Bayshore Board of Directors Minutes
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Bayshore Beach Club, Inc.
Board of Directors Special Meeting
June 20, 2007
Norman Fernandes, President Division 6
Kevin MacPhee, Vice President Division 7
Jim Harlan, Corp Secretary Division 4
Nelsen Witt, Director Division 1
Maren Taylor, Director Division 2
Neil Hare, Director Division 3
Bill Stephenson, Director Division 5
Don Butler, Director Division 6
Sandie Eckerson, Secretary-Treasurer
Larry Dahlke, Director Division 1
President Fernandes called the meeting to order at 5:35 PM
Approval of Minutes of June 1, 2007 Maren Taylor wanted the word "illegal" inserted on page 4, line 4 before the words "beach fires" because the Port of Alsea is against illegal beach fires and she didn't want to misquote them. (After checking the tape, this was an omission by Sandie when typing the Minutes)
MSP Maren Taylor made a motion to adopt the amended Minutes of June 1, 2007 Special Board of Directors Meeting. Kevin MacPhee seconded. Yea vote: Maren Taylor Kevin MacPhee Don Butler Neil Hare Nelsen Witt Bill Stephenson
Abstained: Jim Harlan
Planning Committee and Board of Directors President Fernandes explained that a previous Board had ruled to separate the Planning Committee and the Board of Directors. He asked the directors to rescind that motion to allow a member to sit on both committees since it is difficult to find members willing to serve. There was discussion about whether a person should vote if serving on both committees especially if a member appealed a decision by the Planning Committee to the Board of Directors with the same person on both boards. There was also discussion as to whether it is a conflict of interest to have a person serve on more than one board. It was suggested that the member who is serving on both boards should abstain from voting if an appeal comes to the Board. President Fernandes asked for a straw vote: Do you think a director should vote in the case of appeal to the Board? No Vote: Jim Harlan, Don Butler, Maren Taylor, Nelsen Witt, Bill Stephenson, Kevin MacPhee Yes vote: Neil Hare. Neil Hare objected to having a vote of a director taken away. Discussion was that possibly the director should not vote on the Planning Committee, the director should be a liaison member.
M Neil Hare made a motion that any and every board member should be on a committee. Bill Stephenson said the by-laws stated "a person can serve on two committees if the board so desires". Don Butler clarified the by-laws state "a person can hold two offices if the board of directors so desire" it has nothing to do with committees at all.
Motion failed for lack of second.
MSP Jim Harlan made a motion that a board member can and should serve on Planning Committee providing the board member, as a general course, recuse himself from considering appeals at the board level. Kevin MacPhee seconded.
No vote: Bill Stephenson
Yes vote: Nelsen Witt Maren Taylor Don Butler Jim Harlan Neil Hare Kevin MacPhee
Motion carried 6 to 1.
Fine Schedule President Fernandes asked will the Board rescind the motion made on April 16, 2005 "to revoke and to be held in abeyance all fines, fine schedules, and fine procedures enacted in any time by the Bayshore Board of Directors of Bayshore Beach Club, Inc. until the Annual Member Meeting in which a newly elected board will review" and adopt the fine schedule and procedures dated 5/5/05. The reason this is coming up it is obvious that we have problems and we need a fine schedule. A board was recalled partly because of the fine schedule. Even though it was rescinded and it ran out that is not enough just to let it run out. Attorney Bartoldus advised we must make a motion to adopt it if we wish to do so. Also a notice must be sent to all members. Jim Harlan strongly advocated for going to the membership for adoption of the fine schedule. He opposed a board adoption of a fine schedule without the membership. Bill Stephenson opposed a fine schedule no matter what. He was asked if even the members voted for it. Bill said he would still oppose a fine schedule. Neil Hare said we need a way to enforce the C&Rs but he would not endorse the current fine schedule without modification. President Fernandes said we will probably get as many fine schedules as there are people in Bayshore. Kevin MacPhee said fine schedules work in other communities so it should work here. We need enforcement of the C&Rs; it's what gets peoples attention. It is up to us as elected leaders to implement some sort enforcement. Nelsen Witt said as directors we need to poll the people not stuff it down their throats. Neil Hare said the Planning Committee currently writes a letter to a member for an infraction and most of the time the situation is taken care of. He agreed that force is not the way to treat the members. Maren Taylor agreed that we need a fine schedule but did not feel we needed to pass it without input from the members. The community needs to be able to discuss, argue about it if they want to, there are a lot of things that seem too cheap, some too expensive, mis-information of some. We need to proceed more slowly. Don Butler said he was involved in formulating the fine schedule. The information came from other developments that have similar C&Rs and problems as we do. The Homeowners Association Handbook was used to set the process almost verbatim for levying the fines. Our only other method at this time is to take a member to court to make them follow the C&Rs. Whether we have a fine structure or not is a moot point, how we implement it, how we approach the public with it is what the contention here is. He felt the membership should have a period of time before the fines are enforced to read it, discuss it and adjust to it. Mary Lou Morris, Division 1, said she was on the board that was recalled and involved in implementing the fine schedule. The fine schedule was approved by the Board of Directors, not a fly-by-night action. It came from a Board meeting because of problems with construction. At that time, the only means of dealing with the violations was a lawsuit. A person from the audience suggested a fine schedule. A survey was sent out and 72% of the responding members were in favor of a fine schedule. This fine schedule was talked about for almost a year; it was in most every Breeze that went out, there was nothing done over night. There was a lot of planning and a lot of thought put into it. The fines should be a last resort. It should be worked out neighbor to neighbor. Barbara Mullen, Division 4, suggested that each director meet with members in their division to see what they think. The Board of Directors should not dictate what the members want. It was discussed how to present this to the members and was decided to mail a letter with the membership cards. Bill Zatwarnicki, Division 7, stated that the members need to be convinced that it is in their best interests to enforce the C&Rs. Eddie Benson, Division 4, suggested that the members in each division be encouraged to contact their director and voice their opinions. It was suggested when the letter goes out with the membership cards that we indicate which division the member is in; also that some data be included for the justification of the fine schedule.
MSP Don Butler made a motion to include in the upcoming mailing, a letter authored by the President indicating the Board is considering reviewing the fines system for potential enforcement and solicit membership responses to the letter. Maren Taylor seconded. Jim Harlan asked for clarification of what we are sending specifically. We are sending a letter to tell members this is coming down the pike, for the members input regarding the fine schedule and we will send a letter for their vote at a latter date. President Fernandes clarified that if we do possibly approve it we will send it out for a vote.
Yes vote: Kevin MacPhee Neil Hare Jim Harlan Don Butler Maren Taylor Nelsen Witt Bill Stephenson Bill Stephenson changed his vote to a no vote. The motion carried 6 to 1.
MSP Jim Harlan made a motion to include in the membership card mailing, the 2 page questionnaire and a return envelope that has been developed by the hard and long efforts of your illustrious Bayshore pool committee. Bill Stephenson seconded. The motion carried unanimously.
President Fernandes said a previous board had rescinded everything Mary Lou Morris' board did, blanket. He did not think that was right and thought it should be changed back. A significant portion of our guidelines and policies and procedures were removed by that action. One whole year was affected. The motion read "to rescind and revoke all resolutions and enactments of any and all rules, procedures and guidelines past, accrued, resolved or enacted by the board of directors of Bayshore Beach Club, Inc. during the period from the beginning the annual meeting on May 15, 2004 until the meeting being held on April 16, 2005." Jim Harlan said that some time ago he had taken, at his own behest, a review of all the Minutes during that time period, different things adopted by that board. He is a long way along on that and it is not that difficult to isolate, in a general sense, what those particular topics were as opposed to the detail. The general outline of policies was adopted and was, under that motion, revoked. The revocation was an ill-thought, knee ax approach and intellectually lazy. It should not have been done. Having said that, I have now on the board for over a year and on more than one occasion have listened to discussion within the board on the impact the Guidelines have on the membership and the fact there are contradictions between Guidelines and C&Rs. In fact several meetings ago we had formed an ad hoc committee to look at that very subject. He thought we should go that way and decide what we want to bring back in. We do not want another knee ax approach. Bill Stephenson said the Guidelines should be more restrictive than the C&Rs. We need to revisit the Guidelines. President Fernandes said the Board is not needed to okay the Guidelines. It is up to the Planning Committee. The By-Laws are very clear on that. The C&Rs gives the Planning Committee the power to make the guidelines or rules and regulations, there is no doubt about that. The interpretation of whether some go against the C&Rs and some don't, is a hard call to make. Mostly it does go along with it. There was a lot of thought that went into it. Bill Stephenson said the whole sheet on manufactured homes contradicts itself, it was not well planned. Don Butler said the Guidelines were implemented in the 80s, not by the last board. They have been in place since 1983. They used to be recorded but the county will not do that anymore. They are documented by our attorney. The revisions to the Guidelines are at the control of Bayshore. That is revisions to. The only revisions to the Guidelines since 2003 have happened in the issues of the trees and of the RV and boat issues. There was much discussion regarding the differences between site built homes and manufactured homes. Don Butler said the purpose of the Guidelines is not to conflict or make more restrictive but to clarify constant different interpretation by the Planning Committee, contractors, and homeowners. It was an attempt to narrow things down to what could or could not be done under the C&Rs. We can impose more restrictive rules than the county, ie the 15 foot limit. President Fernandes brought the discussion back to the rescinded motion.
MSP Don Butler made a motion that with Jim Harlan's help or guidance we review the rescinding motion and make recommendation for which rules or procedures that can be reenacted and which ones need some level of discussion by the board by the July meeting. Maren Taylor seconded. President Fernandes called for the question. The motion carried unanimously.
Thank you President Fernandes thanked Mel Williams for her $30.00 donation to the pool and to Diana and Tim Martin for purchasing 6 hanging plants to hang in the pool area. This was a cost of $125.00. Sandie to write letters of thank you to each donor.
Fire Hydrant Shutdown Letter The letter from Sandpiper went out May 28th asking to change to the winter months but the answer was no. There will be no water to the fire hydrants for 2 months. It was decided that President Fernandes write a letter to the Seal Rock Water District voicing Bayshore's concerns just to be on record.
Visual Nuisance Letter This came to the Board because it is outside the Planning Committee's prevue to issue such things.
MSP Bill Stephenson made a motion to deny the visual nuisance letter. Jim seconded. The motion carried unanimously.
Pool Temperature Neil Hare read a letter from a member that was unsigned, "Dear Board Members: It has come to my attention and both morning exercise classes that Neil Hare has taken upon himself to put the pool temperature to 81 degrees. This is an unlawful action since our CC&Rs set the pool at 85 degrees." Neil said that at no time did he say 81 degrees. He has been checking the temperature for the last five days for a proposal for heating the pool. He did not know who authored this. He had read the C&Rs and it does not say 85 degrees. So there are mistakes in the first paragraph. President Fernandes said it was a decision by a previous board to set the temperature at 85 degrees. Jim Harlan had called the Newport pool and they set theirs at 85 degrees. Jim had heard many rumors as to why the temperature was changed. Neil wanted to know who authored the letter. President Fernandes wanted to set the record straight. He and Kevin MacPhee had told Cam to set the temperature to 83 degrees. He questioned Neil about whether he had said that 85 degrees promoted bacteria faster. Neil said that was on the internet, bacteria grows faster and requires more chemicals and heat. President Fernandes said he and Kevin used that to make the decision. He said he told Cam to return the temperature to 85 degrees. Barbara Mullen, Division 4, explained the exercise classes need it warmer because so many of them have injuries and the cold makes it worse. President Fernandes said if anyone needs to be blamed, it's him. It will remain at 85 degrees and he was sorry for the inconvenience.
Dark Skies President Fernandes asked Marv Waterston to put together a short article for the Breeze. We will need specifics. It will cost Bayshore as a whole, between $5,000 and $20,000 to implement this. Marv Waterstone said he has resources for information on a procedure to move forward. He wanted to know if it should be just for the website or the newsletter. President Fernandes suggested both. You need to contact the website committee and make it happen. Maren Taylor asked Marv to contact her as the website committee chair. Marv said he would. Neil Hare said he recalled at the last meeting there was discussion of Bayshore versus Sandpiper Shores for street lights. President Fernandes we are paying about a $1000 per month for street lights and 23 of those are yard lights. We are paying for them. He is still researching with PUD why we are paying for little yard lights in members yards. We are also renting a pole here month after month which if we had bought it would have been paid for.
MSP Jim Harlan made a motion to adjourn. Kevin MacPhee seconded. The meeting ended at 7:30 PM.
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