventy-eight percent of the costs are contracted. The contracts range from 2 – 3 years and are a result of a competitive bid for the services.
The principal items driving the other 22% are:
· Maintenance costs incurred because things are getting old and need to be repaired – 7%
· Legal 6.25%
· Internet, (gate and web-site), bubblers, electricity, postage and other miscellaneous costs.
Mooring Budget
To increase transparency, we separated out the costs to show how mooring dues are spent. Again, the mooring fee is set to equal the expected costs
· JB Dive: Installing and taking in the mooring field (Contracted)
· Safety & Maint: Replacement of balls, shackles, and chains (per quote from Watermark)
· Registration of mooring balls with the State of NH
· Misc: Repair dinghy racks and repositioning mooring pads
· Accrual for next new dock
Balance sheet/Cash position
TD Bank: Main account for managing the Trust. We separated the cash to show the amounts attributable to Mooring and non-Mooring activities. In reality, these amounts are co-mingled.
TD Money Market: Used as a buffer for unexpected expenses. Any money used is “refunded” by the Main account. Also available to cover catastrophic events.
Edward Jones Account: Money that is not accessed and is held principally for catastrophic events. In the past, dividends from this account were deposited in the Money Market account. They are now reinvested in the high-quality funds recommended by our Professional Board Member from Edward Jones. The specific funds are: An Income focused ETF (DVY); A Growth focused ETF (VUG); and a Core Bond mutual fund (ONIAX)
John M: Gate is working well. We had one repair early in the season due to a lightning strike. The cameras have helped with security, and together with the reports we can generate, have enabled us to determine who has damaged property if it occurs.
Kimberly S: Grounds are managed by Properties by Pete who are doing a great job in the spring with clean up and mowing during the summer. His rates are reasonable, and he works with us when issues come up.
The bushes were pruned back for a better lake view while sitting at the beach, but keep in mind we are limited by the State restrictions limiting how much and how often we can cut.
Over the winter some trees fell on the courts, and this was cleaned up. The fencing and the gate latch will be repaired.
Tennis Courts are used a lot more since the pickle ball lines were installed, it is very nice to see people using the courts more.
Unfortunately, we cannot use the fobs at the tennis courts since there is no electricity, so we’ll continue using the combination lock.
Q: Can the courts be Blown off I have to bring a leaf Blower
A: Yes, the courts are blown off each week as part of the Grounds Maintenance scope, but debris will fall in between the time that Properties by Pete does it after the mowing. In the past we had left a push-broom, but it was stolen, so feel free to use your own method.
Q: Can we Park at the tennis courts?
A: Yes, parking is right there on the asphalt
Response: You mean we can drive right up to them?
Kimberly Staaf: Yes, you can on the paved area in front of the courts. This is also overflow for the beach.
Kathleen: Beach Update:
· Reiterated what a great job Properties by Pete does
· Cleaning company also does a great job
· Issues with the bathrooms this past season and Penco was called several times and we became plumbers to fix some issues. Penco may need to replace the toilets down the road and this shouldn’t be too expensive for a standard toilet
Q: Can we ever get a floating raft like Samoset has?
Kathleen states this was brought up and Kimberly did extensive research last year.
A: Kimberly states:
Last year I contacted Cross Insurance, they searched 18 carriers 99% were not interested because of high risk. Kimberly also spoke to the property management at Samoset who told her that was put in by a private resident and it is not insured. It is in a high-risk category and all this is documented in the meeting minutes last year that can be viewed online. The association does not want to pay for such a high risk and it is very costly.
Owner (Doug Kenyon) states “I would like to say the beach has been really clean all summer and curbing the Short-Term Rentals has helped make the beach feel peaceful again.”
John M: We have a budget allowance to fix some boards at the swim dock
Kathleen: Down the road we may need to replace it all with something like Trex or a composite but for now only the boards that need replacing.
John M: Reads Mooring Update from Jack Kelley, Harbormaster (Jack was not present due to family obligation)
2023 Season Mooring Field Review
2023 Mooring Holder Turnover:
· 2 jet ski moorings turned over: One moved to a vacated boat mooring and one simply left the field
· 3 boat compatible moorings turned over:
o 1 moved out from jet ski holding
o 2 were the result of holders giving up their mooring (one got rid of boat, one moved to a marina slip.
** We will have at least one turnover in 2024 as we rescinded a mooring holder’s privileges due
to failure to comply with the terms of mooring holders’ contract after repeated warnings.
2023 Mooring Waitlist Turnover:
· As of this meeting the waitlist is 92 persons long. Given the average of 2-4 moorings turning over each year, it is a very long wait!
· We experienced a total turnover of 16 waitlist applicants — highlights are:
o 3 applicants from the top of the waitlist left because they were awarded moorings
o 3 applicants dropped as did not want to pay special assessment
o 6 applicants dropped because they sold their homes.
** We will be commencing with a formal application form for the waitlist going forward.
Historically we have documented waitlist requests via email with the required information. We
will now request that information via a “terms & conditions” agreement which waitlist
applicants will be required to sign. This document will confirm the applicant’s
acknowledgement of the Requirements for eligibility and sustained use of a mooring in
advance.
Further, the waitlist terms & conditions agreement will stipulate that waitlist applicants who
repeatedly violate the general beach use rules and/or engage in antagonistic and disrespectful
behavior to members of the GACPT will be removed from the waitlist.
New Mooring Dock:
The general feedback has been positive about the enhanced stability and synthetic decking of
the new dock. We had to lay down 2×4 braces on the side this year due to the record high
water for much of the early part of the season which was threatening to lift the decking
sections off from waves pushing up from underneath. Those will be removed at the end of this
season and hopefully will not be necessary in the future.
UNFORTUNATELY, the dock, for being brand new, looks older than its 1 year because it appears a number of vessels decided to dock by smashing into the down-posts, ripping chunks out. Just remember if you damage it you will need to pay to fix it!!
2023 seemed to have an unusually large number of complaints about non-mooring holders
taking up the dock (pro-tip: The mooring dock is for mooring holders only, not beach members
and their guests with rental boats). Also, boats taking up dock space for much longer than the
15 min also proved a more frequent complaint, so please be considerate. Guests/boat luggage
should be staged and ready to go before a holder ties up.
Q: Questions about the waitlist, mooring field and how it works
Kimberly Staaf: Jack is constantly moving things around according to the mooring holders and the vessels. Jack is there almost every week monitoring the dock and the mooring field
Question from Phil Kuc: So, if I am on the list it does not matter if I have a boat or a jet ski? Jack will fit it in?
A: Yes, he is always moving things around
Allen: Can we apply for 2 spots?
Kimberly Staaf: No only 1 application per owner.
Kimberly Staaf: Any other questions? Ok we will here from Jose on Amenities and Short-Term Rentals
Jose Diaz: I do not have too much new to report except the Towns new rules requiring STR to register with them and or apply for a variance if need be. There are 4 registered so far and 2 have applied and gotten approved for their variance requesting overnight guests according to the sleeping areas they have. The town was contacted and stated this is a slow process.
John McGowan: We know that fewer renters are using the beach although some are certainly slipping by. The bigger problem this year has been with smoking and vaping on the property.
Jose Diaz: Stated this is all our property and although I don’t get down there a lot please let us know if you want to say something
Q: Are there No Smoking signs down there?
A: Yes. No Smoking and No Vaping signs are posted.
Q: (Joe Molloy) STR regulations was that a board decision?
A: Three years ago Kathleen asked for volunteers to be on a committee to address the problems we all felt from use of the amenities by short-term renters. The committee suggested forbidding short-term renters from using the amenities. The Board agreed with the committee’s recommendation and implemented it.
Joe Molloy: Well maybe there should have been a vote by all or we can have a vote all on this still.
Kimberly Staaf: Any other comments…None…moving on
Kimberly Staaf: Greenspace Committee (GSC)
Three years ago we sent surveys for committees on interests and the GSC was formed. 3 appointees were named Leah Stamp, Steve Feeney and Theresa Martens. These individuals have accepted terms such as: Stamp for 3 years, Martens for 1 year and Feeney for 2 years. Next year’s ballot will have a spot open for Martens term ending.
Kimberly Staaf states the GSC has done a great job in their role in reviewing the applications thus far. We have had one application received so far, but expect a couple more very soon.
Back to Kathleen on Kayaks/Boats/SUPS
Kathleen: All vessels must be out by 10/15/2023 hopefully they will be but now on record we can hopefully call if not. Thank you to Jim Guzman for building the additional racks and they were all full this summer.
Beach will close Nov 1, 203 and reopen May 1, 2024.
Q: I like to go down there in April why is it May 1?
A: Liability issues as the trust is insured on May 1 and it is very muddy down there. You can walk down though. Response was yes that is what we do.
Kimberly Staaf: Moved on to the motions.
Deb Sullivan:
I, Deb Sullivan, propose the following;
To change the trust document to reflect that any increase in dues, fees, or assessments for any services or improvements in which costs are not previously budgeted for to be brought before the body for discussion and a majority vote at the annual meeting, except for emergent need. In an emergent need, a special meeting shall be called and offered both virtually and in person for the above stated purposes.
Q: how is this any different than what we do now?
A: There is no difference we vote on these. The dock was mentioned in the 2022 it just came up earlier.
Motion was seconded.
Janice and Joe Molloy:
Joe Molloy: First, I want to know why my motions I submitted in 2022 were not voted on this year?
Joe Molloy stated he had already had 5 motions from 2022 annual meeting that should have been on ballot/up for vote this year.
A: Kimberly responded with I am sorry I do not recall. Kathleen was bringing up the 2022 minute meeting notes for reference and they were not seconded and therefore not on this year for a vote.
Joe Molloy: No one asked them to be seconded. Isn’t it the job of the board to make sure. I think the board failed then because this was not done.
A: It would have been done for sure by the moderator. No one seconded so it was not on the 2023 agenda.
No Board members recalled that being the case. Kathleen found minutes from 2022 Annual Meeting, which included the following: No major policy decisions can be made by trustees without approval from membership. No changes to operations can be made without approval from the membership. These two motions can be made and seconded. Not done.
After much back and forth the motions were made for this year:
1. That the annual meeting be held in May at 10 am and all subsequent meeting be held at 10 am. so that the upcoming beach operations and seasons can be discussed. Historically it was always held in May. Motion was seconded.
2. Assessment levied by the Board of Trustees should be illegal. Any monetary expenses should be included in the budget and approved by the membership. Motion was seconded.
3. Any monetary expenses shall be included in the budget and voted by the membership. Motion was seconded.
4. No major policy decisions can be made by the Board and must be voted by the membership. Motion was seconded
5. No changes to operations (i.e. the fob to gain access to the bathrooms) can be made without approval from the membership. Motion was seconded
6. Any motion proposed and submitted shall be published in the annual GACPT notification and agenda. Motion was seconded
Teresa Martens:
Next motions: Theresa Martens, who introduced herself as being on the Green Space committee and who said meetings with the Board have gotten better as the considerations/limitations have become known.
I would like to propose 4 motions:
1. Term limit on positions on the Board – limit of 2 consecutive 3-year terms. I believe this is in the best interests of all members, allowing consistency yet does not promote stagnation/blocking of new ideas/methodologies/techniques to manage the Trust’s assets. Motion was seconded.
2. Motion to amend the Trust Document to voting at mid-point in the annual calendar for any changes requiring a vote – to be done in person and via proxy (both email and snail mail). This would help speed up needed adjustments vs waiting an entire calendar year to vote, allowing the Trust to react more quickly to various scenarios. Motion was seconded.
3. Motion to create a set of bylaws. These are subsidiary to the Trust Document, which is always the final ‘say’. Most associations and clubs have these – they are a more detailed outline of standard operating procedures – something the Trust Document does not currently do. These would need to be formulated, distributed for review, approved by the membership, then recorded legally. Procedures such as Robert’s Rules for meetings, electing a formal President/leader of the Board, the required attendance of legal advisory services, etc could be clarified and more easily adhered to. Ideally more communication from the Board would be somehow incorporated.
Motion was seconded.
4. Motion to survey the membership so the Board can effectively act on the desires of the majority. Currently they are in a position of not knowing what most members desire, which leaves them to decisions based on personal experience. It would be highly beneficial for all members to understand what is wanted/needed going forward in terms of amenities/management/fees/greenspace use, etc. This is easily accomplished using an online tool – and for those who are not using the internet a paper copy could be turned in to Lily. Ideally this would be repeated every 3-4 years. Motion was seconded.
Jay Leary:
I make a motion to form a committee to review the trust documents. Motion was seconded.
After Motions were done Lily was called up with the voting results.
Lily read the results as follows:
To approve beach operations as proposed with an associated dues of $135
for 91 against 13
To approve the mooring field operations budget with an associated dues of $390
for 81 against 21
To elect (2) as trustee for 3 year term
Kimberly Staaf 77.5 John McGowan 69.5 Jim Guzman 37.5 Joe Geraci 15.5
Joe Molloy makes a motion to adjourn the meeting at 2:04 Motion is seconded. Meeting adjourned.
Respectfully submitted,
Lily Rausa, Office Administrator