Bayshore Home | Minutes Page

Bayshore Beach Club, Inc.
Board of Directors Meeting
July 15, 2006

In attendance:
Nelsen Witt, President Division 1
Kevin MacPhee, Vice President Division 7
Connie Abercrombie, Corporate Secretary Division 4
Roy Taylor, Director Division 1
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 1:05 PM. Invited members to sign their names if they wished to bring an issue to the Board. He assured the members they were welcome to comment on items the Board would be discussing.

Planning Committee

President Witt said because time was short, he had asked the Directors to vote by email or by mail for the nominated appointees to the Planning Committee. There were 5 candidates who received nominations. The 3 candidates who received the most nominations were Gary Cummins, Mark Hall and John Montgomery. Mark Hall was in attendance. Gary Cummins was absent due to working on Habitat for Humanity in Florence. John Montgomery was also absent. The Board had been handed a resume of those candidates who were interested in being on the committee. Those will be available if any members who wish to see them after the meeting. Ed Biancone asked for a repeat and spelling of the last names. Ed asked if it was official that they were on the committee. President Witt said to make it official a motion would have to be made and passed.

MS

Norman Fernandes made a motion to accept those candidates as selected by the nomination process. Kevin MacPhee seconded the motion. President Witt said a motion has been made and seconded to appoint Gary Cummins, Mark Hall and John Montgomery to the Planning Committee. He asked if there was any further discussion. Maren Taylor said she had the name of another person who was interested in the Planning Committee, Don Butler. How many people do we want? President Witt said we have 2 already and these 3 would make the 5 we are limited to. Ed Biancone said he would resign since he was on as a temporary, it was not his intention to stay on as a long term basis. Kevin MacPhee asked if he would be willing to stay. Ed said he would be willing to stay if there were no experienced people on the committee, of course right now there is at least one (Neil Hare). If the Board wanted him to stick around for training or for the secretarial work he would. He was prepared to vacate the chair.

MSP

Kevin MacPhee made a motion to keep Ed Biancone on the committee until the committee was trained and up and running. Norman Fernandes seconded. Ed said he is prepared to do that but did not feel he needed a position on the committee to accomplish that. He would do the paperwork until the committee elected a chair. Jim Harlan said for point of clarification that the by-laws provide between 3 and 5 on the committee. He wanted to be clear that there would be no more than 5 on the committee. Would Ed be a member of the committee? We are appointing 3 new ones plus Neil Hare and Ed Biancone. President Witt said Ed's seat would be vacated when the training is complete. Ed reiterated that he was prepared to resign. Jim Harlan said we just need to be clear if Ed's status is as a trainer and not a member.

President Witt pointed out that there was a motion on the floor that needed to be addressed and called for the question. Roy Taylor asked to have an explanation again of the motion. Sandie Eckerson said the motion is to select the candidates with the top 3 votes and appoint them to the Planning Committee. The vote was unanimous.

M

Kevin MacPhee made a motion to keep Ed Biancone on the Planning Committee as instructor until we have a permanent chair of the committee. President Witt said when Ed had accomplished what needed to be accomplished then we will fill that position. Ed said he could resign right now, and then the Board could fill the empty seat. Kevin MacPhee said Don Butler has been on the committee before and could take over right now. Connie Abercrombie said that the new guys should meet and get acquainted before shoving someone in who has already been on the Planning Committee. Jim Harlan still wanted clarification. Was Ed being a committee member or an ad hoc advisor? President Witt said Ed was appointed as a member and the chair and would be until he went away.

MSF

Norman Fernandes made a motion to accept Ed Biancone's resignation and appoint Don Butler to the committee. Maren Taylor seconded the motion. Connie Abercrombie said that procedures need to be set for the Planning Committee. The Board and Planning Committee should get together and make rules for procedures. The form letters need to be gone over. We need to get rid of the Resolution Committee. We are down to one member. The Board and Planning Committee need to decide how the Planning Committee should run.

President Witt said there were 2 motions that had been made. He stated that Ed Biancone was willing to resign but Ed did not base it on Don Butler being appointed. The proper motion would be to accept Ed Biancone's resignation, then a separate motion for Don Butler to be appointed. Jim Harlan said his understanding was that Ed made a clear declaration to resign. Ed Biancone brought his letter of resignation to President Witt. The Board accepted Ed Biancone's resignation from the Planning Committee. President Witt said the other motion (to appoint Don Butler to the Planning Committee) could be entertained. Roy Taylor asked for a restatement of the motion. Norman Fernandes said it was to nominate Don Butler to sit on the committee as chairman. President Witt said the Planning Committee appoints their own chairman. Connie Abercrombie asked what the motion was then. Norman said to appoint Don Butler to the Planning Committee. Ray Hunt asked Don Butler if he wanted to be on the Planning Committee, as Don Butler had not said whether he was interested. Don Butler said he has offered to be on the Planning Committee to several people, yes he is interested. President Witt asked Don Butler to tell the difference between the Guidelines and the CC&Rs. Don Butler said the Guidelines are the clarifications of the C&Rs. President Witt said Guidelines were never planned as CC&Rs, they are for your guidance on how to interpret CC&Rs. Don Butler said they are for anybody's guidance to interpret the C&Rs. Judging should not be made from the Guidelines for the interpretation of the C&Rs by the Planning Committee and anybody is who is building or whatever in Bayshore. They are strictly a clarification. Connie Abercrombie said the Guidelines has many things in them that are against the C&Rs. They need to be run over. Maren Taylor and Kevin MacPhee reminded Connie that was another issue. Connie said well, he said he believed in them. Kevin said we could go round and round all day long but needed to move on. President Witt said we can work on this later but the Planning Committee does answer to the Board. Norman Fernandes called for the question.

Yea vote:            Jim Harlan

                        Maren Taylor

                        Norman Fernandes

                        Kevin MacPhee

Nay vote:             Roy Taylor

                        Connie Abercrombie

                        Bill Stephenson

                        Ray Hunt

Vote was tied, 4 to 4.  President Witt voted as tie breaker and voted no. Motion failed.

Rosanna Creighton, Division 7, said she knows the vote is done but it appears that if a person wants to follow the C&Rs and have fair, equal obligation and have a strict Planning Committee who treats everybody the same and follows the C&Rs, uses the Guidelines as a guide, that you are opposed to them. So she wanted to know from this Board, those of you who voted against a very experienced Planning Committee member, what is that you want. What do you want from a Planning Committee, a bunch of people who just won't enforce the C&Rs, or will do what Connie says or get rid of the Guidelines? What is with you folks? What do you want in a Planning Committee member? I would like to hear that. Bill Stephenson said he would like to make one comment. He wanted to see somebody there who follows the C&Rs, not making their own decisions or other people's decisions out there on the C&Rs. The Guidelines are illegal. Rosanna Creighton asked when were the Guidelines determined illegal. Which legal body told you the Guidelines were illegal? Don Butler did not write the Guidelines. When did the Guidelines become illegal, who determined that? Bill Stephenson said that was his opinion. Roy Taylor said the Guidelines are only a guideline. Since he has been on the Board the C&Rs have been followed. He only wants what is in writing. What can we define what is right, not just a faction, but all of Bayshore. Jo Loughary, Division 1, said for many years, since 1965, she had been confused by the fact that the C&Rs were never written for Bayshore. They have been amended. She would like to see the C&Rs redesigned to fit this community, this town. Norman Fernandes said that would be almost impossible to do. It takes 70-80% of the voters to change the C&Rs. Jo Loughary said that's why we need the Guidelines. Don Butler, Division 6, said this had been a matter of conversation since he has lived in Bayshore. Please take in to consideration the Guidelines were written somewhere in the 70s. If they have been good enough for 30 years they should be good enough for while longer is the concept. If you want to change the C&Rs you can't get enough property owners to vote let alone get a percentage of the vote in order to change the C&Rs. So yes, there may be some minor things that are questionable relative to the C&Rs. I have had so many people tell me that what they want to happen is to have the C&Rs or the Guidelines brought up to current status to what has happened in the last 30-40 years. It is difficult to do, you are better off living with what's there and enforcing them unilaterally through the development so everyone is treated the same. Not one guy treated one way now and six months later with a different board we've got different treatments. It's better to have the Guidelines and the Planning Committee to use those to enforce the C&Rs. Norman Fernandes said the Planning Committee can, in addition to other rules and regulations, make regulations for building and so forth and so on. The Guidelines are those. The Planning Committee at the time, and throughout other times, had made those things and chose to call them Guidelines. But they are regulations as required by our C&Rs. The C&Rs give the Planning Committee the power to make regulations. We should abide by them as long as they don't conflict with the C&Rs. Connie Abercrombie said they do conflict. The Board and Planning Committee need to get together and make procedures. It is time the Guidelines are looked over and brought up-to-date. As far as getting the vote to change the C&Rs, there were 561 votes put out for the recall and that is hitting close into the 2/3 needed. She was not so sure we couldn't get a change to the C&Rs.

Breeze and Website

President Witt said at the last meeting the Board approved an additional requirement of the Breeze. What has happened is Bob Mowrer decided not to do the Breeze any more but to be the webmaster for our website. So what we need to do is decide is what is the original intent for the Breeze. Who actually publishes or edits? He always hears that it is the Board. There was a committee established and they published, printed and mailed it out. Since then there was a different committee and things changed a little bit. Eventually we need to decide how we are going to use the Breeze. There was discussion as to whether Bob Mowrer had resigned from the Breeze with the conclusion that he had not. No action was taken regarding the Breeze.

President Witt reported that the new webmaster said the website needs to be cleaned up, dates and out-of-date material. There was some housecleaning that Connie Abercrombie wanted done. Norman Fernandes argued that the forms in questions were valid through the Planning Committee. Discussion followed whether the forms and the sticker fees were valid. No action was taken on the website. President Witt said we will probably have to form a committee to get this resolved.

Tsunami Siren

President Witt announced that Ron Jones has his house for sale and is turning everything over to Norman and Norman will give the report. Norman Fernandes reported that he had met with Ron Jones. Ron had told Norman that a lot of the promises that Mark Jung had made have not come to past. Mark was supposed to contact PUD and use his position as chief of the fire district to see if they could help us get a pole, installation and so forth. There was even talk at first of having an engineer decide where this should go. Everything seems to be at a standstill. The siren is here, at the fire station. We have been informed that the process has taken so long that the price has gone up, but we don't know how much. It has been suggested that Nelsen Witt write a letter as President of the Board to PUD asking for their assistance. We need a pole and installation. PUD told Ron Jones they did not want to get involved. So far we only have this pole in our back parking lot of the clubhouse to put the siren. We have to decide what to do next to move forward. They will hold us to half the cost. Connie Abercrombie said she is surprised at PUD. She thought they had to do a certain amount of community service. We should get a hold of them and see if they will help out. It is part of their duties as doing business to do this sort of thing. Norman said we are not part of Waldport proper, just part of the county. Kevin MacPhee asked what do we do next. Norman asked if the board wanted him to follow up on this. Connie asked if the siren is at the fire station, why would it cost us more. Can we send it back? Norman said because of the time lapse the cost has increased and yes, it could happen to be sent back. Originally the cost for our half was $7500.00 with Seal Rock Fire District paying the other half. Mark Jung has since told Ron Jones that they would absorb the cost increase but we would be responsible for the installation. Kevin MacPhee suggested an engineer to tell us the location, considering the wind, for proper placement of the siren.

MS

Kevin MacPhee made a motion to appoint Norman Fernandes to take over from Ron Jones and research this project.  Bill Stephenson seconded the motion. President Witt stated the delay was partially due to the state decided to standardize all the tsunami sirens for tone and sound. Mary Lou Morris, Division 1, asked once the siren is installed, who will be responsible for the testing. Norman responded that the fire district will do the testing and the annual service on it. Mary Lou said with Mark Jung's history are we going to rely on that. Norman said we have no other choice. Apparently the siren would be activated by the 24 hour a day staff at the fire station. They are trying to get the automatic signal. The siren will have a battery in case of a power outage. The battery will be able to receive a signal and power the siren if there is no power.

Motion Amendment

Roy Taylor asked that the motion be amended to say that Norman Fernandes report back to the Board. Vote was unanimous to appoint Norman Fernandes.

Pool

President Witt reported that last meeting the Board approved a crank for the pool cover for $2500.00. It turns out that it is harder yet to move the cover. Kevin MacPhee said we haven't paid for it yet so if it doesn't work out we may send it back or get another bubble cover. This just happened in the past couple of days so we are still getting information. Norman Fernandes said Neil Hare and he were here when the crank was installed and it didn't look high enough to work but the installers assured them it would be fine. Connie Abercrombie said it needs to be taller so there would be no drag. Kevin MacPhee said the installers said it wasn't going to work well, but the caretakers said to go ahead because they would be leaving and didn't care. Connie said that the price of propane has gone out of sight. Kevin said that is because the temperature of the pool has fluctuated so much this year. We have a new thermostat. Kevin asked Sandie Eckerson about the bill for propane. Sandie said in June of this year it was over $5200.00 and just this week we paid for the first 2 weeks in July at $2270.00. Connie said that sounds good. Sandie said that was for 14 days. Connie thought that was in keeping with last year. Beth Marin, Division 7, asked if anyone had overseen these caretakers. She said she had gotten many calls this year for the temperature being 96, 95, is nobody checking this. If someone was watching maybe the propane wouldn't be going out the window. Kevin MacPhee said that is why they are gone. It is not that easy to turn the temperature down; it takes a longtime to adjust that pool. The caretakers did not want to be supervised nor did they want to do the work. Mark Hall said they led us to believe that they were experienced in pools. The temperature would be way down one day, then way up the next. They were constantly chasing the temperature. Kevin said that uses way too much fuel doing that. That is why our fuel costs are so high. Norman said we can't seem to maintain temperature so we need to find out why and fix it. It should be that no one needs to mess with it; it stays within 1-2 degrees all the time. Kevin said now that the caretakers are gone we can fix things. I thought they were doing their job and they weren't. I take the blame since I was their supervisor, I take full responsibility.  Sylvia Higuchi, Division 3, asked if we could find the money to hire professional people to maintain the pool. Kevin said that is way too expensive. Mark Hall, Division 1, said the temperature has been within 1-2 degrees the last couple of days. Kevin MacPhee said Mark & Lisa Hall and Russ Starnes have worked hard to clean up the pool and we acknowledge their hard work and ability to step up to the plate. Marilee Waldron, Division 3, asked if Russ, the pool attendant, who is knowledgeable in chemicals, why not pay him extra to take care of it. Jo Loughary, Division 1, said she seconded that. She was so impressed with the knowledge of Mark, Lisa and Russ and in the amount of work they have been doing. She would like to see them take over and be compensated for it. Kevin said that is already in the works, we are already talking about it.

Executive Session from 2:05 to 2:55 pm

President Witt re-adjourned meeting at 2:55 pm. He reported regarding the caretakers situation. We will be putting together a committee to recruit for caretakers, possibly look for older, retired people with independent income. Carol Botelho, Division 7, asked for the reason why the caretakers resigned or were fired. President Witt said they were not fired. They resigned. Jim Harlan said we could not go into personal issues. President Witt asked if there were any more comments. Norman Fernandes pointed out the items on the agenda. One said lawsuit but was a letter from an attorney regarding the meeting on May 3. No action taken on that. The other item was taking care of ballots during elections. We agreed ballots must be secured. No action taken on that either.

There was much discussion about compensating Mark and Lisa Hall and Russ Starnes to take care of the pool, building and grounds. Issues such as Workmen's Comp, pool chemicals, extra pay and extra hours were discussed. The process of hiring for caretakers will start immediately. Jim Harlan summed up the issues by saying we have two employees right now, bless their hearts, who are going above and beyond because the caretakers have left. There is a process under way to recognize that in the form of compensation. The remaining issue was whether to add Mark Hall as a temporary employee to pitch in and help during this interim period while we are looking for caretakers.

M

Bill Stephenson made a motion to compensate the pool attendants accordingly. Motion failed for lack of second.

Norman Fernandes made the motion to adjourn and was seconded by Jim Harlan.

Bayshore Home | Bayshore Board of Directors