1/24/2015
Board Meeting, January 22, 2015
Board Members
Present:
Vice President Ken Benck Joe Claflin
Treasurer John Porter Gordon Moore
Secretary Diane Jones Sharon Carr
Suzi Combs
General Manager – James Turner
Board Members Absent:
President Mary Pracht
Director Larry Hibbs
Board Meeting Began @ 7:25 pm
December Minutes passed unanimously.
Treasurer’s Report passed as read during the Town meeting –
unanimously.
General manager’s Report stands as read during the Town
meeting.
Ensminger vs Chambliss vs DPOA court dates:
·
Pre-Trial - March 12th @ 1:30 pm – Circuit
court
·
Trial – April 1-3, 2015
·
Judge Linebarger
New hire – Sales Department – Cara Matthews – passed unanimously.
$4,600 donation for golf greens – passed unanimously.
- Treasurer John Porter stated this will go into the ‘general fund’ with designation to be spent on the golf greens.
Arkansas Traffic Code adopted unanimously.
Beautification Committee Liaison – Diane Jones
Architectural Committee Liaison – Sharon Carr
Social Committee Liaison – Mary Pracht
Meeting adjourned @ 7:31 (total time: 6 minutes)
Notes provided by,
Diane Porterfield
620-3167
Town Meeting – January 22, 2015
Board Members Present:
Vice President Ken Benck Joe Claflin
Treasurer John Porter Gordon Moore
Secretary Diane Jones Sharon Carr
Suzi Combs
General Manager – James Turner
Board Members Absent:
President Mary Pracht
Director Larry Hibbs Town Meeting Agenda
Financial Highlights - Dec.-14
Financial Highlights - Dec.- 14
read during the Treasurer's Report
by Treasurer John Porter
Sex Offender
The following information was provided by
Chief Joel Tyner:
Vice President Ken Benck read the profile during the Town meeting of Thursday, Jan. 22, 2015.
Stats indicate: Leverl II offender - involving a 15 year old girl 'against her will'.
DPOA Attorney's Opinions
Attorney Carl A. Crow Jr. - Opinion
Provided by Vice President Ken Benck
First page & first paragraph of second page describes DPOA attorney's opinion regarding the 'Freedom of Information Act''.
For more information regarding Freedom of information, click here.
Ken Benck stated the Horizontal Property Act (HPA) was referred to in this brief written by the DPOA Attorney, with the attorney's response being "No".
Second page, second paragraph begins Attorney Crow's opinion regarding the Porterfied vs. DPOA court case.
To date, Mr. Porterfield has not received the contact information requested.
1/16/2015
Agenda Meeting ~ Jan.15th, 2015
Board Members Present:
President Mary Pracht Suzie Combs
Vice President Ken Benck Joe Claflin
Treasurer John Porter
Secretary Diane Jones
General manager James Turner
Board Members Absent:
Larry Hibbs
Gordon Moore
The meeting began just after 7:pm with the announcement of
the new DPOA Board memberà Sharon Carr. Vice President Ken Benck led Sharon as she took the oath of office. Congratulations Sharon !
This may be a good time to share the following Links:
- Financial Focus: Nonprofit board members have fiduciary ...
- Fiduciary Duty of - LawHelp.org
- Legal Duties and Avoiding Liability - A Nonprofit Board ...
New Sales Person:
The POA has recently hired Kara Matthews as a sales person
to increase golf membership and ‘outside’ play / tournaments.
- Ms. Matthews will be receiving 10% commission as reimbursement.
- Past experience: Developing Director of Mid America Science Museum
- Currently going back to school for Human Behavior Specialist.
i-Neighbors / Jerry McAnear Jr.
President Mary Pracht requested the posting of Jerry McAnear Jr. regarding 'Sex Offender'.
The following i-Neighbors comments were sent to me by Jerry for re-posting.
***
I logged into i-neighbors to read the threads because I had heard that people were criticizing Joel and the PD for DH residents committing crime outside the gate. I’m glad to see that isn’t the case. Our PD does an excellent job of “law enforcement” with the limited resources it is provided and balancing the BS of being sworn officers working for a corporation. I can imagine how frustrating that can be at times. But, I do agree to a certain extent about the comments concerning our POA.
Keep in mind that you can't elevate property values enough to rid yourself of crime. You might prevent typical street crime, like drug sales on street corners, petty thefts and keep prostitutes from walking our streets, but crime is going to happen. Rich people commit crime too. That said though, having a lot of rental property tends to bring in people who have no vested interest in the community. Not that all renters are bad, but many have no regard for the property they are renting nor the community in which they live.
I own my home. Ultimately I'd like to make a bit of profit when I sell my home someday. Toward that end I want DH to succeed. Like-minded property owners need policies and efforts and activities that increase property values. We need people to own the property in which they live and stay long enough to care about the community and each other. As a whole we should all want the same thing. Sadly, not everyone in DH shares that agenda.
Keep in mind that you can't elevate property values enough to rid yourself of crime. You might prevent typical street crime, like drug sales on street corners, petty thefts and keep prostitutes from walking our streets, but crime is going to happen. Rich people commit crime too. That said though, having a lot of rental property tends to bring in people who have no vested interest in the community. Not that all renters are bad, but many have no regard for the property they are renting nor the community in which they live.
I own my home. Ultimately I'd like to make a bit of profit when I sell my home someday. Toward that end I want DH to succeed. Like-minded property owners need policies and efforts and activities that increase property values. We need people to own the property in which they live and stay long enough to care about the community and each other. As a whole we should all want the same thing. Sadly, not everyone in DH shares that agenda.
***
Alan, you are correct about following the law. I was present when Ms. Combs said POA didn't have to follow state laws. At that same meeting, a former board president said he remembered the POA attorney telling him the same thing. In reality, they have heard only what they wanted to hear. (Even the worst attorneys understand this) I am certain the attorney would have said that the POA doesn't have to follow state laws that apply directly to and only to state government and its political subdivisions (state boards / commissions / agencies and counties and municipalities). DH is none of those, therefore those laws do not apply. BUT, DH is a both, a property owners association AND a corporation. There are specific state laws that apply to both that our POA must abide by.
***
Legal responsibility for sex offender notifications lies with our two sheriff's offices. Our PD taking it upon themselves could get DH sued. Our sex offender is a level two. Laws concerning notifications are different for different levels. Level 2 does not require public / full notification. As for crimes outside our gates committed by DH residents, If you find out about it by reading the newspaper, the rumor mill, or by filing your own FOI for information from the arresting agency, great. But if a cop tells you, he could get sued, fired, maybe even arrested. And the POA (or real estate folks for that matter) cannot use information about a criminal record to discriminate against someone. Property owners can "vet" possible renters, but only within certain parameters. Sex offenders cannot live a certain distance from schools, playgrounds, etc. But anyone else can live anywhere they want. Not the explanation some wanted but... follow Alan's advice and raise property values (and rent) beyond the reach of petty criminals. You will still have crime, but at least the criminals will be richer and better looking.