Board of Directors Meeting
November 19, 2005

Un-Adopted

In Attendance:
Nelsen Witt, President                            Division 1
Kevin MacPhee, Vice President             Division 7
Dawn Sudmeier, Corporate Secretary    Division 7
Barbara Young, Director                        Division 3
Norman Fernandes. Director                  Division 6
Connie Abercrombie, Director               Division 4

Sandie Eckerson-Secretary/Treasurer

Absent
Mary Gilbert, Director                Division 4
Roy Taylor, Director                  Division 1

President Witt called the meeting to order at 1:00 PM.

Minutes of September 17, 2005
Dawn Sudmeier asked that the following corrections be made.
1. Page 3, MSP regarding Planning Committee, add----Barbara Young, Abstained.
2. Page 3, last paragraph, line 4, the words "The C&Rs review" should be deleted.

MSP
Dawn Sudmeier made a motion to approve the Minutes as amended. Norman Fernandes seconded the motion. Motion to accept the amended Minutes of September 17, 2005 carried unanimously.

President Witt reviewed the new meeting process. To allow membership participation in the meetings, the members will be allowed to speak before each vote. Also, all discussion will be directed to the chair, not between individuals. If you plan on speaking during the comments section of the meeting, please sign up in advance on the speaker sign-up sheet. You will be included in the Minutes.

Reports
Planning Committee
Norman Fernandes reported that things have been slowing down recently. We did not have a meeting this last week. We have had a lot of complaints, RVs, trees mostly. The Resolution Committee has taken care of almost every single one of them. We have one outstanding complaint that we are still dealing with.

Regarding the survey update, we have about 230 returned at this time. I am not giving the votes yet to avoid influencing either way. The cut-off date for return of the surveys is November 30, 2005 then we will tabulate and see what happens.

Dawn Sudmeier commented that most people included their names and addresses as the return address. Norman Fernandes said that so far cards brought in to the office have been verified by Sandie Eckerson. Connie Abercrombie asked if there was to be a verification count. Norman Fernandes responded it would be nice to and it would give a good demographic idea of who wants what. Connie Abercrombie said if the cards do not have a return address will they still be counted? Norman Fernandes replied yes.

President Witt talked about the Planning Committee and the Resolution Committee. The Planning Committee is the only committee that the Board is directed to set up. They have authority to enforce the C&R regulations and to insist that certain things get done and in a certain way. When the Resolution Committee was set up it was not established as an enforcement committee. The difference is that it is not enforcement but more problem-solving.  That is the Planning Committee's responsibility.

President Witt said he also gets a lot of calls regarding renters and rentals. The people who rent out their homes and the rental agencies have responsibilities for the behavior of the tenants. They need to let the renters know that they have to abide by the rules and regulations. If there is a potential violation, notify the rental agency or the homeowner while the renter is still on the premises to be able to take care of the problem. Do it as soon as possible, since once the renter is gone there is usually no recourse.

Dawn Sudmeier wanted to clarify the comments of President Witt. She read from the Minutes of July 5, 2005 quoting Norman Fernandes. "Norman Fernandes suggested a committee be formed to handle the issues of C&R complaints to respond quickly and efficiently" and then it goes on talking about a sub-committee to handle complaints. Then in the resolution for the Resolution Committee, which I (Dawn) wrote, we talked about the complaints would not just be limited to C&R complaints. I think defining the scope of the complaints that the C&R versus non-C&R complaints needs to be, if you have a difference of opinion on that, then we need to review it as a Board.

President Witt said if you look at the Minutes of when that was passed it was clear that they would not be enforcement or patrol committee. They were an ad hoc committee appointed by the Board, and they would be a sub-committee of the Planning Committee.

Norman Fernandes added that the Resolution Committee is not confronting owners.  When there are two owners who have different opinions, the Resolution Committee has been talking to both and trying to get them to agree without intervention from the Planning Committee. It has been working real well.

President Witt asked if there were any questions or further discussions.
(Note from Secretary-Treasurer: Due to not being able to hear the tape because of wind, airplanes and members not wanting to use the microphones, there is not a clear record of the questions and discussions)

Caretaker Committee Report
President Witt    stated that the Board has heard nothing but good things about the caretakers and said they are doing a really good job. Kevin MacPhee introduced Mike and Denise Kuhn for those who had not met them. Mike reported that as well as doing their general duties, they had to replace the inoperative kitchen stove and replaced a broken faucet in the kitchen. They have also been replacing the boards on the deck, stairs, picnic tables and general building maintenance. There are no big things to come that they have seen. Mike explained that the floor is so shiny because when he put the new grid on the deck, the granules were tracked into the room and was getting embedded into the wood floor. He applied Mop N Glo to protect the wood.


Old Business
Dawn Sudmeier gave the Tsunami Siren update. We are proceeding with the purchase. Mark Jung, Seal Rock Fire Department, has been working with us. The county and emergency services people are selecting what vendors' device will be purchased by all the emergency services so there is a consistent brand for ease of maintenance and that sort of thing. The engineers from the county are going to make the recommendation for the best location for us. The time line is about 1 to 3 months for installation, we hope, but are not completely sure at this point. Norman Fernandes asked if there is a way that these entities could get together; get a price break by buying in a batch. Dawn Sudmeier replied that originally that was the thought; however, not all the entities have the money now. Some people are applying for grants and such. We have approved the money and so has Seal Rock Fire so it seems best to go forward and take action now.

New Business
Road District Treasurer, Chuck Bentley, had been invited to attend as a representative to answer questions from the Board. Kevin MacPhee asked about the painting requested for the beach access on Oceania Dr. Mr. Bentley explained that the request was made after the budget for painting had been set for this fiscal year. We have decided we can't do anything except replace stop signs that have been taken out due to budget restraints. Kevin MacPhee asked if it would get painted in the 2006-2007 budget year. Chuck Bentley said he assumed that any painting to be done would be in next year's budget. Norman Fernandes asked about the sand removal on Oceania. Dr. Chuck Bentley had talked to a gentleman at the Seal Rock Water District named Alexander Rampley. SRWD had hired someone to remove the sand because of leaks and having to replace the pipe. Supposedly the contractor took out too much sand. Mr. Rampley told Mr. Bentley that the contractor was going to replace some of the excess sand that had been taken out. As of the prior Tuesday it had not been done. Norman Fernandes had talked to one of the workers there and was told they were not having trouble with the line. They did on the corner and they had it taken care of. Norman asked them if they needed the sand somewhere else and was told yes.

Neil Hare asked does the Road District have any knowledge of where the sand went or what it was used for. Chuck Bentley said no, all he knows is that the sand was taken out by the Water District. Sand on the roads is taken out regularly by Tri-Agg. Neil Hare said he was told pretty much the same thing when he talked to the Water District. He didn’t think the Water District should go on record of lying to the subscribers about what they are doing in Bayshore. Chuck Bentley said that needs to be resolved one way or the other, needs to be pursued. Norman Fernandes said he thought he remembered reading in the paper that the Water District needed sand for a project somewhere. In response to a question by Bill Stephenson, Chuck Bentley explained about the chipping road paint. He said the Road District is very aware of the problem. The Road District had contacted the Oregon Dept. of Transportation, a person named Jerry Stokes at the Ona Beach office. Mr. Stokes recommended a material called "PermaMark" which is a plastic material that they heat the asphalt and then put down. He talked to county and traffic safety people about the product. We decided to put some in at Oceania and Westward and also at Westward and Bayshore. Part of the material has broken up and we are very concerned about. We have to wait and see how much disappears and then in the spring go about whatever we have to do to take care of it. Oregon DOT uses this on Highway 20 and 101 so it is a good material for our climate. We don't know if it is the installation or what the cause is. Allan & Sons, who did the installation, also work for the state; this is a mystery for us. He wished he could give  the answer but can't. The Road District was told by the state that the plastic material would last 12 years. The paint, we were told, only lasts 6 months. At the pro-rated costs per year, we figured the plastic would be cheaper. That's why we decided to do some of it as a test. The speed bumps were painted with an oil-based paint. Over the long run, it is supposed to be cheaper but we don't know. We are researching the warranty, how long it lasts and who has the warranty. We did not do any test prior to installation; we went on the recommendations of the Oregon DOT, traffic safety and the county. Kevin MacPhee asked that when the new paint was installed, could it be put over the old lines so we would not have these lines all over the street. He has seen, in big cities, where this is put right over the old, so it doesn't look so sloppy. Chuck Bentley said he understood and hoped that in the future that would be put as one of the provisions in the bid. Dawn Sudmeier asked about the environmental damage and could we ask the Road District to sweep up the debris as it occurs and remove it. Chuck Bentley said he has been sweeping it up; he has it in his garage. They will try to keep up with it.

President Witt thanked Mr. Bentley for coming to the meeting to answer all the questions.  

Caretaker Supervisor Resolution
MS
Dawn Sudmeier resolved that Kevin MacPhee be appointed as Caretaker Supervisor. In his absence, Kevin may select another Board member to perform his duties. This is to make official the role that Kevin has been performing and to recognize his responsibility. Norman Fernandes seconded the motion. Discussion followed as to the title and duties.  
 
AM
Dawn Sudmeier amended the motion to read "Kevin MacPhee be appointed as Caretaker Supervisor/Liaison". In his absence, Kevin may select another Board member to perform his duties. Discussion followed as to whether a caretaker committee was needed.

AMSP
Dawn Sudmeier amended the motion once again; resolve that Kevin MacPhee be appointed Caretaker Supervisor/Liaison. Norman Fernandes seconded the motion. Dawn Sudmeier called for the question.
Yea vote        Dawn Sudmeier
                      Norman Fernandes
                      Barbara Young
Nay vote       Connie Abercrombie
Abstain         Kevin MacPhee

Motion passed. President Witt asked that a job description of the Caretaker Supervisor/Liaison be developed. Dawn Sudmeier and Kevin MacPhee are to develop a brief job description of the Caretaker Supervisor/Liaison.

Don Butler, Division 6, questioned whether there was a quorum to vote. It was decided that yes, there was a quorum since abstaining counts as a vote.

Replacement of Caretaker Committee member
Kevin MacPhee questioned whether a caretaker committee was needed at this point. Dawn Sudmeier went back in Minutes of June 18, 2005 where Roy Taylor, Barbara Young and Kevin MacPhee were appointed to a committee to oversee the caretaker. Roy Taylor was named supervisor of the caretaker. Dawn Sudmeier said she saw no motion, no voting and no definition other than oversee the caretaker for what the committee was to do. Since then people changed that in their minds for it to be a hiring committee. That was never mentioned again either. Since we have passed the Caretaker Supervisor/Liaison position, she would say a caretaker committee is not necessary since it's been working so well without one.

There was a five minute break

President Witt reconvened the meeting 2:20 pm

Pool Inspection
The pool inspection was tabled until the January 21, 2006 meeting. If anyone would like information before that time, check with the office.  Neil Hare, Division 3, asked if the caretakers were going to repair the $10,000.00 cover that rolls back and forth. Kevin MacPhee said at this time it is not thought to be repairable.

Board Planning Session Report
Dawn Sudmeier reported the Board had 2 afternoon sessions where they worked on visions and plans for Bayshore. They made no decisions, resolutions or motions. It was strictly planning sessions. Questions we discussed included; what does the future of 5-10 years look like, how can the Board gather input from the members, what are the issues in Bayshore, what topics would be good for town meetings, what are Board members working on and start doing a work plan. These are activities that the Board think need to be done for Bayshore and they need to prioritize it and volunteer to work on those different activities. President Witt called for questions or discussions. Jane Hamblet, Division 4, asked if that will be put on the website so people may look at it and maybe donate time or whatever? Dawn Sudmeier answered she is recommending a 3rd session to finish the work plan. Then it will be up to the Board to decide how to share that information.

Comments
Brenda Hummel, Division 3, asked why cards were sent out asking about unoccupied RVs if we can't enforce Lincoln County regulations about occupied RVs. She purchased a home here because we don't allow RVs, trailers, boats. She is dead set against it; she went on record saying "I will file a lawsuit, if it's passed". Norman Fernandes said he is also against it but we are trying to find out what the members want. As the C&Rs state, the Planning Committee can allow those. Brenda asked if that is against Lincoln County zoning. Norman said Lincoln County zoning says not specifically, but by default, RVs can not be occupied. We are dealing with the unoccupied RVs. Brenda said where are you going to park them? Norman agreed that was a good question, he didn't have the answer. Brenda asked does the Planning Committee mail out letters to the homeowners and do they follow up? Norman answered yes, registered letters, some respond well, others do not. Brenda suggested that Lincoln County be sent copies of these letters.

Carol Ginter, Division 3, turned over a notebook she had compiled since 2003 and included a letter that was a good neighbor guide for vacation rentals. She gave it to the office and said to take good care of it.

Marty Schell, Division 1, asked for the results of the cards sent out about RVs. What was the vote? Norman Fernandes responded that the Board had decided not to publish the results until all votes were in so as not to influence members. The cut-off date is November 30, 2005.  We have 230 responses to date.

Jane Hamblet, Division 4, Years back when she was checking about C&Rs for different homeowners associations, the way she understood it, you can not tell someone they can not do something. The way they got around it was to say without the permission of the planning committee. So that means they are not really saying you can not do it, they are telling them they may get a permit for whatever it is that is not supposed to be done. The C&Rs are "do not" and I do not understand what part of "do not" any of these people don't understand. You don't just go to the planning committee and say I need permission for this because I am going to be here for a week. It doesn't work that way. No you can not; it says no RVs, campers, tents, all that jazz.  You can not have that here. There is no reason for you to give them permission unless they can not get anywhere but the trailer, some really bad or good reason why they need that permission.
Dawn Sudmeier asked who didn't allow it. Jane Hamblet said the law by C&Rs. She had not seen C&Rs that don't give you an out for telling somebody they can't. Norman Fernandes said we have some C&Rs that have no ifs, ands, or buts. But in this particular case it says without planning committee approval. Jane Hamblet says that does not mean the planning committee  has to give permission just because they ask. Norman Fernandes said I don't why they did it. I wish they had said no you can have them; our job would a lot easier. But there is nothing to prevent the Board from removing me and the rest of the committee or future Board, then installing their own planning committee and saying everybody can do it. This is what we are trying to avoid, to keep things the same, because the C&Rs do not prohibit it completely. We are bound by that.

Edna Comstock, Division 1, It was permissible, if they got permission, to be there for a week. Also when you are building a house, you may have an RV on your property for 6 months and longer if it was necessary. That is the way it was and she thinks that is way it still should be. If someone comes to visit and they have an RV what do you expect them to do? If they are in your driveway, and with our septic problems around here, she thinks it is darn good if they go down and dump them and they are not putting them in our septic systems. She just thinks people are too nit-picky. This is a recreation area and it's for fun, that's why people come here. If we didn't have renters, these yards and these houses would go to pot. If you have any complaints about any of our renters call Glen Kelly at the office and we will take care of it.

Lori Carson, Division 1, as far as the trailers go, she thinks you should have the right to bring your trailer, put it in the yard, clean it or whatever you need, load it and then you can take it back to wherever you keep. If you have a guest that comes and they are only here for 1-2 days, why can't they park it in your yard. You paid for that place, you bought it, don't you have any rights to this property? She thinks that is fair. She doesn't own a trailer but it doesn't matter, other people do, and she thinks they have that right. That is their land, they paid for it. She doesn't think we should be bittys or nit-pickers about all this. Norman Fernandes said there are so many people here and each have their own opinion, what some call nit-picking others consider basic requirements. Lori Carson said yes, it is the same as with the trees. Some people want to have their trees but don’t want you to have yours.

Rose Woods, Division 4, she has been here for quite a few years and the thing she wants to impress is to be neighborly, be friendly and be kind. There is no reason why you have to tell somebody they can't do something without making them understand there's reasons why and make sure they know what they are doing. She thinks we have to put on a better face. She thinks this Board is doing it better than the last, but nevertheless, be neighborly, friendly and make people understand that there will be circumstances where you'll need to have a trailer in your yard because of some reason, because of building or someone to visit for a few days. How can you visit a close friend if they are in a trailer park someplace? You want them near your home.

Announcements
Kevin MacPhee announced that the Concerned Friends of Bayshore had donated $363.63. This donation is restricted to beach access projects. We still have to get signs and poles. Thank you to the Concerned Friends of Bayshore for this donation.

Dawn Sudmeier asked does anybody know who the clubhouse has used in the past for septic service or when it was pumped last. General consensus was M&E but no one knew when.

Carol Botelho, Division 7, said her concern was that everywhere you go, you find pile after pile of dog poop. Many responsible people do pick up after their pets. But believe me, most do not. Some of those who do not are homeowners and neighbors that live here year round, some are vacation members and some are people from outside our community that bring their dogs to run and play on the beaches. Perhaps there should be signs at the beach accesses or other strategic spots throughout asking all pet owners to be act respectful. Put a reminder in the Breeze from time to time. This has become a pretty bad situation and needs to be dealt with. Kevin MacPhee suggested we may want to put garbage cans near the beach accesses for the dog droppings

Gail Watrous, Division 1, she just want to say she appreciated the Board getting the Breeze out. A list of the Board members with the changes and any vacancies should be put in the Breeze.

Jane Hamblet, Division 4, wondered when the Board was going to fill the vacancy left by Palmers' resignation. Kevin MacPhee said the biggest problem is volunteers. If someone does get appointed they should try to represent the division they are from. Different divisions have different issues. Jane said you are from different divisions but you are representing every member of the association regardless of the division. Dawn Sudmeier said we have had 2 volunteers come forward today who want to know more about what is involved with being on the Board. I have not had a chance to tell my fellow Board members yet. We now have 3 names but doesn't think it should be public at this point because the Board should have a chance to sit down and talk to those people who have come forward and said they are interested.

Marty Schell, Division 1, on behalf of all homeowners she wanted to say thanks to the Board for all their hard work.

Carol Botelho, Division 7, asked has anything been done about the home on the corner of Seaview and Oceania that has a water heater in the yard for the past 5 or 6 weeks? Norman Fernandes said we don’t know anything about it but I want everyone to know if you do fill out a complaint form, sign it, otherwise we won't look at it.

2005-2006 Budget Review
Dawn Sudmeier said for the last 2 months we have reviewed the year-to-date actuals, the estimates provided by the budget committee and then she put together a recommended budget. She sat down with Kevin and the caretakers to discuss their expenses and Sandie has been just an amazing resource where we have been on the computer looking up a lot of information. Gail Watrous, Julie LeBrun, Jack Woods, Connie Abercrombie, Nelsen Witt, Bobbie Young and Mary Gilbert have all helped review this budget. A copy of the budget was available for all. (It is attached at the end of the Minutes)

Neil Hare asked how items are purchased. Kevin MacPhee answered that a price comparison was done. Norman Fernandes asked because we are taking from the net reserve: can we do that very often? Dawn Sudmeier no we don't want to, there has been  a lot of postponed maintenance so this is a good justification to do that. There was also $6000.00 not spent out of last year's capital budget, projects that were not initiated or completed. That money stayed in the reserve fund so that in effect increases the savings account, if you don't spend it. We have a healthy savings account at this point, so she feels it is reasonable to go ahead and increase the capital budget. Don Butler asked is the $7,500.00 for the tsunami siren coming out of that reserve. Is it a one time purchase? Dawn Sudmeier answered yes, it is a one time purchase and the tsunami siren is in the capital budget. Carol Ginter said that she can now hear the Waldport siren: do we still need to purchase our own siren? Dawn Sudmeier said it depends on which direction the wind is from and how hard it is blowing. Sometimes we can not hear it at all. Mark Jung has said that in a real emergency, he is not able to send his fire crew down here because they need to stay on high ground so as to be able to help with the rescue efforts after the tsunami. We need to be able to help ourselves and the siren is the first part of that. Neil Hare asked how the siren will be activated. Are humans involved? Dawn Sudmeier said that emergency services will activate it with a message from NOAA, with the fire department getting the message and activating our siren. There is someone at the fire station 24 hours, 7 days a week, 365 days a year. Jan Stevenson said she has never heard the sirens. Is there an alternative for the deaf, possibly laser lights or something to go with the siren? Rose Woods said Radio Shack has things you can get to assist with that. Of course if you feel shaking here, get to high ground; don't wait for anyone to tell you. Don Butler said there are different audio warning systems available.

MSP
Dawn Sudmeier made a motion: resolve that the 2005-2006 Budget for both Income and Expense be approve for $147,362.00 as submitted to the Board today, 11/19/05. Norman Fernandes seconded the motion. The motion carried unanimously.

MSP
Dawn Sudmeier made a motion: resolve that the 2005-2006 Revised Capital Budget for both Required and Recommended Capital Expenditures be approved for $19,500.00 as submitted to the Board today, 11/19/05. Norman Fernandes seconded the motion. Discussion followed. Connie Abercrombie questioned if a yea vote meant that each project was approved. Dawn Sudmeier replied yes it did and would not need further Board approval. Dawn Sudmeier called for the question and then re-read the resolution.
Yea vote        Norman Fernandes
                      Barbara Young
                      Kevin MacPhee
                      Dawn Sudmeier
Nay vote        Connie Abercrombie
Motion carried.

Dawn Sudmeier asked the Board if they are willing to have the third planning session. Dawn Sudmeier to do a poll and see what works for every one.

Next meeting January 21, 2006 at 1:00 pm

Executive Session started at 3:20 pm
There was discussion of direction for the Hayes lawsuit. No resolutions or decisions. Executive session ended at 3:42 pm

Dawn Sudmeier called for adjournment of the meeting at 3:45 pm Barbara young seconded the motion.

Approved by the Board of Directors December 13, 2005

Sandie Eckerson, Secretary/Treasurer