Special Board of Directors Meeting
August 24, 2005 3:00 pm
Nelsen Witt-President Division 1
Mary Gilbert-Corp. Secretary Division 4
Connie Abercrombie-member Division 4
Kevin MacPhee member Division 7
Roy Taylor-member Division 1
Barbara Young, member Division 3
Norman Fernandes, member Division 6
Sandie Eckerson/Secretary/Treasurer
Absent Jim Palmer Division 2
President Witt called the meeting to order at 3:03 PM. He invited members to sign in if they wanted to speak during public comment time.
President Witt recognized Roy Taylor. Roy Taylor made the announcements that:
- The west parking lot will be paved the second week in September. Parking will be in front for about a week and beach access will be to the south of the clubhouse. The stairway and kiddie pool cover will be worked on the second week in October. These are hazardous areas of the clubhouse.
- I volunteered to act as Parliamentarian because we have not received any volunteers to be parliamentarian yet or any nominations for parliamentarian. So I would like to remind everybody that this is a business meeting of the board. Any comments come at the end of the meeting. As parliamentarian, I will warn you three (3) times when you are out of order.
The final item is that I would like to ask for the indulgence of the board to make the following motion.
MSP
I would like to move that Dawn Sudmeier be appointed to the board of directors. Kevin MacPhee seconded the motion. Discussion followed as to whether Division 5 would have anyone to represent them. No one has stepped forward from that division. Mary Gilbert called for the question.
Yea vote Barbara Young
Roy Taylor
Kevin MacPhee
Mary Gilbert
Connie Abercrombie
Nay vote Norman Fernandes
President Witt said the Minutes from August 13, 2005 were next on the agenda for approval. Norman Fernandes made a motion to adopt the Minutes of August 13, 2005. Kevin MacPhee seconded the motion. Motion carried unanimously.
Resolution
Mary Gilbert said she was raised that if you feel like you made a mistake then you should try to make it right. She then read into the record the following resolution.
Resolution:
To rescind the motion approved at the BSBOD meeting of August 13, 2005, which refers to the recommendation to the Board that would empower the President, Vice-President and other officer's to approve parking motor homes on people's own property for short periods of time, for visiting friends in their motor homes for short periods of time, such as Labor Day.
- The motion was out of order as the discussion was about the group/resolution committee that was being considered being formed by the board to assist the Planning and Architectural Committee with written complaints that come in that have to with other than architectural & planning duties. This was made clear by President Witt and Planning & Architectural Chair, Norman Fernandes.
- The board has no authority to give itself or its officers any additional powers that are inconsistent with the CC&R's. The authority for granting approval of individual requests for deviation from the CC&R's lies with the Planning & Architectural Committee.
- The intent of the board was to appoint a group of volunteers to simply review the complaints as to whether a CC&R was violated, or a guideline was not followed. There was no intent of the board members to allow a committee/group formed by them to review and recommend revisions/changes to any CC&R. The intent only was to have this group assist the Planning & Architectural Committee in their duties.
Mary Gilbert respectfully submitted this resolution. Mary Gilbert asked for a call to vote on the adoption of this resolution without further discussion. Barbara Young seconded the motion.
Norman Fernandes requested permission to read the following letter into the minutes.
RV on Bayshore Properties
On August 13, 2005, the board narrowly passed a resolution allowing RV's to be parked on Bayshore properties after obtaining permission from any board member which was later amended to permission from the President, Vice-President, or Corporate Secretary. This resolution did not differentiate between RVs that belong to a property owner or that of a friend or renter. The resolution also did not set a time limit for the duration of an RVs stay nor allow for issuance of a permit to identify the RV.
At this time permits have been issued for an RV with a sticker to be present upon the owner's property for up to 5 days for loading and unloading only and are not to be inhabited (occupied?). The preceding permits have been allowed under the jurisdiction of the Planning Committee as described in the C&Rs under Article II, section 9 "Habitation of temporary structures", but more directly under section 10 "Boat and trailer storage" "No boat, boat trailer, travel trailer, camp trailer, house trailer, or similar property shall be stored on any of said property without prior written approval f the planning committee." The board itself has no authority to give such permission.
I spoke to a county planner, Jessica Bondy. She told me that 100 year flood zones mentioned in county code chapter 1, section 1.1395 says that occupied RVs can be on those properties without a home on a seasonal basis. All other properties are prohibited from having occupied RVs upon them unless they are licensed to do so, such as a RV park.
In April of 2004, a survey was sent to all Bayshore members. The first question asked if "unoccupied RVs should be permitted to park at houses". Out of 408 responding, 26% agreed and 74% disagreed. The second question asked if "Occupied RVs should be permitted on Bayshore properties". Of those responding, 30% agreed and 70% disagreed. The third question asked if "RVs should be allowed to park on the roadsides (right-of-way). Of those responding, 9% agreed and 81% disagreed. The results of the survey indicate that the vast majority of the members do not want to see RVs in Bayshore.
The present Bayshore Board was elected, in part, upon the promise that they would represent and be responsive to the members needs. Allowing board members to give permission to have RVs on properties directly contradicts the C&Rs. Having RVs on properties goes against the decisions of the members.
I would like this statement to be entered onto the minutes of this meeting.
Mary Gilbert stated that with all due respect to Norman Fernandes, she called for a vote on her resolution. Roy Taylor said he can not see what all the fuss is about, because:
- It is not against the C&Rs. The C&Rs pertain only to storage. It does not say anything about parking in a driveway, on someone's property. So this is a fallacy about C&Rs.
- This was a thing that was done when I bought my property for 20 years, the realtor told me, this what I understood from the C&Rs, that if I had someone to visit me in a motor home, they came and parked in my driveway; I could have that person there. I did this for 20 years when I had persons that had motor homes.
- When you rescind this, you rescind the committee, never to be seen again. This said the committee would study it and come up with a resolution. But if you rescind it that means there is no committee. It's wiped out, gone, never to return. I believe that the resolution committee is important; I believe they can come with good ideas for the board to consider. This pertains only to the committee but as only as an interim so that something could be done, it was passed. If the board wants to consider the fact that if you vote to rescind this, kiss that committee good-bye forever.
Barbara Young said she feels so strongly that this motion passes, that it is rescinded, even though she was very much looking forward to this group for resolution. She didn't know if Roy Taylor was right or wrong about dissolving the committee, but was sure we could form another committee perhaps another day. She just feels so strongly about rescinding it that she would vote for it.
Connie Abercrombie said she never supported the need for the committee. The planning committee can take care of the complaints. On this resolution she would like to know if the intent was to only have the group assist the planning and architectural committee in their duties. If it is still going to be in existence does that mean that whatever they find they will give to the planning committee to take care of?
Roy Taylor said according to the resolution they're gone.
Norman Fernandes pointed out that the board voted on two (2) different issues. We voted on the motion to have the motor homes and the committee is mentioned in that. We voted, also, on who would be on the committee as a separate vote.
Mary Gilbert called for the question of the vote.
President Witt said with the understanding if it should be decided that the committee goes if this is approved, what is your feeling on that.
Mary Gilbert it is my feeling that the committee still stands. It was appointed by this board and it is two (2) different, separate issues. I am quite sure of that.
President Witt said in our by-laws we agreed to go by Roberts Rules of Order.
Mary Gilbert said she did not have a copy of the by-laws that state Roberts Rules but irregardless she believed Roberts Rules that you can rescind certain motions and that you can do so, in the future, by resolutions.
President Witt pointed out that there are certain restrictions and time-frames on rescinding.
Mary Gilbert said this has been the first opportunity since the last meeting and is trying to correct what she perceived to be a mistake, especially on her part, not knowing how the rest of the board feels. That is why she called for a question on this resolution.
President Witt said the question has been called to rescind the motion that was approved at the last meeting.
Yea vote Norman Fernandes
Barbara Young
Kevin MacPhee
Mary Gilbert
Connie Abercrombie
Nay vote Roy Taylor
The resolution passed to rescind the motion.
Norman Fernandes asked if at this time, can we re-form the committee. Roy Taylor said no, according to Roberts Rules of Order when you rescind, you rescind everything in that, so the committee is rescinded. Mary Gilbert said no, that is not true. Roy Taylor said we are opening a can of worms.
President Witt said the motion to rescind was approved. As far as establishing a new committee, he would approve to wait until a different time. They are not connected anymore; someone can always make a motion later. Kevin MacPhee asked can a new motion be made to get this new committee restarted again. Mary Gilbert said it is already there, it's formed, and the people are on the committee. We can move right along with this agenda.
Resignation of board member Germani
President Witt said this has already been taken care of earlier. Dawn Sudmeier was nominated and accepted this position. Dawn Sudmeier was invited to come and sit at the board table.
Member comments
Milt Schweppe, Division 3, thanked Mary Gilbert for her resolution. There should not be RVs on the properties.
Mary Lou Morris, Division 1, spoke regarding the motion that was rescinded. It was in direct violation of some of the articles. She was glad that the motion was rescinded. The other issue was that the board needed to look at the by-laws and it does say that wherever possible, every division is to be represented. It sounded like you have two divisions now that are not going to have representation for their division, so if there is another vacancy coming forward, you should look at having representation from those divisions.
Rosanna Creighton, Division 7, thanked Mary Gilbert for her resolution. Some members felt so strongly about that motion that they gave her their proxies even though we were not voting as a membership, that's how important it is. She made a suggestion to President Witt that we used to have a policy that when there was a motion made and there was discussion that the audience could participate and ask questions about things before you vote for them. She thought that was very important, because having us all wait until the very end to make comment after you have already voted on these and it's already old business is not as effective. She did not find that the audience monopolized the board's time so much as to be a burden. She thought the board should encourage members to come, encourage them to speak up in a respectful manner. She also thought the board should fix it so everyone can hear clear to the back of the room.
Mary-Lou thanked the board for listening to people who called them or talked to them about the RVs. She really appreciate that the board took it to heart. She was hoping that the board would listen to the two divisions that are not represented, who may not even know they are not represented anymore.
Ardess Christensen, Division 1, said it is really important the board recognized that it was not a good thing to have RVs in Bayshore. It is so important to do what the C&Rs say.
Don Butler, Division 6, spoke regarding the C&Rs. What is missing is the fact that the C&R Guidelines were established somewhere in the'70s and are a guiding light, so to speak, for the planning committee and the board to make decisions that are somewhat consistent. They have not always been consistent in enforcement but the guidelines are the interpretation of the C&Rs that gives some continuity to what goes on. What is being overlooked here is that the guidelines do exist and answer a lot of questions about both construction on site and also the business of how what you do affects your neighbors and what your neighbors do affect you. The guidelines have been revised from time to time because there were some interpretations that were perhaps not to everyone's liking, but the C&Rs have not been revised.
Bill Kemper, Division 1, thanked Mary Gilbert for the resolution. He drove out here from Corvallis because he was so upset about the possibility of having RVs coming down the road. It was his understanding, whether it was in the CC&R's or not, that they were not allowed.
Executive Session
Mary Gilbert made a motion to adjourn to executive session for discussion of legal and employee-related matters. Barbara Young seconded the motion. The motion carried unanimously.
The meeting reconvened at 4:25 pm
President Witt asked Sandie Eckerson to read the two (2) decisions into the record.
Sandie Eckerson reported that:
- It is a consensus of the board to contact Attorney Bartoldus with questions regarding the Hayes case, to make a decision in about a week.
- The caretaker position-we had 3 applicants and have finished with the interview process and we have one (1) more step in order to make an informed decision.
Also, Mary Gilbert tendered her resignation as Corporate Secretary, not from the board, just from the office.
President Witt asked for nominations for Corporate Secretary. Kevin MacPhee nominated Dawn Sudmeier for position as Corporate Secretary. Connie Abercrombie seconded. Motion for Dawn Sudmeier to be Corporate Secretary carried unanimously.
Kevin MacPhee made a motion to adjourn the meeting. Connie Abercrombie seconded. Meeting was adjourned at 4:35 pm.