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Bayshore Board of Directors Minutes

Bayshore Home | Bayshore Board of Directors

Bayshore Beach Club, Inc.

Annual Membership Meeting

May 20, 2006

Un-Adopted

In Attendance:

Nelsen Witt, President                                          Division 1

Kevin MacPhee, Vice President;                          Division 7

Connie Abercrombie, Corporate Secretary           Division 4

Bill Stephenson, Director                                      Division 5

Norman Fernandes, Director                                 Division 6

Mary Gilbert, Director                                           Division 4

Sandie Eckerson, Secretary-Treasurer


Directors Absent:


Roy Taylor, Director                                               Division 1

Don Butler, Director                                               Division 2

Call to Order by President Witt at 1:10 PM

Quorum was verified by Connie Abercrombie as Corporate Secretary.

Norman Fernandes questioned Connie Abercrombie as the Corporate Secretary as she was appointed to the position not elected by her fellow directors. Connie said there was no one else to hold the office as a director could not be Corporate Secretary if they were running for re-election. Norman felt Connie should have been elected officially.

MSP

Bill Stephenson made a motion for Connie Abercrombie to be Corporate Secretary. Mary Gilbert seconded.


Yea vote:         Bill Stephenson

                        Mary Gilbert

                        Kevin MacPhee

                        Nelsen Witt

Nay vote:         Norman Fernandes

Mary Gilbert wanted to amend the motion to make the appointment of Connie Abercrombie retroactive to when we all thought you were Corporate Secretary. Bill Stephenson seconded. Norman Fernandes asked how can we make it retroactive when it wasn't, it was just voted on now. I don't know if it makes a difference. President Witt said Connie had been in that position so retroactive to that point. Bernie Straight, Division 5, said the Board already passed the motion it can not be passed again. The Board would have to go back and do it the right way. Mary Gilbert asked according to whom. Bernie answered Robert's Rules of Order. Mary said we are not operating by Robert's Rules of Order here. We have never formally adopted Robert's Rules of Order as a method of conducting the meetings although we discussed it. Kevin MacPhee called point of order that it was another subject. Mary said well, he brought it up. Norman Fernandes called point of order, Roy Taylor brought it up (using Robert's Rules of Order) and it was passed. President Witt said it was a different subject altogether, the motion was passed.

Introduction of Candidates

President Witt introduced the candidates. Jim Harlan from Division 4, Maren Taylor from Division 2, Jack Ofelt from Division 7. The other candidates who are running are currently members of the Board, Kevin MacPhee, Norman Fernandes, Bill Stephenson and Don Butler. Don was unable to attend today.

Nominations from the Floor

Joseph Vandehey, 1717 Canal St, nominated Ray Hunt from Division 3. Mary Gilbert asked had Ray Hunt been contacted and had he agreed to serve? Ray Hunt said yes, he had agreed.

Collection of Outstanding Ballots

Connie Abercrombie as Corporate Secretary collected outstanding ballots. Ballot Box was declared closed.

President's Report

Thank you to the Nominating Committee for doing a great job, they are: Jane Hamblet, Sylvia Higuchi, and Bill Stephenson. The Budget Committee also did a terrific job under the leadership of Jack Woods. The members on that committee were Mary Locker, Bob Platt, Connie Abercrombie and our Secretary-Treasurer was also involved in that. We had a report on the tsunami siren is that it will be delivered in June, so sometime after that time it will be installed. The caretakers report will be next and I want to let you know that this couple is doing a real good job. Just look around the building and outside at the condition of things to know they are doing a real fine job. 

Caretakers Report

Denise Kuhn reported that everything is going good. The pool is ready to open Saturday, May 27. We still need a roller cover. We have the tarp but need the roller cover so when we put that over the pool, we are not straining backs and it will slow down the tearing that is already begun on one end. The estimate is for $2250.00 which includes install. Otherwise we are ready to go. The kiddie pool is covered so no safety issue there, plants are out as are the chairs.

Budget Report

Jack Woods said the budget for the next fiscal year was mailed in the election packets and there are copies available at the sign in table. The budget was put together about two months ago by a small group of Bayshore members and our Secretary-Treasurer, Sandie worked close with me and was a great help with us. We talked to the caretakers for their opinions on the expenses involved with the work that they do. The budget as a total reflects the people who actually do the work around here, our employees. There is a small surplus of $2500.00 which will go to the reserve fund. Denise Kuhn talked about the pool cover and you will notice there is nothing in the budget about the pool cover. The reason for that is when we made the budget we did not have a decision about a cover, it was not covered through the winter. The budget committee was not qualified to make the decision about a pool cover. If a pool cover is purchased in the next 5 weeks it would come out of this fiscal year's budget anyway. I only mention this to explain why the cover did not show up in the budget. The other possible change has to do with the tsunami siren. When we wrote the budget we thought it may be an item for the next fiscal year so was included in the budget. We have lately learned that it might be delivered in June, so would be paid for in this fiscal year accounts.

Member Comments

Norman Fernandes asked why the item "Re: Planning Committee-Norman Fernandes" was removed from the agenda. President Witt said if you want to discuss it, it will be in the regular Board Meeting. It was something you added and we felt the Board didn't put on. Norman asked who is we sir. President Witt said it was he. Norman said if this is a membership meeting perhaps we should ask the membership if I should be allowed to speak on that subject. (Applause from the members) President Witt said it is not on the agenda and it is not going to be put on the agenda. We had no information from anyone that you wanted it on the agenda. Kevin MacPhee asked if a member from the audience could bring this topic up.

Rikki Kirzner, Division 4, said she just moved to Bayshore and volunteered for the Planning Committee. I attended a meeting 2 weeks ago and got my first inclination of what was transpiring. I have very serious concerns that I want the Board to address as soon as possible. What is going to be done to ensure neutrality of the Planning Committee and the ability of the Planning Committee to truly be able to regulate the C&Rs regarding the building issue under the current circumstances? My concern is that without experienced people on the Planning Committee right now, without an initiative by the Board to make sure that an appropriate number of members of the Board as well as appropriate representation by the Planning Committee be in representation where there is an issue or dispute. What is going to be done to protect Bayshore with regards to planning processes? I believe that we need to have this business discussed by the Board as soon as possible since there are still issues of development that are on the table that are not being addressed. President Witt said that will be a priority of the new Board, they will take care of that. Joe Vandehey, Division 3, said he was a 30 year resident of Bayshore, a former Chair of the Planning Committee, went to school for engineering architecture, has real estate license, has a hazardous waste abatement license from DEQ, raised kids here, have grandkids, and am concerned for Bayshore also. First and foremost let's be neighborly, real neighborly. We all came here: we have more in common than we have against each other. Please remember that through all these discussions. I have heard a lot of rant and stuff. Personally the thought of a fine schedule, to me, is reprehensible. It is also un-neighborly. I will leave it at that. I wish the new Board good luck and if you need some history on the Planning Committee I am more than willing to help. Steve Fitzgerald, Division 4, we love coming here and love the lot. We are in the process of submitting plans for construction of our home. Despite whatever issues are surrounding the Planning Committee, the short term for me is do you have a contingency plan for those that will be submitting plans or plans you have so that they can be moved through the planning process in a timely fashion. If they are not, it will cost me and my builder as he is chomping at the bit. You can expect plans from me to be submitted within a week or two. Bill Stephenson said there will be a transition period with the Planning Committee and the Board of Directors. It is also the Board of Directors and the officers to maintain the business of Bayshore Beach Club. We will try to do our best to accommodate problems such as yours. Norman Fernandes stated to the President that since there was a response from Bill Stephenson, he would like to also respond to that. Norman said he was absolutely right that business must be carried on. However, we must stay within the C&Rs and the By-Laws when this is done. I do believe a meeting was held and papers were signed….President Witt said that was not part of the discussion. Norman said he thought it was because it was brought up. President Witt called Norman out of order. Carol Botelho, Division 7, was curious why there was a meeting and Norman was asked to resign or fired, whatever it was. President Witt said that was a decision that was made by the Board and the Board has that authority to remove or replace their appointees that are put on committees or even officers if they feel there is enough cause. Many members asked what the just cause was. Why are we without a Planning Committee? President Witt said when we break for cookies you can sit down and talk to Norman. The members said no, they wanted an explanation. Norman Fernandes suggested to President Witt that this should be held in the open. When Jack Whipple was removed, he got a chance to defend himself. I did not. I did not attend the meeting because it was an illegal meeting. President Witt stated that Norman chose to boycott the meeting and I would have preferred that you had been there to defend yourself as all the Board of Directors would have, but you chose not to come, by your own choosing. We assumed you could have cared less. Norman asked do you really believe that? President Witt said yes. Norman said he is ready now. President Witt said this isn’t the forum right now at this time. Rosanna Creighton, Division 7, said it is the annual meeting. President Witt said we will have a meeting of the Board of Directors and if you want to talk to the Board, the Board made the decision not this group. Norman wanted to ask one more question, this is an Annual Meeting not a Board of Directors Meeting and is the subjects and everything else determined by the Board or the members present. Mary Gilbert said the Board. President Witt said everything put on the agenda was the Board decision. He said we will now break for coffee and cookies. The members disagreed strongly. Rosanna Creighton, Division 7, stated that she had been to many Annual Meetings and had never seen one handled like this, a dictatorship. These people have a right to be heard, these people have a right to ask questions and you have right to answer those questions. Norman has a right to speak and it's at an Annual Meeting, you can not cut off his discussion, you are taking his rights away, you are corrupting him and you destroyed the Planning Committee by your actions. At least let this man speak. (Applause) President Witt said it was not the intent of this meeting to debate actions. When you talked about Robert's Rules of Order in your discussions, it is not a debate between people to talk to this Board and we will give Norman a chance to talk and we will limit him to six minutes.  Norman Fernandes said as everyone knows I was removed from the Planning Committee and the Board has the power to do that. However, first I was told that I couldn't be on both. A motion was made and passed to make me make a choice. I asked that it wait until the election came up so if I wasn't re-elected I could stay on the committee. That was passed. Subsequent to that I was removed by the Board, when I was not here because I did not think there was a quorum. However, since then a meeting has been held and documents have been signed. The motion was made by Bill Stephenson saying that a member of the Board could not be on the Planning Committee at the same time. Yet he did so and we had a meeting with everybody there from the Board including Mary (Gilbert) and all these other people here. We were not. Mary said she was only there only to pick up her Board packet. Nothing was done while we were there, myself and Don Butler. When we left and I came in the next day I found that documents had been signed and among them, Connie, Nelsen, and Bill signed documents to ok plans and they were not even on the Planning Committee. We have to have a Planning Committee. Our C&Rs or By-Laws say how many there should be, maximum, minimum there should be a vote. None of this was done. Bill said it was in the interest of carrying things forward, and I'm glad he did say that, but we still have to abide by the rules. The reason I was fired was because they said I went to the lawyer without asking permission. I did ask Nelsen and received permission to do so after I asked him to poll all the Board members and he told me that they were not available. I contacted the attorney and asked him if I should write a letter, he said no he would do it himself. He called me back several days later, or maybe even a couple of weeks to say a meeting had been set up by the other party's attorney. The next day I saw Nelsen here in the clubhouse downstairs and mentioned to him that that is what was going to happen. He neither gave me permission or not, he just acknowledged that he heard it. The fact that I brought up a lot of bills, yes, but Mary alluded that it was $1,000.00 in the Minutes. It was $792.00 which is a great amount. There was nothing wrong that I specifically did. Maybe it was unpopular, maybe especially Mary, thought that I did some horrible things. I don't think that I did. I'm still off the Planning Committee anyway, because they can take me off. However, I don't think it was right, and they proceeded in such a manner that those members of the Board created a situation where the Planning Committee ceased to exist and filled in and took it's place. So we can’t say they did it to respond and keep us going because their actions caused it in the first place by not following legal things. I could go on forever but, President Witt said we are not going to go on forever. He wanted to make a point about Mr. Fernandes. Mr. Fernandes did call me and ask to call the attorney for some advice. I said that was probably a good idea. As it turned out the attorney wrote a letter and charged us $200.00 an hour when he talks to you. He wrote the letter and arrangements were made for meetings here and there. I wanted to make sure you understood the process that happened. The May 3 Meeting Minutes were distributed so if most of you should have received those. If you go through there you will see the give and take and what all happened at that May 3 meeting. Mary added and the prior 2 meetings. Mary Lou Morris, Division 1, number 1, I would personally like to thank the Planning Committee for all the hard work they have done this last year. Our esteemed President forgot to say that. They work harder than any other group. I know, I was on the committee for over 2 years. Mr. Witt you alluded to this May 3 meeting, since you brought it up, I think the membership needs to know it was an illegal meeting. If you refer to Robert's Rules of Order that you guys adopted last spring as well as the Homeowners Association guide, it states that you have to have quorum present in order to have a Board meeting. It is my understanding there are currently eight members on the committee and only four people were present. It is also my understanding that a proxy was used to establish a quorum. If you will relate back to Robert's Rules of Order and Homeowners Association, proxies can not be used for the Board. Proxies can be used for membership meetings such as this one. I would also like to take the opportunity, and I said this at the March meeting, I am very concerned about the meetings that I have attended and have listened to Board members, not all of them, but the majority of them say that it is not their responsibility to enforce the C&Rs. You really need to read your By-Laws and the C&Rs and I hope to shout that with the new Board they will go back and will follow the By-Laws and the C&Rs. That is their duty as elected people representing the membership. Thank you. (Applause) President Witt said he was not aware of anybody saying that the Board of Directors don't have the responsibilities to enforce the C&Rs. Our governing documents which the people who started this place set down the rules. This was the way it was going to be run. They set down the CC&Rs and it does specifically say the Board of Directors does have that responsibility. They are mandated to set up an Architectural Committee or a Planning Committee to fulfill that role. They are appointed by the Board of Directors so I'm not aware where this came from because we do. Mary Lou alluded to guidelines; we are responsible to enforce the CC&Rs. The guidelines are not the CC&Rs. These were guidelines made up by former Boards in which they used to enforce what they felt needed to be enforced such as the fines and all the other things. The guidelines are a tool that is supposed to indicate how you read the CC&Rs. For instance, creating new requirements.  Bill Stephenson wanted to comment that you are not really pleased with the actions the Board has taken, but they are people who have volunteered for us to take this position, I did, unfortunately. Also, you elected them to carry on the business of the Bayshore Club and there has been a great deal of harassment from quite a few people. Would you please read your C&Rs and your By-Laws, the Minutes of the meetings that have taken place. I am not going to get into a long discussion of reasons why Norman was removed. One of them is the Planning Committee has put the Bayshore administration or club in the position for some pretty bad retribution suits from people they have gotten involved with. As part of the officers to protect the Bayshore administration as well as anything else. The part of job is to help protect you people as well. Kevin MacPhee said he would like to know specifically why Mr. Fernandes was removed or why this harassment. For the record I want to know. (Applause) Bill Stephenson said he just made the comment. Kevin said can you be more specific. How did he put this association in jeopardy? Bill Stephenson asked is this proper for the Board to give out information of the attorneys' cases that are still not settled. Ok then we can't discuss it, it can be discussed in a Board Meeting but not in public. Norman Fernandes said by telling the attorney to back off that pretty well ended it so we can discuss it and it has been brought up and emails for everyone to see. Bill Stephenson said the last letter from that lawyer stated that he would put it on file and wrote a letter to Seretts' and Taylors' if they want any more information they are to deal directly with Bayshore Beach Club. That still puts us on the line; we are not out of that woods yet. Norman Fernandes said he agreed with that but your interpretation but can you be specific as to what I did wrong. What specifically did I do wrong? Bill replied the specific problem was that this was the dividing of members of holding both positions on  the Planning Committee and the Board of Directors. The conflict of interest of wearing two hats to have a double vote with the situation. Also, Norman, when you went to that lawyer, there was three of us having no knowledge of that taking place whatsoever, we had no information. We did not vote to have you to take an action or vote for Mr. Bartoldus to take an action and get us into a legal action at that time. That is one of the main reasons. The other reason you were starting on another one and were going to run us down the same road again. That is the reason I preferred to take the actions I did at that time, continuous actions of that. Now I am not saying you didn’t try your best, you did try to do your job. There is a problem here. All these people, including me, are amateurs out here. We are not professional people, doing the best we can to what we feel should go on with the administration. That is were it stands. Norman Fernandes said he did ask Nelsen, and maybe there was a misunderstanding but I did ask for permission to contact the attorney that's all, because we had to stop this building. Mary Gilbert asked because what. Norman repeated we had to stop this building before he finished, before things proceeded too far. Mary asked how far along was it. Norman replied the foundation had gone up, the frame, the windows and that was the very first knowledge I had that something was wrong. I told the lawyer what was wrong and he sent them a letter. I don't see how a lawyer sending a letter to them puts us at risk because he surely wouldn’t put himself at risk besides that. The reason I went on to the next item was because it was brought to the attention of the committee, by one of the committee members who lives close by, that there was something illegal going on. We investigated, sent the letter, the response didn't do any good. Quite honestly we have never run into a situation where someone created their own height variance. So I went to the Board asking how should I proceed now because nothing has been asked for. At that time I got some advice from Mary (Gilbert), if she lets me I can tell you what she said. Mary said she didn't know as it was executive session. Norman said yet you have said things in email what I said and what you said in executive session. So what is the difference? Mary said she didn't care. Bernie Straight, Division5, made point of order. We have gotten way, way, away from the agenda.  I think the catfight back and forth shouldn't be at a Board meeting and all these people have to listen to it. Get it straightened out, give us a report so we understand what is going on, right now it is back and forth. Point of Order is to get back on the agenda.  President Witt said to have coffee and cookie break. Carol Botelho, Division 7, wanted to speak about the tacky unsightly wooden garbage crates that are accumulating along the roadsides, many of them haphazardly placed and encroaching on the public right of way. There is absolutely no reason for these to even exist when they are overfull and the lids will not close tightly the crows and seagulls have a feast, tearing the bags and strewing garbage all over the place and then the wind carries the trash all over the streets and into others yards. This happens with unsightly dumpster also. Homeowners and vacation rental owners have ugly contraptions say they need them to contain their cans so they don't blow away. However, there is a much better and simpler solution to keep our yards and our streets clear from trash. Dahl Disposal will go up your driveway to your house for only an additional cost of 50 cents per can per month. For one of the vacation rentals on my street that has four cans, this would be an additional $2.00 per month for this service. I would like to believe that those homeowners who care and charge up to $150.00 to $300.00 per day rental fees could easily afford this small increase in their bill to help keep our community clean and our neighborhoods happy. I am imploring you the Board to do something about this deplorable situation. Good, decent communities do not let this happen to their neighborhoods so should we. Eliminate them completely. Ugly dumpsters don't belong here either.

Break at 1:55 PM            Coffee and Cookies provided by the Bayshore Women's' Club

Dahl Disposal

Nick Dahl from Dahl Disposal Company explained the changes that will be coming up. In January 2007 the company will be going to a fully automated process for pick-up service, which means the truck will reach out and grab the cans, dump them and set them back down. There are 3 sizes of cans, 35, 65 and 95. We provide the cans. We will be starting recycling in 2008 due to the expenses of purchasing trucks and so on. Jack Ofelt, Division 7, asked about the back yard service. When the driveway is steep will your employee walk up there and get the cans? Nick Dahl said yes, as long as the cans are visible from the front of the house. They can't go around back of the houses. The cost will be $2.50 per household with limit of 3 cans. The cart covers that can only be accessed from the top will have to have a front opening put it. OSHA will not allow us to lift from the top out due to injuries. There has been a rate increase approved that is coming in July of this year. For curb service the cans need to be within 3 feet of the curb. Rosanna Creighton, Division 7, asked about the article that came out in the local newspaper. Nick Dahl said that the newspaper article had errors in it. We will be sending out more information to everyone. If you have more questions call me, Nick, at the office in Waldport.

Call to order 3:15 pm

Board of Directors Election Results


Kevin MacPhee            Division 7       229 votes   3 years

Jim Harlan                    Division 4       225 votes   3 years

Bill Stephenson            Division 5       215 votes   3 years

Maren Taylor               Division 2       211 votes   2 years

Norman Fernandes      Division 6       196 votes   2 years


Ray Hunt                     Division 3         18 votes   1 year

Jack Ofelt, Division 7, had 196 votes and Don Butler, Division 6, had 177 votes.

Nelsen Witt, Connie Abercrombie and Roy Taylor are continuing their present terms.

Meeting called to order at 3:20 PM.

Kevin MacPhee said the Minutes of March 18, April 15 and May 3 should be approved by this Board before the new Board is seated.

MSP

Mary Gilbert made a motion to accept all three Minutes from the last three meetings.

Bill Stephenson seconded. Kevin MacPhee suggested that each meeting be approved of separately. Norman Fernandes called point of order. Mary Gilbert said the motion was seconded before the point of order was called. Norman said it doesn't matter Robert's Rules says you can break in and say what you have to say. Norman did not feel that the May 3 meeting was legal and he did not think the Minutes should be accepted until there had been a ruling on that, the other ones would be fine with him. Mary Gilbert said the Minutes could be corrected at any time in the future. We are just adopting those Minutes as they are written. Bill Stephenson said you are not making a law. President Witt said there are no requirements under Robert's Rules of Order that the Minutes be accepted. They are accepted unless someone has a reason that don't agree with them, that have a correction.  Bernie Straight, Division 5, said the motion was made and seconded, unless there are corrections it is accepted and move on to the next. Norman Fernandes said he made a point of order but President Witt can rule how he wants to on it. Bill Stephenson called for the vote.

Yea vote:            Connie Abercrombie               Nay vote:    Kevin MacPhee

                        Bill Stephenson                                         Norman Fernandes

                        Mary Gilbert

Minutes for a three meetings are accepted.

Mary Lou Morris, Division 1, believed that since there is a question about the legality of the meeting on May 3, she did not believe those Minutes should be approved until such time as it can be determined whether that was a legal meeting. If it was not a legal meeting everything that took place there should be null and void. Mary Gilbert said that doesn't have anything to do with accepting the Minutes. President Witt said that has nothing to do with whether we accept it or not. The Minutes have been accepted and there have been no decision if that was a legal meeting. It is not open for debate.

           

Bayshore Beach Club, Inc.

Board of Directors Meeting

May 20, 2006

Nelsen Witt invited the newly elected Board members, Maren Taylor, Jim Harlan and Ray Hunt to come up and join the Board.

Nelsen Witt opened the election of officers to the Board. He started to pass out the ballots but Kevin MacPhee questioned why it was going to be secret. Kevin objected to the secret ballot. He said this is a new group why don't we just talk to each other? Bill Stephenson said just leave it open. Nelsen Witt asked what the opinion of the rest of the Board was. It was decided to do a show of hands to do the vote. Connie Abercrombie nominated Nelsen Witt as President. Bill Stephenson seconded it. Norman Fernandes nominated Kevin MacPhee as President. Jim Harlan seconded.

Connie Abercrombie voted for Nelsen Witt

Bill Stephenson voted for             Nelsen Witt

Nelsen Witt voted for                     Nelsen Witt

Kevin MacPhee voted for             Kevin MacPhee

Norman Fernandes voted for             Kevin MacPhee

Maren Taylor voted for            Kevin MacPhee

Ray Hunt voted for                     Nelsen Witt

Jim Harlan voted for                     Kevin MacPhee

The vote was tied 4 for Nelsen 4 for Kevin.

MS

Bill Stephenson made a motion to defer the election of Board officers until everybody is available or until the next meeting. If everybody is available sometime in between I think we should get it done. Sandie Eckerson, Secretary-Treasurer said if there are no officers there would be no one to counter sign checks to pay bills. Bill Stephenson said we would maintain the offices as they are until such time we can elect properly. Nelsen Witt asked if that was for all three offices. Norman Fernandes said we should try for this one to see how the vote goes, if the votes are tied then we do all three. Bill Stephenson said we will be in the same pot.

MS

Bill Stephenson amended the motion to as soon as all the Board members are available to have a special meeting for electing offices that we do that otherwise we do it at the next regular meeting. Norman Fernandes seconded. Jim  Harlan voiced his concern about putting the motion in the form that all Board members be present, there can be somebody, one of us.…. Bill Stephenson said then you bring a proxy vote. Jim said he thought there would be some horse trading behind the scenes. He thought it would unnecessarily tie the Board's hands. Bill said nobody is doing anything. Everybody is represented that way. Jim said the motion was when all the Board members were available. All I'm saying is when the President calls a special meeting of the Board, assuming a quorum is available, then we can hold the election without putting that added requirement of all Board members. Bill said all Board members should be able to vote on that. If they are not able then they should send a proxy for that. Norman Fernandes questioned if the proxy would be legal for that. Bernie Straight, Division 5, said proxies are not used on a Board and you do not have to have everyone available. If the Board member for whatever reason chooses not to attend, there is no vote for that member. Bill Stephenson said everybody is entitled to a vote. Jim Harlan said then have council for the association opine on it and if you are not satisfied with the opinion then looks to alter the By-Laws. My vote is very important to me so I would make every effort to be here but the reason a proxy is not available is oftentimes a debate among Board members occurs responsible Board members will change their positions. That is why proxies don't work in that situation. Bill Stephenson said that is reason I would like to see everyone available to do it. Norman Fernandes read from Robert's Rules of Order "In order for the action to be valid then it must be agreed to by a majority vote at a regularly scheduled meeting. Every Board member has been notified. A quorum---a majority of the Board members in office, if no different number is set by the By-Laws---must be present. If the By-Laws authorize the Board to do so, it may be by video conference or internet so long as all persons participating can hear each other at the same time." Bill Stephenson said that is another avenue. Norman was not sure in our case that it would work or not. He didn't know what else to do.  Kevin MacPhee asked if the members had any input on this. Skip Smith, Division 3, asked what positions do you have on the Board. Kevin MacPhee answered, President, Vice President and Corporate Secretary. Skip Smith suggested going ahead with the Vice President and Corporate Secretary. Can't the Vice President sit in in the absence of the president? Kevin MacPhee said the person who didn't get President may want to be Vice President. He did not think we could resolve the next two positions until the President position was resolved. Bernie Straight, Division 5, said that the President could not vote except in a tie vote. Norman Fernandes asked Sandie to say what the vote would be without the President vote. Sandie replied that without Nelsen Witt's vote the vote would be 4 for Kevin MacPhee and 3 for Nelsen Witt. Norman Fernandes said we could go that way. Norman started to make a motion. Nelsen Witt asked where did this information come from, are you using Robert's Rules of Order? The answer was yes. Nelsen Witt said the Board had never accepted Robert's Rules of Order. Bill Stephenson said Nelsen is right. Everybody votes and the President votes last, he is the tie breaker. Norman Fernandes said if it is not a tie breaker then whatever the majority votes goes then. Bill Stephenson said yes. Norman said in his opinion Kevin would be the new President. Connie Abercrombie asked who all voted for Kevin. Bill Stephenson counted 4 for Kevin and 3 for Nelsen, then Kevin would be President. Norman Fernandes said it is a way out. Connie Abercrombie asked if they each voted for themselves. The answer was yes. Jack Woods said when you announced new members of the new Board that was the Board. The old Board no longer exists. Can't have two Board of Directors. The purpose of this meeting is to elect your officers; if you have a tie then I suggest you draw lots. Kevin MacPhee said he agreed with Jack Woods even though it would put him out of the Presidency. It is a new body, there are no officers and that is what we are here to do. It was suggested to draw straws or flip a coin. Rosanna Creighton, Division 7, Nelsen has been President for a whole year, why not flip President and Vice President. Think about it. Kevin MacPhee asked the Board members if they would agree to a coin toss. Everyone agreed. Kevin MacPhee deferred to Nelsen Witt to call heads or tails.  Nelsen called heads. Norman Fernandes tossed a coin towards the audience and it came up heads. Nelsen Witt is the President.

MSP

Norman Fernandes made a motion a nominate Kevin MacPhee for Vice President. Jim Harlan seconded. The vote was unanimous for Kevin MacPhee to be Vice-President.

Bill Stephenson nominated Connie Abercrombie for Corporate Secretary. Norman Fernandes nominated himself for Corporate Secretary.

Jim Harlan voted for Connie Abercrombie

Ray Hunt voted for Connie Abercrombie

Maren Taylor voted for Norman Fernandes

Norman Fernandes voted for himself

Kevin MacPhee voted for Norman Fernandes

Bill Stephenson voted for Connie Abercrombie

Connie Abercrombie voted for herself            

Vote: four for Connie Abercrombie and three for Norman Fernandes. Connie Abercrombie is the Corporate Secretary.

MSP

Connie Abercrombie made a motion to raise the dues $10.00 to $150.00. Norman Fernandes seconded. The vote was unanimous to raise the dues.

Set Time of Regularly Scheduled Board of Directors Meetings

President Witt said traditionally the time of meetings have been 1:00 PM on the third Saturday of the months stated in the By-Laws. July, September, November, January, March, April and the Annual Meeting in May.

MSP

Connie Abercrombie made a motion to set the time for 1:00 PM. Norman Fernandes seconded. The vote was unanimous to have the meetings set at 1:00 PM.

Appointments

President Witt said we need to appoint the Secretary-Treasurer yearly according t the By-Laws. Sandie Eckerson is currently in that position.

MSP

Norman Fernandes made to motion to appoint Sandie Eckerson to the office of Secretary-Treasurer. Bill Stephenson seconded. The vote was unanimous to retain Sandie Eckerson as the Secretary-Treasurer.

Kevin MacPhee gave the names of the pool attendants to be approved by the Board. They are Lisa Hall, Kim Williams and Russ Starnes. They were interviewed by Kevin MacPhee, Denise Kuhn and Sandie Eckerson. They appear to all be good candidates.

MSP

Kevin MacPhee made the motion to appoint Lisa Hall, Kim Williams and Russ Starnes as pool attendants. Norman Fernandes seconded.

Yea vote:            Kevin MacPhee                     Abstain from vote:            Ray Hunt

                        Norman Fernandes                                                    Jim Harlan

                        Maren Taylor

                        Connie Abercrombie

                        Bill Stephenson

Kevin MacPhee wanted to comment on the search for candidates for the pool attendants. He suggested we raise the wage to make the job more attractive in the future. Norman Fernandes asked if the members who abstained would be in the record. The answer was yes. Connie Abercrombie volunteered to be available to cover breaks or absences.

Planning Committee candidates

Norman Fernandes said that one of the candidates withdrew her name, Rikki Kirzner. Connie Abercrombie said that John Montgomery had said he was interested. President Witt said Bernie Straight is also interested. Norman Fernandes questioned Bernie how he would approach enforcement of the C&Rs or would he. How did he feel about it. Bernie responded that is what we are supposed to follow. He does not let personal get involved. Norman Fernandes said he knew he was not popular now at the Planning Committee but even in an unofficial way he offered to show where everything is, forms etc. as long as there are enough people on it and to help in any way he could. President Witt said if anyone else is interested please notify us. Ray Hunt asked if all names needed to be submitted now or will we have a special meeting to go over this. President Witt said we would have a special meeting. Norman Fernandes said that Neil Hare has not  officially rendered a resignation from the Planning Committee. He has been out of town for a couple of weeks. Maren Taylor nominated Don Butler to the Planning Committee. Don Butler is out of town so could not confirm if he would be willing. President Witt said a special meeting will be called as soon as possible to appoint members to the Planning Committee. He asked if there were any more comments from the members before we adjourn.

MSP

Connie Abercrombie made a motion to adjourn the meeting. Jim Harlan seconded.

Meeting was adjourned at 4:05 PM

 

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