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Minutes November 15, 2003 Part 1 |
BAYSHORE BEACH CLUB<P>
HOMEOWNERS ASSOCIATION MEETING
NoVEMBER 15, 2003
TED ThURMAN ;PRESIDENT DIVISION 7
MAX METCALF VICE PRESIDENT DIVISION 4
KEVIN MACPHEE CORPORATE SECRETARY DIVISION 7
LLOYD HAINES BOARD MEMBER DIVISION 3
RAY SCHMIDT BOARD MEMBER DIVISION 6
VICKI KLEBE SECRETARY/TREASURER
Ted Thurman calls the meeting to order at 1:00PM.
Pledge Allegiance to the Flag.
Ray Schmidt: "Congratulations to Edna Comstock for being the oldest Real Estate agent in the State. On December 7, from 2:00pm to 4:00pm at the Waldport Senior Center, there will be a 90th Birthday party for Edna.
Patty Benjamin, with the Seal Rock Fire Department, has organized a canned food drive. On Saturday, November 29, 2003 the Seal Rock Fire Department will be driving their Fire Engine through the entire Seal Rock District. A donation box is at the Bayshore Beach Club office for anyone who wants to make a donation of canned food.
Introduction of Board Members.
Board members introduce themselves. Mary Lou Morris and Dan Norton are not in attendance.
Approval of Minutes from last meeting.
MSP Lloyd Haines motions to approve the minutes from September 20, 2003. Ray Schmidt seconds the motion. No vote taken. Minutes approved per Ted Thurman.
Committee reports.
a. Budget Committee - Gail Watrous Chairman
At the first meeting of the Budget committee it was decided that we would take a look at the 2003-2004 Budget and make any necessary revisions and prepare a long term Capital Maintenance plan. At the second meeting we finalized the revisions for the 2003- 2004 Budget and work is continuing on the long term Capital Maintenance plan. We are also looking at reducing expenses such as insurance, accounting and propane. The revised 2003-2004 Budget included the costs for the Tennis Court and the exterior walls of the Clubhouse and the estimated costs for Pool repairs. At our next meeting we will be working on Policies and Procedures as requested by the President and begin working on the 2004-2005 Budget. We request that any Committees submit requests for budget items for next year.
Not a lot to report at this time. Several new houses are scheduled for construction, a couple of houses up on Parker, one down on Alsea Bay Drive.
This is the first report for this Committee. Committee members are Naoma Clark, Kevin MacPhee, Della Schmidt and Lana Thurman. There is a questionnaire located in the Bayshore Beach Club office, that the Social committee would like the homeowners to answer for feedback on what kind of activities the homeowners enjoy doing. In addition to activities we will be welcoming new property owners to the community. The committee currently has a budget of $500.00. Prior to the next election of the Board members we would like to hold a "meet the candidates" gathering, so whoever is interested in voting and being involved has the opportunity to meet the candidates prior to the election. Nothing has been planned at this time until the questionnaires have been returned.
Questions & Comments from property owners.
George Taylor: "I just looked at the residential community rules and you are out of line in 6 out of 7. No public beach accesses? You have no control over it that is a state law. There has to be public beach accesses. No fireworks? The beach is State property you have no control over fireworks on the beach. No boats or RVs on properties or roadsides? That is a Bayshore Road District youre overlapping and saying they cant allow things on their property. No camping? State law allows camping on the beach. No fires in dunes? Its State property, its a state park they can have fires they can have camping on the beach. The leash law again, State property. No parking on streets? You are usurping the authority of the Road District. There is also nothing in the constitution that I know of that allows the Board or anyone else to fine property owners."
Reply by Ted Thurman: "Just a short answer to that. You are wrong in all of your counts."
George Taylor: "When you tell me Im wrong, what is your authority?"
Ted Thurman: "Im trying to get to that if you would let me speak. That form that you have in your hand has been submitted to the Bayshore Beach Club attorney for him to review, to find out if any of the laws or anything on there have been violated or will be violated by posting the sign. In talking to him yesterday, the only thing that we cant post is "No public beach access." Everything else is in accordance with our C & Rs, our By-laws and to the States ruling. The State has a no fireworks ruling in the State Statutes. Leash laws are in effect for the State and County, not just our community. We came up with a few ideas in the last couple of months as to the communities problems and we sat down at a few Board working sessions to talk about the biggest problems we had in the community. One of them was being able to let everyone know what the By-laws, C & Rs and State rules are. The majority of the problems that have arisen from the feedback that we have gotten from the community have been from short term renters. People here for a weekend, people here for a week. Most of them dont know about the rules of our community, some of them know because some of the rental agencies have them sign a form as to those rules. We have to post them at the beginning of our residential community, to put everyone on notice that comes into Bayshore that this is a community, it is not a resort and there are rules for the quiet enjoyment for everybody in this State. Based on that, we went forward to take a look at a sign for the entrance, to put people on notice that this is expected of them in this community, because most people dont know. We are presenting it today. The wording has to be changed for "No public beach access" everything else is legal and can be done according to our attorney Mr. Bartoldus."
George Taylor: "In the early 1980s an agreement was reached between the IRS and the State Department of Revenue concerning the status of profit or non-profit organizations like the beach club. At that point it was agreed that these types of things would not happen. Now I would suggest you tell your attorney that and have him look at the agreement because you are playing around with becoming a non-profit organization, if that happens this whole beach club will be in an uproar and you wont be able to do anything."
Ted Thurman: "Based on your suggestion, we will have the attorney check that out and see if that is going to impact this community."
Lloyd Haines: "I have a question for George. What is it that is happening that you feel is going to jeopardize the tax status?"
George Taylor: "Because their was a C & Rs and a constitution in effect at that time which became a part of the agreement and was not to be changed without the concurrence of both the IRS and the State Department of Revenue."
Lloyd Haines: "I understand that but, we are, obviously in your opinion, committing something that puts us in jeopardy. My question is; what is that exact thing that we are doing?"
George Taylor: "The fines would put us into a profit organization."
Lloyd Haines: "I was present at a fine of in excess of $2000.00 that was issued and it was all cleared through the attorney. It had to do with manufactured homes and it was all looked into. There are a lot of misconceptions about profit and non-profit organizations. We could generate $100,000.00 a year here, selling things, and putting the money into the treasury. It depends on how you sell it. You would have to do something illegal to lose your non-profit status. Whats the difference between a sale and a maintenance fee? A maintenance fee falls under the scheduling of a non-profit organization. If I wanted to change the status of this building and instead of charging a rental fee it could be changed to something called a maintenance fee, it would totally change the picture by the wording. Everything were doing is going through the attorney."
George Taylor: "I guess one of my main concerns is the Board has done good work, they stopped a fish plant from being constructed, they stopped storage sheds from being constructed and they were instrumental in getting the UGB stopped so that a homeowner didnt have to pay $40,000.00 for a sewer hook-up. The problem is when we get into this we are pounding little teeny nails with a sledge hammer. I havent been notified of anything that was going to come up at the Board meeting. I couldnt get a copy of the C & Rs I couldnt get a copy of the constitution because the office has been closed all week."
Duane Peltier: "Sir, Im the web master for Bayshore Beach Clubs web site. The C & Rs for each Division are posted on the website. If you dont have a computer you can go to the library and use theirs and print out what you need, its free."
George Taylor: "Im 76 years old and I will be damned if I will learn the computer to satisfy anyone."
Ted Thurman: "If you would like to get a copy, Vicki is in the office Monday through Thursday from 9:00am to 1:00pm. Copies are available and have been for a very long time.
Bill Power: "I was just wondering if this agreement document exists between the State and the IRS.
Ted Thurman: "We will be looking into that. We will have our attorney take a look at that." We dont want to violate any rules. Thats why we are getting it approved through the attorney."
Connie Abercrombie: "There is a 5 day grace period according to the Planning Committee for parking of RVs at your home for loading and unloading. Are you going to hold to that or are you going to have a tow truck come in and pull these vehicles out?"
Ted Thurman: "If there is a five day grace period, five days is 72 hours. To re-direct your question, there are a lot of boats and RVs that are continuously parked at homes, on the sides of the roads, through out this community, through out the year for long periods of time. In the past a letter has been generated from the Planning Committee to the homeowner. The majority of the time it is short term renters. Its a big problem here in Bayshore because of renters not knowing what the rules are of what they can and cannot do."
Connie Abercrombie: "My question was are we still going to get the 5 day grace period?"
Ted Thurman: "Yes, sure, absolutely, five days."
Martha Schell: "What do you mean no parking on the street? How are these contractors going to build a house and not be able to park on the street? And when I have a lot of guests at my house, I always park up on Bayshore to get more parking spaces in my driveway. What do you mean no parking on the street?
Lloyd Haines: "Those vehicles arent sitting there for 30 or 45 days, are they?"
Martha Schell: "No! Parking on the street should come under the Road District."
Ted Thurman: "Excuse me, Glen Morris and I discussed this. This is a problem for them too."
Bob Stein: "How are you going to enforce all of this?"
Ted Thurman: "The intent behind this was for the short term renter. To let them know there are rules in this community and that they should abide by them."
Bob Stein: "You can have signs, you can have rules and amendments and everything else but the practical point is, if you cant enforce it, it goes out the window. Ive got commercial property, Ive got signs on it that your car will be towed away and everything, it has some effect but not a lot."
Lloyd Haines: "And thats the point, it has some effect." Your right, the legalities of doing anything anymore sucks, we all know that. There isnt much we can do about it. Its Ive got mine, screw you attitude that most people have. If you dont have certain things in place you wont be able to do anything at all, period. There is a sequence of events that has to lead up to being able to enforce something. If you leave out one little loop hole they throw you right out of court then you have no enforcement. All of this is being done under guidance; it isnt some off the wall thing weve thought up. There is a definite sequence of events that has to take place to enable the Board to have any authority to enforce that if they have to. The Board is not out to hassle anybody for having parties and parking cars in front of their homes, what their after is people who park their motor homes down on Oceania that are half out onto the pavement and that sort of thing, this isnt a vendetta against the homeowners, were you!"
Kathy Foss addresses George Taylor: "On that No public beach access, that just means for public coming off the highway, not for people who live in Bayshore. I think he got that confused."
Ted Thurman: "These are public roads that we have in Bayshore. The gentleman is correct. We do have public beach accesses which are governed by Bayshore but donated to the public for public access."
Kathy Foss: "Then why are we posting "No public beach access"?
Ted Thurman: "I just got through saying a little bit earlier, that is the only wording that has to be changed. You have to remember this is proposed and is being passed through the attorney as we speak and is not in concrete. These are proposed things that we are taking a look at based on the request of homeowners, the Planning Committee, etc. to put people on notice when you enter this community."
Kathy Foss: "We have property up in Seal Rock off Orcas Drive and it has a sign posted "No public access, and we have beach access on our land and its up and down the coast in all communities."
Ted Thurman: "Just because its there doesnt mean its legal."
Neil Hare: "Has the Board considered running this by the property owners for a vote?"
Ted Thurman: "Not at this point, because its proposed. Thats why we have it on the agenda today to talk about it."
Carol Botelho: "Can we re-word the No beach access, to please use designated access only?"
Ted Thurman: "The problem with that is people will have a tendency to park right where the access is, we dont have parking areas by the beach accesses, except for here. What we would like to do if the public comes in here and they want to go to the beach is have them use the parking area here and go out to the beach from here. The 2 accesses _ mile to the North and South of the club house are the ones we are talking about opening up. There isnt parking at those accesses. We wouldnt want to funnel people down to them, as they would park at a persons property or on the street. It happens a lot down on Oceania."
Casey Plooy: "You said our streets are donated, is that correct? Who patrols it?"
Ted Thurman: "The County."
Casey Plooy: "So we dont have a problem with policing ourselves, all we do is complain to the Sheriffs department and let them take care of the issue and issue the citations."
Ted Thurman: "Thats Correct."
Casey Plooy: "There you go."
Edna Comstock: "This is a recreation area, lets face it. I think its time we were interested in what you can do instead of so dam much of what you cant do."
Lloyd Haines: "Look around you. This time last year at these meetings you had 3 or 4 people who would attend, at least now we are getting some participation. The only reason any of these issues have come into play is because of complaints."
Edna Comstock: "What if you had family come into town with an RV?"
Lloyd Haines: "There is a KOA Campground up the street. My homeowners association tells me no motor homes. I built a $35,000 garage on my property just so I could have my motor home at home because of the C & Rs. Thats what the rules say I have to do, then thats what I did."
Bill Power: "Can we put up a sign saying that this is a private community?"
Ted Thurman: "It is a private residential community. It will say so on the sign. It will be a 4 x 8 sign."
Don Butler addresses Edna Comstock: "The Planning Committee has authorization to allow people to bring an RV onto their property to park it longer than the designated 5 days but you have to apply to the Planning Committee for approval. We have that discretion to be able to allow that when it has been applied for. This only applies to RVs and motor homes. It extends the houses ability to handle the number of people there. Boats are not acceptable."
Lloyd Haines: "The reason why that is worded the way it is because the minute a motor home parks out in front of some ones house I guarantee you within 24 hours Vicki is going to field at least 3 or 4 phone calls about that motor home. If those people have asked for permission, then Vicki has an answer to the homeowner. The reason we tried this is so we always have an answer if some one calls in as to what is going on."
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