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Bayshore Beach Club, Inc.
Board of Directors Special Meeting
March 17, 2007 at 1:00 PM.

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.

President Witt asked that members sign the sign-up sheet by the door if they wished to speak on an issue. He also asked that the members come up to the microphones so they could be heard on the recorder.

Approval of the January 20, 2007 Minutes

Connie Abercrombie pointed out that the motion to pay for the garage door stated that the monies were to come out of the reserve funds and that was not necessary. She asked Norman Fernandes if he would be agreeable to an amended motion to say the monies are to come out of the general funds.

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Norman Fernandes made a motion to amend the motion made at the January 20, 2007 meeting regarding the purchase of the garage door. The new motion is to have the monies be taken out of the general funds not the reserve funds. Kevin MacPhee seconded the motion. President Witt called for the question. The motion passed unanimously.

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Connie Abercrombie made a motion to accept the Minutes of January 20, 2007. Norman Fernandes seconded. The motion passed unanimously.

Connie Abercrombie wanted the following clarification to the May 3, 2006 Minutes.

"Why I made the motion to let the Hunts finish their house and move in.

As the May 3, 2006 meeting minutes only gave me 28 words (Connie felt the P.C. made a mistake by not asking for a current A.O.G. report, since the one Hunts turned in was 2003) I will explain:

If the P.C. had done what they should have done-this problem would never have come up. In the beginning M. Schlosser sold Hunt the lot and also gave him the A.O.G. on the lot dated Jan. 29, 2003 for a house that was planned to be build in the middle of the lot. Hunts house would sit 10 feet from the back of the lot well behind A.O.G. on the house Schlosser intended to build. If the P.C. had ask (sic) Hunt for a new A.O.G. for his house like they should have, Hunt would have gotten one and there wouldn't have been any problems as Hunt would of complied with any other requirements of the P.C.

I felt the Planning Committee was the cause of this problem and since there is no way for the board to determine what Hunts A.O.G. would have been, he can't be charged with any violations.      Connie Abercrombie Div. 4

Discussion followed as to how to deal with this. It was decided that since Connie had read this into today's Minutes it would cover what Connie wanted. There was no vote necessary, it was a statement from Connie. Norman Fernandes wanted the record to show that this was uncorroborated, it's Connie's opinion, and  we should just not address it.

Tsunami Siren Report

Jim Harlan wanted to clarify that although President Witt and Mr. Harlan himself kept referring to the electric company as PGE it is indeed Central Lincoln PUD.

Norman Fernandes read part of a letter from Chief Mark Jung of the Seal Rock Fire Department.

Due to a fault in our sound system there was too much feedback to understand Norman. Jack Woods requested that the letter be re-read without use of the microphone system. Norman re-read the letter.

Dear Mr. Witt,

The Seal Rock Fire Department wishes to thank the Bayshore Beach Club for agreeing to assist with some of the costs of the Tsunami Siren. We realize this has been a long process and here is an update on the progress.

The siren was delivered several months ago. A decision is still pending with State agencies along with the West Coast to have the siren tone and voice announcement standardized. This has created a delay in installation of the siren.  To resolve this problem I have ordered and received an optional audio board. This will allow the siren to comply with the decision made by West Coast agencies regardless of the tone and announcement chosen. I plan to move forward and have the siren installed; the tone can be changed at a later date by the optional control panel if needed.

The steel pole mount sent with the siren either needs to be painted on a regular basis or be galvanized. I have made the decision to have the mount sent out to be galvanized. This will reduce weather related maintenance. The mount should be back by the end of this month.

Barry Anderson with Central Lincoln PUD will be meeting with me at the Beach Club on Friday, 3/1/6/07. We need to both agree with placement of the siren pole. I will ask Norman Fernandes if he could also attend.

Norman said he did attend. The placement of the pole will be in the East parking lot, in the NE corner of that lot. It will extend up 60 feet. We will incur additional costs as far as wiring the pole to the power and one half the cost of the pole. When asked what our total cost would be, Norman said the original cost of $7500, plus another $1000.00 for pole and wiring for the total estimate cost of $8500.00. It was pointed out that the original $7500.00 was set aside 2 years ago and is still being carried in the budget.

Neil Hare, Division 3, asked that since it will be so close to him, would the board be responsible for his hearing loss. Norman Fernandes said originally it was to be in the west parking lot but since it is a rotating siren, most of the sound would go out to sea and we don't want that.

Neil asked if a reflector could be put behind it. The answer was no because it does rotate. Neil asked if this will be triggered automatically or wait for someone to push a button. Norman said it will be pushed by a person at the dispatch center that is located the other side of Newport. That center is staffed 24 hours a day, seven days a week. Other improvements may come later. Norman reported the sound will be 70 DB at 6,000 yards and 60 DB at 12,000 yards.

Caretaker Report

Cam reported that he has placed no smoking signs at the entrances to the building. Dennis and Ruth Young had donated a shop vacuum to us and he has vacuumed the walls, ceiling, and beams in the upstairs. He has trimmed the hedges, edged around everything and mowed the lawn a couple of times, weather permitting. He has painted all the base-board heaters upstairs and downstairs and painted the office to make it brighter. The windows get cleaned frequently both inside and outside. Two loads of rock was delivered to the back parking lot. A thank you to Joe and Sarah Vandehey for sending their employees and equipment here to level the lot, it is so much better. Do we want the west parking lot re-graveled? The Planning Committee asked for a draft of plans to put in an office for the Planning Committee so Cam drew up plans for them. He is working on the pool and getting it ready. The new garage door will be delivered by the end of the month. He put out a request for anyone who has a chain saw that they would donate or loan so he can clean up trees that are down near the lake. He also asked for a waiver for his son to be a pool attendant this summer. His son will be 18 in September so would need a waiver to work the summer.

Connie Abercrombie asked about the door by the kitchen being so difficult to open. Cam said it was swelling due to the weather and he can sand it to make it open easier. She also asked about the Planning Committee needing an office. Cam said it was in the draft stage. Neil Hare said the end of that room is wasted space, the office is running out of space and he thinks we should take a serious look at expanding. Norman suggested the room at the base of the stairs. He was told it is already full of stuff and gets very damp. Neil Hare said this is just exploratory at this point. Cam assured everyone that it would not affect the storage for the chairs and tables. President Witt suggested that the plans and cost estimates be put together for the next board meeting.

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Norman Fernandes made a motion to waive the 18 year requirement for pool attendant for Cam's son if such a waiver meets with the approval of our insurance policy.  Bill Stephenson seconded the motion. The motion passed unanimously.

Connie asked if we still require the pool attendants to take the CPR. Sandie said yes. Cam said there is a pool school that is put on every year at the Surfrider Motel. For a $20.00 fee, everything a pool attendant needs to know is taught. Bill Stephenson asked if Cam had the cost of graveling the west parking lot. Cam said he would have to check with Sandie as to how much money we have left for gravel. Norman Fernandes asked about all the heavy equipment that uses that lot. Cam said if they mess it up he would ask the businesses who park there to level it out again. Barbara Mullen suggested that we wait until the siren pole has been installed to have that parking lot graveled.

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Jim Harlan made a motion to send a letter of thanks to Vandehey Construction for their efforts in helping us with the rock in the parking lot. Connie Abercrombie seconded the motion. The motion passed unanimously. Jim Harlan to draft the letter and send to Sandie.

Planning Committee Report

Neil Hare reported that the Planning Committee is functioning very well. They have a couple of requests for over-height houses they are looking at and that is about it.

Website Committee Report

Maren Taylor reported the committee met on February 6, 2007. Members present were Bob Mowrer, Kevin MacPhee, Connie Abercrombie, Norman Fernandes and Maren Taylor. They wanted to give kudos to Bob Mowrer for an excellent job maintaining the website and he was very pleased with that. Bob went on to say that Duane Peltier left the website in excellent condition so he is able  to do the job he is doing. Bob and the website committee decided that the website should be dynamic and should be a vehicle for communication for Bayshore Beach Club members. The committee agreed to add more content, update information and cross-link with the Breeze. It was suggested there could be a monthly question for the Board section, a monthly poll section where members could be surveyed about their opinion or they could receive answers to their questions. It was agreed these sections would be for information only. Other suggestions included showcasing various Bayshore Clubs and giving information about the same, highlighting special events that are going to happen. It was agreed most of the business of the committee could take place by email and meetings would be scheduled as needed. 

Connie Abercrombie said that the web needed to be cleaned up. There was discussion as to whether the Guidelines were official or not, whether stickers could be used through the Planning Committee and posting of the C&Rs. It was discussed who would oversee the changes. It was felt by some that the Guidelines were out of line. One instance given was manufactured homes and the list of requirements being in conflict with the C&Rs. Others felt the Guidelines further explained the C&Rs where the C&Rs were not explicit. Larry Dahlke, Division 1, stated that there are different standards within the manufactured homes industry. He stated you have to be specific with your C&Rs or the guidelines. Jack Woods, Division 4, stated that the Guidelines were written by a Board. They have been revised 2 or 3 times. They have never been approved or passed by the members so if there is any problem it is strictly up to the Board. Norman Fernandes pointed out the C&Rs give the Planning Committee the right to make the guidelines. Jack Woods thought it should be a simple matter for the board to work out whatever revisions needed. Connie Abercrombie read a letter in part "Furthermore, the Guidelines issued by the Planning Committee are just that, guidelines. They do not carry the force of law nor have they ever been, to my knowledge, officially adopted by the members of the Bayshore Beach Club. I am unaware that any vote in which these guidelines have been proposed for inclusion to the Bayshore Beach Club governing instruments or in any way officially become a regulation, which I or any other member of this community is required to follow if they chose not to do so. Finally even if the guidelines were officially adopted or put into force, these changes came after I signed any agreement to purchase my home in this community and to abide by the C&Rs and as such, I have never agreed to abide by them. I reject the authority of the guidelines, and accept, instead, the authority of the C&Rs. I am not bound by any guidelines that the Planning Committee arbitrarily chooses to pretend that they have the authority to impose on other members of the community." This was written by Kevin MacPhee on May 10, 2004, in a letter to the Board of Directors.

Discussion continued as to the validity of the guidelines, separating the C&Rs from the guidelines on the webpage and how to proceed with the changes. Neil Hare, Division 3, asked what specifically people were wanting to exclude from the existing items, from the manufactured house. Bill Stephenson answered: by siting the roof pitch, eave overhang and the conflict with the requirements for site built houses. Jim Harlan suggested that the concerns about the webpage should be directed to the webpage committee to review as a committee. The committee could determine whether there is confusion and possibly clean it up.

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Jim Harlan made a motion to set up an ad hoc committee composed of 2 members of the board, 1 who is otherwise identified in favor of the guidelines and 1 who is otherwise identified as opposed to the guidelines, to work in liaison with the Planning Committee in looking at where there are inherent contradictions between the guidelines and the C&Rs and getting those contradictions eliminated from the guidelines. Kevin MacPhee seconded the motion. The motion passed unanimously.

Norman Fernandes and Bill Stephenson volunteered to be the Ad Hoc Committee.

Connie Abercrombie felt the board should vote on each article on the webpage and in the Breeze. Norman Fernandes, Kevin MacPhee and Maren Taylor felt the webpage committee was responsible for the webpage and the Breeze committee was responsible for the Breeze. Maren Taylor explained further that the committee went over what was on the site that was liked and not liked, what was to be moved or added to. Bob Mowrer is doing exactly what the committee asks of him. We are doing it as a committee not as individuals. Bob Mowrer suggested the questions to the board, he will put the questions on that are sent to him and we will respond to them. Also the monthly survey he will tally and present on the website. All our work is to be done in committee. Connie asked who will determine if it is a legal issue. She also doesn't want to put people's birthdays and such on because we will miss someone and they will get their feelings hurt. Maren said this should all be discussed in committee. Maren will schedule a committee meeting.

Nominating Committee

President Witt stated we have a nominating committee of which Kevin MacPhee is the representative of the Board. We have 2 volunteers-Barbara Mullen and Anne Weeks.

Barbara Mullen reported that we need more candidates and asked that members call her at 541-563-8147 to volunteer or nominate candidates to run for the Board of Directors. At present we have 4 candidates. Larry Dahlke, Division 1, Don Butler, Division 6, Ray Hunt, Division 3 and Sara Vandehey, Division 3.

Kevin MacPhee asked Connie Abercrombie if she was going to run for office again. She replied that she had not yet made up her mind.

Jim Harlan wanted to make a comment to reflect in the Minutes. He observed "that we have such a sparse crowd present and the crowd we have is composed of well-meaning people so the remarks are not directed at them. I have been in contact with a number of Bayshore residents who I thought would compliment the work we do on the Board. Those people indicated to me without exception, that they were willing to help out if the Board would get rid of certain members, then would proceed to name whoever they thought needed to go away. In my response to them, I said I was not sure how long they have lived or worked in a democracy but the way that you get things changed and the way you make people go away that you don't like representing you is to step up and run yourself. We accomplish nothing as a group to sit back and say if you get rid of so and so then I will consider spending my time. Those of you who come to the meetings know they are arduous, they are fractious, they tend to get dirty and personal at times and believe me they are trying, but we all have to step up at some point and try to help out for the betterment of our community and the more candidates we have in this thing the better off we all are."

Norman Fernandes stated that we need to know if Connie Abercrombie is going to run again or not because as far as he could tell Connie should not be Corporate Secretary and run at the same time. Connie said there is no reason she could not set the ballot up, she just couldn't count them. Norman said he meant the proxies and Connie said "that means the proxies and all. The corporate secretary that will be the person to count the ballots if I run will be the person to ask the board what they want the corporate vote to be. The board should give the corporate secretary direction on how to vote the proxies turned in to the corporate secretary. The proxies who have names on them of course go to the person whose name is on them." Norman said that is what standing rules allow for. Jim Harlan said "that is the way it is supposed to be. Last year Connie had asked for direction from the Board as to how to vote those proxies. The board did not give her that direction so she had to vote to the best of her ability." President Witt stated that if Connie decided to run, we would appoint an interim Corporate Secretary to fill that role. Norman said that he and Connie had the same problem, only his is for next year. They have both served more than 2 consecutive terms but have not served 6 years. He wanted to ask the attorney if that can be done. Connie thought she had a ruling on that from a previous attorney. This is caused when a director can not fulfill the 3 year term they are elected to.

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Norman Fernandes made a motion to have Sandie write a letter to Bartoldus asking his opinion about the consecutive term and whether the 2 terms or the 6 years have precedence. Also to ask Bartoldus if the expiration date for Roy Taylor's position can be changed from 2008 to 2007 to correct the voting intervals. President Witt said they prefer that Norman write the letter and Sandie will mail it. Kevin MacPhee seconded the motion. Jim Harlan stated that Connie thought she had a legal opinion on this matter. It was decided to give Connie until Wednesday to find the legal opinion before Norman would write the letter. Jack Woods, Division 4, stated this is covered in the By-Laws and the Board can not change the By-Laws, only the members can. Jim Harlan assured Mr. Woods that there are enough discrepancies that a legal opinion would be very advantageous. Ray Hunt said let Connie look if it will save us money in legal expenses.

 Norman added to the motion, "subject to clarification by Wednesday." Ray Hunt asked if Connie can not find the answer by Wednesday are we authorizing to spend money with Bartoldus again. The answer was yes.

Yea vote                                            Nay vote               

Kevin MacPhee                                 Bill Stephenson

Maren Taylor                                       Connie Abercrombie

Norman Fernandes                               Ray Hunt

Jim Harlan                                            Nelsen Witt

The vote was tied so the motion failed.

Norman Fernandes wanted to read a statement regarding the Sanders home into the record. The other directors were concerned since the attorney said not to discuss this matter in open session. Norman assured them it would not compromise attorney-client privilege.

Norman read "Some Board members have contacted our attorney to instruct the rest of us in the name of attorney-client privilege not to speak our minds about our opinions and how we want to proceed on the Sanders matter. I've had several matters to address but I must respect his council. Be assured that we are not supporting the positions of the 3 Board members who are named in the lawsuit and we will be letting our attorney know our position." Connie asked what was Norman trying to say, that he did not feel he could talk to the attorney, because any of us on this board can if we are willing to pay. Norman said no, Bartoldus won't do it that way.

Kevin MacPhee said that an observation was brought to his attention regarding 2202 NW Bayshore Loop, the Sanders home. There is a very large fence being built around this home. He wanted this on the record that there are things going on this construction project that are not part of the plan because he did not feel this fence would be approved. Larry Dahlke, Division 1, stated his point of view, that nothing on this project has been approved legally, including the height variance, nor this fence nor the drainage issues.

Bill Stephenson read a statement to Mr. Dahlke. "Mr. Dahlke again I must object to you and your associates calling me and other members of this community deceitful, dishonest and immoral people, and acts of corruption and criminal action." Bill said "That is my objection, Sir!" Larry Dahlke, Division 1, said he wanted to make sure his response to Mr. Stephenson was on the record. Mr. Dahlke said "I stand by every statement I have made in regard to you, sir, (pointing to Bill Stephenson) and in regard to this woman (pointing to Connie Abercrombie) and this man (pointing to Nelsen Witt) every…" Bill said "Fine, stand by them, you are going to live with them". Larry said "I do!".

Budget Committee

President Witt announced that we have members who were the same volunteers as last year, Connie Abercrombie, Jack Woods, Bob Platt, Mary Locker, and Sandie Eckerson. We need to officially approve the nominating committee and the budget committee.

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Kevin MacPhee made a motion to approve the budget committee of Connie Abercrombie, Jack Woods, Bob Platt, Mary Locker, and Sandie Eckerson and also the nominating committee of Anne Weeks, Barbara Mullen and Kevin MacPhee. Jim Harlan seconded the motion. The motion passed unanimously.

Office Security

Kevin MacPhee reminded the directors of the rule regarding the security of the office. Currently there are four keys issued: Sandie Eckerson, President Witt, Cam Cook, and Gary Cummins. If one of these four let anyone in to the office, they are supposed to supervise whoever they let in. In February, Sandie was ill for 2 days. The first day, President Witt was in the office to assist members, the second day, Connie Abercrombie was in the office, unsupervised. Connie replied that President Witt had asked her to come to the office to run it. Nelsen did not see any issue with a director being in the office unsupervised. Norman Fernandes said it would be more convenient for all the directors to have keys to the office, but it had been brought up in a meeting, voted on and passed. It's been violated. Kevin MacPhee said we are not allowed in there unsupervised. Bill Stephenson said if Sandie is not available then we just close the office and leave it closed. Barbara Mullen, Division 5, asked if we had an answering machine in the office. She was assured that we do. She then stated that there is no need for someone to be in the office when Sandie is not there. Kevin MacPhee pointed out we are under a lawsuit and someone is in the office unsupervised and could go through all these files. Norman observed that Nelsen has a key so there was no objection there. We did this for a reason and it applies to all directors. It keeps people from possibly accusing us of doing anything wrong. Connie asked what do you figure anyone is going to do? Norman said maybe remove files, change files. Barbara Mullen asked what is the necessity. Sandie is there most of the time. Nelsen explained that the concern we had when we first did this, no documents are to leave the office. If you need a document, you get a copy. This was brought up because someone had climbed over the top of the wall, leaving footprints on the desk and we didn't know what they were after. Norman said this was brought up now, because if we don't break our rules, then nobody can accuse you of anything. Nelsen said we did pass it; we will abide by it until we can review it. Barbara Mullen reminded everyone that the rule also pertains to those four who may let someone in. Norman said Sandie has told Cam but Norman felt Cam should probably hear it from the directors also. Each of us, when we ask Cam for access to the office, needs to ask him to stay there with us. Connie asked what happens if something serious were to happen to Sandie. Sandie assured them that Nelsen has access to the computer codes and keys for everything.

Spring Clean-Up Container

President Witt said in the past, in the spring, we have had a dumpster here to encourage members to clean up their yards. This is to be used only for yard trimmings. Norman said last year we did not have it for very many days. He would like to see that extended this year since the cost per day was only an additional $4.00 per day after the initial three day rental cost of $260.00. He suggested we have it through 2 week-ends to make it easier for members. The spring clean-up was suggested but it was decided that was not enough time for the members to utilize it. Barbara Mullen said the clean-up has dumpsters that are donated for their trash. Jim Harlan pointed out that we are to only have yard trimmings in our dumpster and he didn't want confusion. Norman thought later in the summer would be more useful. Sandie Eckerson suggested that we could have it the week of the Annual meeting when hopefully more people will be here.

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Norman Fernandes made a motion to have a dumpster for 10 days, from Friday through one whole week, the next week-end and pick-up on Monday. Jim Harlan seconded the motion. The motion passed unanimously. The dates will be May 11 through May 21, 2007.

Bayshore Women's Club

Connie Abercrombie announced that the Bayshore Women's Club donated $2,000.00 to local charities in 2006 from earnings of the yearly Craft Fair. Members of the Bayshore Women's Club are asking if they can expand to use the downstairs this year for booths. They are trying to make room for more vendors. The pool tables could have wood put over them to protect them while items are set on them. Barbara Mullen, President of the Bayshore Women's Club, pointed out that the more vendors they have the more money they can donate. The dates for 2007 Arts and Crafts Fair will be November 9th and 10th.

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Norman Fernandes made a motion to allow the Bayshore Women's Club to use the downstairs also for their annual Craft Bazaar. Kevin MacPhee seconded the motion. The motion passed unanimously.

Audience Comments

Barbara Mullen proposed that the Bayshore Women' Club and the Board of Directors do a joint effort for a Welcome Summer Potluck. They are proposing the week-end after July 4th. The Bayshore Women' Club would do the coordination and planning but they need Board approval. It was decided that Barbara would bring it up closer to the time, possibly when the new board is installed in May.

Executive Session

Pending lawsuit

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Norman Fernandes made a motion to adjourn the meeting. Bill Stephenson seconded. President Witt announced the meeting adjourned at 3:25 PM.

Minutes adopted by Board of Directors April 19, 2007

Sandie Eckerson-Secretary-Treasurer

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