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Bayshore Beach Club, Inc.
Board of Directors Special Meeting
January 20, 2007

In attendance:

Nelsen Witt, President                                   Division 1
Kevin MacPhee, Vice President                    Division 7
Connie Abercrombie, Corp Secretary            Division 4
Maren Taylor, Director                                  Division 2
Ray Hunt, Director                                        Division 3                  
Jim Harlan, Director                                       Division 4
Bill Stephenson, Director                               Division 5
Norman Fernandes, Director                          Division 6
Sandie Eckerson, Secretary-Treasurer

President Witt called the meeting to order at 1:00 PM and confirmed a quorum was present.

Planning Committee Report
Gary Cummins reported the primary issue at this time is the Sanders house and being able to alleviate those situations in the future. One of the items they came up with, and all the board members had received a copy of this letter, is the fee issue. He knew it's an unpopular issue with some people but asked to be allowed to read part of the letter:
"After considering the possible ways to stop builder and homeowner building violations in Bayshore, it appears that the C&R Violation Fine Procedures may prove effective. It is felt by some that these fines were revoked. However, they still exist. They were only held in abeyance temporarily. (See Board Minutes for April 16, 2005).

Consequently, please send a "Letter of Violation" (draft attached) to Janice and Charles Sanders for violation of Article II, Section 3, Building Size Violations. As you know, the builder for the Sanders, Joe Vandehey, is building their house in violation of the Bayshore approved plans. The plans specify a 15' height which is being exceeded by at least 5 feet. The fine for this violation is $5,000.00 plus $50.00 per day." The letter goes on to recap the procedures. From the Planning Committee perspective those amounts can vary. These are maximum fines so Board of Directors can vary them to the situations.

Bill Stephenson commented that the fine schedule got the board recalled over a year ago and had been laid aside, since then it had not been dealt with it. He thought most people felt it was a dead issue. The other issue is if you start placing fines here, you think you have court problems now; you will be in court until your grandkids are grown. Be aware of the end results. Also, he (Bill Stephenson) did not care for the letter, the way it was slanted that if you didn't vote in that (fine schedule) it was supporting the Sanders. "Mr. Cummins, this is a free country and nobody is telling me how I may vote."
Mr. Cummins denied that is what was said. Mr. Stephenson argued that was what was indicated. Mr. Cummins stated there has to be some means, after plans are approved by the Planning Committee, to control builders of homes until the structure is completed to assure that structure is built in accordance with the plans. If you do not want to do it this way then give the Planning Committee the tools to do it some other way. There are other ways to do it. I've asked for access to the board attorney to talk with him as to how we might do it. You may interpret that this is the reason why the previous board was recalled but a lot of people don't, a lot of people think there were multiple other reasons. All the board has to do is use common sense in the applications of the fines. One of the reasons why we have attorneys involved right now is because there are no fines. If we had fines, there would not be attorneys involved.

There was continued discussion about how to get the fine schedule on the ballot, also, if this was a By-Law and C&R change or if the Directors could simply impose it. There was much concern about not getting a large enough response to put the fine schedule on the ballot. The suggestion was made to send self-addressed, stamped envelopes to ensure a greater response from the members. There was also concern that giving too many proxies to one person could possibly become an issue in a vote such as this. Instances from the recall board were related to emphasize several people's points of view.

Caretaker Report
Cam Cook reported he had decorated for the holidays and then cleaned afterwards. The furnace had gone out during that time and after having it checked, the estimate ranged from $500.00 for a new valve or $5,000.00 to replace the furnace. Cam cleaned the gas valve and it is working fine again. We will have to address that in the future as it is an old furnace. He cleaned the flue pipes and repaired them. He has done a lot of deep cleaning inside the building due to the weather not allowing for much work outside. He requested a used shop vacuum if anyone has one or possibly a new one to assist him with cleaning the inside walls. The garage door is still in need of replacement. He had estimates of $1,000.00 for purchase and install. He has installed a light on the flag so the flag can be flying at all times. He has cleaned all the outside beds around the building and removed about 1" of sand out of the pool from the storms. There is some painting to do on the inside. Some shingles had blown off the outside of the building. He has found a source for weathered shingles to replace the missing shingles so there won't be a noticeable difference on the building.

There was discussion for the necessity of having at least 3 bids for a major expense like a garage door. There was also discussion as to how to get the back parking lot re-graded with the least cost.

MSP
Norman Fernandes made a motion to authorize Cam Cook to purchase a garage door not to exceed $1,000.00 and for the money to come out of the reserve fund. Kevin MacPhee seconded the motion. The motion carried unanimously.

Tsunami Siren Report
Norman Fernandes reported Mark Jung said the relay board had not been included when the siren was shipped. This relay board allows for the alarm to be tested remotely otherwise someone would have to climb the pole. Mark Jung has ordered one from the factory and is waiting on its delivery. When it arrives, is installed and tested it will be installed on the pole.

It was questioned, again, if Pioneer Telephone or PUD would assist with the cost and/or installation of the pole. Norman said not on the cost but possibly one of them will put it in the hole. It was asked how tall the pole needed to be and Norman said he believed 60 feet was the length of the pole. We are splitting the cost with the Fire Department. Norman was asked what the time line is for the siren to be working. He replied that we do not know, it is contingent on Mark Jung. Discussion turned to having a tsunami drill in Bayshore since we would only have from 15 to 30 minutes to evacuate. There are also pamphlets available in the office that has evacuation routes for all of Bayshore. Jim Harlan thanked Norman for his efforts to get this siren in place.

MSP
Jim Harlan made a motion for the Board to write a letter to Mark Jung with Seal Rock Fire Department, indicating our great interest in having the tsunami siren in place sooner rather than later and offering our good offices to expedite whatever needs to get done.

Kevin MacPhee suggested a group, Tsunami Awareness Committee, TAC, to get things moving along. Discussion continued as to how best to move the process along so as to have the siren installed as soon as possible.

President Witt reminded the directors there was a motion on the floor. Kevin MacPhee seconded Jim Harlan's motion. The motion passed unanimously.

Approval of November 18, 2006 and Special Meeting January 6, 2007

MSP
Norman Fernandes made a motion to approve the Minutes as stated. Maren Taylor seconded the motion. Motion passed unanimously.

Breeze
President Witt announced that an issue had gone out the previous week. He credited Jim Harlan with leading the charge to get things going again. Jim Harlan said he did not want to get the blame for it. He stated there were a lot of people who put hard work into it, including Nelsen, Bob Mowrer and Sandie and a lot of encouragement from the other board members. President Witt encouraged members to contact Sandie in the office by dropping articles by the office or emailing, if they wanted to contribute to the Breeze. Connie Abercrombie asked that members be emailed with the deadlines well in advance of publication. Jim Harlan asked Sandie to post deadlines on the website and email those deadlines to all members whom the office has email addresses for.

William Revnell Appeal
Bill Revnell owns four (4) properties on Admiralty Circle that are classified by the county as unbuildable due to the square footage of each lot. He was requesting the board lift the membership dues on three (3) of the lots, leaving him to pay one full membership due for all 4 lots. He pays $10.00 per year to the county for each lot. None of the lots can be approved for septic systems by the county. Ray Hunt asked if he had considered selling them so people could have Bayshore privileges. Kevin MacPhee asked if there were other lots in Bayshore that were considered unbuildable. Sandie Eckerson reported after searching county records for all undeveloped lots in Bayshore, Mr. Revnell's were the only ones to be classified as unbuildable. There are 2 lots in Division 2 that in 1979 the county denied septic systems but put a note in the records that as new septic systems were developed, the county would revisit these lots as requested. There is 1 lot, also in Division 2, that is under the 5,000 square footage that is required by Bayshore. However it is so close to the requirement that it could possibly be granted a waiver by the Planning Committee. Kevin MacPhee asked Mr. Revnell if these lots improved the view from across the street where he resides. Mr. Revnell said yes but no one can build on them because there is no place to put a septic system. Bill Stephenson said for the board to grant this would require a change to the governing documents. Connie Abercrombie stated the last person who owned these lots ended up paying Bayshore $1,064.00 in back dues and fines. She stated that these lots were buildable when the development first mapped them out but the water had changed them. Mr. Revnell said no, the water had not changed them very much. Originally that is where a boat dock was planned. Connie said Mr. Revnell didn't want people to use the lots, didn't want to lose his view, so why not sell them to people who want to use the Bayshore facilities. Kevin MacPhee asked if Mr. Revnell knew he had to pay dues on these lots when he bought them. Mr. Revnell said no, the woman who sold him the three (3) lots across the street offered to throw the four (4) lots in. Kevin asked did the woman not say dues were to be paid on each lot. Mr. Revnell said he knew dues were required but he thought only on lots that were actually, physically there. It was agreed by several that according to the map on the clubhouse wall, there has been no significant erosion to the lots. Norman Fernandes asked what other options do you have if you don't pay taxes. Would the county take them? Mr. Revnell agreed that probably the county would take them. He said he is willing to pay one full membership due for them as he and his family use the lots, but he does not feel it is justified to have to pay four full memberships. Norman Fernandes said Mr. Revnell could donate to Bayshore for a park or to the county for a park. If we change the C&Rs it could open a door that we may not want to open. Would Mr. Revnell be interested in any of these options? Mr. Revnell said no, he wants to hang on to them. Ray Hunt suggested maybe a lease or rent would be possible. He could structure the lease to read that the people would only have use of the pool. Jim Harlan said the more we talk about this the more it sounds like you should pay your dues so you have the right to deny access to the lots. The directors agreed that $600.00 is a small price to pay for privacy and a view. Mr. Revnell thanked the board for their time. The board members apologized and said they wish they could have helped him.

Capital Reserve Projections
President Witt said the agreement with our CPA, Gwen Wolfe, runs out this month and she is asking for a new agreement with the Board of Directors. She also is requesting that the Capital Reserve Projections need to have projections listed for 2011-2012. We need to have a five year prospective. Jack Woods, Sarah Vandehey and Sandie Eckerson to work on the projections during the Board Executive session.

Wilson letter
President Witt said there is a letter from Perri and Joe Wilson in your packet regarding a dog issue. Norman Fernandes asked what are they asking from us. Connie Abercrombie said that according to the letter, the Wilsons' had contacted the sheriff's office to file a complaint and that office recommended they file a complaint with the board. She thought the Wilsons' would like a letter from the Planning Committee to the owner stating a complaint had been filed against the dog and would they keep the dog in the yard. The owners live in Silverton. This should go to the Planning Committee. Sandie said it had gone to the Planning Committee and that committee passed it to the Board for review.

MS
Norman Fernandes made a motion to send the letter back to the Planning Committee, ask them to obtain a written complaint form and send it to the Wilsons asking them to write a letter stating the facts to the owner of the property. Bill Stephenson seconded the motion. Jim Harlan said there is nothing more frustrating than excessive forms. Can the Planning Committee take this letter and distill what information they need out of it and send a letter? Can't we short-circuit that? The letter seems very straight-forward. Ray Hunt said Farmers Insurance no longer insures 5 vicious dogs, what they call vicious dogs. You could write the homeowner a letter and tell them if they don't deal with their tenant then you will notify their insurance company. Don Butler, Division 6, said the form was to react to telephone calls. We needed a signature and the member also had the option to remain anonymous. This letter seems to take care of that.

MSP
Norman Fernandes made a motion to send the letter back to the Planning Committee to write a letter to the owner of the property to state this issue needs to be addressed. Kevin MacPhee seconded the motion. The motion passed unanimously.

Oregon State Police Officer Association
Sandie Eckerson read the letter from the OSPOA requesting a donation to their booster organization. Norman Fernandes asked if this was an unsolicited request. Sandie said yes. Connie Abercrombie said the Bayshore Women's' Club makes charitable donations to many organizations. Bill Stephenson said members should decide individually what organizations they want to contribute to and the club should not get involved. It was agreed to not make a contribution from club funds.

Audience Comments
Mr. Dahlke asked what the outcome of the Planning Committee's letter to the Board in regard to the Sanders house. Were the Board members supporting the Planning Committee and its recommendation to the Board? Does there need to be a vote on the part of the Board? Is there support for his letter or will the Board let it pass? President Witt said that is an item we will be discussing in Executive Session and then we will make the decision. Mr. Dahlke said he did not see that the fine schedule was part of the Executive session. Bill Stephenson said he had a comment regarding Mr. Dahlke's letter of January 6, "The Good Ole Boy politics and collusion-even unlawful comes to mind…" I take offense to that, and I wish you would quit publishing lies and slanderous insults to me and the people in the community.

KOA
Connie Abercrombie brought trespassing in KOA to the attention of the Board. Members are going up the new road off of Bayshore Dr., cutting through KOA to get to the bridge. Ray Hunt said if members of Bayshore want to use that route please stop and introduce yourselves to the Manager, Debbie. We are having a lot of thefts and we need to know who is in our park. I do not want to have to fence off the KOA. Norman Fernandes asked how do we let the people know. It was decided that besides the Minutes, we can put on the website and in the next issue of the Breeze. Connie and Ray to write an article to go in the Breeze.

MSP
Kevin MacPhee made a motion to move to Executive Session. Norman Fernandes seconded the motion. Motion passed unanimously.

President Witt called the meeting back to order at 3:20 PM

MSP
Norman Fernandes made a motion to ask our attorney, Bartoldus, to investigate the possibility of using the fine system in the Sanders matter and to have him respond in writing to us. Jim Harlan seconded the motion.

Ray Hunt abstained
Bill Stephenson abstained
Connie Abercrombie no
Nelsen Witt yes
Kevin MacPhee asked to be passed over, to vote last
Maren Taylor yes
Jim Harlan yes
Norman Fernandes yes
Kevin MacPhee (called on after passing) abstained

Sandie Eckerson read the vote tally: 3 abstain, 4 yes and 1 no

Bill Stephenson asked if instead of investigating the possibility of fines, do what he suggested and investigate the letter that the Planning Committee wrote and see what his opinion of that is. Norman Fernandes said we could that separately but did not think they should be tied together. Bill said not together, eliminate your motion. Norman said no, I am not for that. Bill said then he had to stay with his abstaining. Kevin MacPhee asked President Witt if before he put the gavel down on the vote could he (Kevin) change is vote. President Witt allowed Kevin to change his vote.

* Kevin MacPhee changed his abstaining vote to a yes vote.

Sandie then read the changed votes: 5 yes, 1 no and 2 abstain

Office Manager Evaluation
President Witt said we discussed the evaluation of the office manager. We agreed on an 8% raise for Sandie Eckerson effective now.

MSP
Norman Fernandes made a motion to give Sandie an 8% raise. Maren Taylor seconded the motion. The motion passed unanimously. Sandie thanked the directors.

Nominating Committee
President Witt said we missed one item at the open meeting. We do not have another meeting until March so we need to have a nominating committee before then. Connie Abercrombie volunteered to contact Jane Hamblet to see if she is willing to put together a nominating committee. Kevin MacPhee volunteered to be the Board member on the committee. The directors accepted Kevin as the Board member to the nominating committee.

MSP
Jim Harlan said it had come to his attention that the computer that the entire future of Bayshore is dependent on is at least 6 years old. Therefore Jim made a motion to direct Sandie to solicit bids for a new computer system. Maren Taylor seconded the motion. Norman Fernandes wanted to add that Ray Hunt offered to provide a computer, at cost, so that be included as one of the bids. The motion passed unanimously.

Capital Reserve Projections
Sandie Eckerson reported that while the directors were in Executive Session, Jack Woods, Sarah Vandehey and Sandie came up with the following recommendation to the Board for the 2011-2012 year:

Furnace Replacement $ 5,000.00
Rail and Deck Repairs $ 500.00
Refinish and coat hardwood floor $ 1,000.00
Pool reconditioning, ie.
replacing toilets to handicap toilets, replacing
wood around toilets, freshening up the showers $10,000.00
Replacing carpet upstairs $ 5,000.00
Total $21,500.00

Don Butler, Division 6, asked if there was any consideration for the roof. Connie Abercrombie said we got a new roof 2 years ago. President Witt said Cam had repaired some leaks on the roof in the fall.

These projections were agreed upon by all directors and that Sandie would pass them on to the accountant.

Jim Harlan asked if we are still talking about doing something with the pool. Kevin MacPhee said we do need to address this issue sooner than later. Connie Abercrombie asked if we can start discussing this on email. Bill Stephenson asked if we can put it on the next agenda. It was agreed that funding was going to be an issue.

MSP
Norman Fernandes made a motion to adjourn the meeting. Kevin MacPhee seconded the motion. The motion passed unanimously.

President Witt announced the next meeting will be March 17, 2007 at 1:00 PM.

Minutes approved by Board of Directors March 17, 2007

Sandie Eckerson-Secretary-Treasurer

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