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Bayshore Beach Club, Inc.
Board of Directors Special Meeting
August 18, 2007 at 1:00 PM.

In attendance:

Norman Fernandes, President                        Division 6
Kevin MacPhee, Vice President                     Division 7
Jim Harlan, Corp Secretary                             Division 4
Nelsen Witt, Director                                      Division 1
Larry Dahlke, 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

President Fernandes called the meeting to order at 1:07 PM. He then turned the meeting over to James Harlan, Corporate Secretary.

Jim Harlan, as Corporate Secretary and a member of the board, wanted to take care of what he thought was the most important thing first. He introduced Sandie Eckerson, the Office Manager and said, in his opinion; she is probably the glue who holds things together here. Sandie does an awful lot of stuff, most of which none of us ever see. One thing Sandie does not do, Sandie does not make policy for Bayshore. The board does and at times directly the membership does. Sandie does not, Sandie is an employee. The other thing Sandie does not do, Sandie does not get paid enough to put up with the abuse that she receives from some of you people. She is not here to be yelled at for the fine system or the lack of fine system. If you need to yell at somebody, yell at one of your illustrious board members. If you don't know one, kindly ask Sandie to provide you with a name and phone number. DO NOT yell at Sandie, otherwise she will quit and then we are all in trouble. Joe Vandehey said really, (inappropriate language), can't imagine. Jim said that includes you Joe, do not! Joe said it all included him. Jim said secondly, as Corporate Secretary, the ballot box is in the back along with several of my wonderful volunteers. DO NOT yell at the volunteers, please. They are only doing what I have asked them to do. Do not yell and scream at them. If you are questioning something then please come and get me and we will go outside and discuss it. Ok? The voting is open now and if you haven't voted you can get up and drop your ballot in the box at your convenience. We will keep that open until the President has declared the voting closed, which will be in a while. Any questions on that? If you have already voted don't bother going back there and dropping in another one. Last and probably least in importance. Those of you who know me probably know and I will tell the rest of you, I have tendered my resignation from the board. I will be leaving as both a board member and the Corporate Secretary.  I must say it has been an honor to serve you. I can't always say in all honestly that it has been a pleasure but it has certainly been interesting and an experience I will not forget. My wife and I are members of Bayshore and we will continue to be members of Bayshore. But as of the 1st of September you can stop throwing rocks, at least at our house. Check the neighbors, throw it at them maybe. Thank you.

President Fernandes asked the board how we will proceed before we get the votes in. There was confusion on whether the board will make a decision using the votes in an advisory manner or as an up or down vote. The up or down vote was never very clear so he asked the board for a motion stating how we are going to address this problem. Or we can take discussion.

Bill Stephenson made a short statement. "I apologize for my misinformed vote about the right as a paid up member or an unpaid member. I was working with wrong information. After reviewing it, all members have the right to vote; dues paid or not. Therefore I revoke my approval given in the Minutes of July 21, 2007."

President Fernandes said Jane Hamblet informed him any member could vote regardless of their standing. So we are going to accept all votes and we have been accepting all votes, all votes are good. Do we have any discussion or comments on this issue of voting? This will be from the Board of Directors.

MSP

Jim Harlan made a motion that the vote of the membership, given the ambiguities that have plagued this process, be a strong advisory to this board as to the direction it should take. Some members adamantly said no. One member said they do not have a right to supersede his (Jims) motion. Jim Harlan agreed that, no, they couldn't, it was a board motion not a membership motion. At least he wanted to make that motion to open the discussion on the board as to how to proceed with this. President Fernandes asked for a second. Maren Taylor asked Jim Harlan to repeat his motion. Jim explained that it seemed there were two ways to go with this vote of the membership. As he saw it we wanted to get this resolved one way or another today. We can make the vote advisory and at least for him, if the vote is negative then the board would feel duty bound NOT to adopt the fine schedule. The second alternative is to make the vote a binding vote, in which case, in his opinion, if the majority is again negative it would bind the board to follow it. It is a nuance position in his opinion and quite frankly made the motion to get discussion going on the board as to which way we should go. Nelsen Witt seconded the motion. Bill Stephenson said it gives you two alternatives. One was to make the vote advisory and the other was to make it a binding one. Jim said he made the motion to make it advisory if it fails for a second or fails in a vote then the logical thing would be someone would make a motion to make it binding, hopefully someone would second that and we would vote again. Nelsen Witt held with his second. Don Butler asked President Fernandes to clarify. President Fernandes said Jim would correct him if he was wrong, Jim would like the vote held up to this date as an advisory, I think he put strongly advisory, vote to the board to make their own vote amongst them. That is the motion on the floor, regardless if it is turned down or not.

A member asked if the membership would have any input prior to the vote. President Fernandes said yes but we do not want to be here all day. Joe Vandehey, Division 3, was absolutely against a fine schedule. The motion was whether or not it is advisory or binding. President Fernandes said right now it is advisory. Joe Vandehey said his comments were directed only at whether or not the vote you have from the people whether or not we are going to make it binding and end it once and for all. Or whether or not this board or a future board, because he had a petition here if anyone wanted to sign it to remove most of you who want to go court over the fine schedule. He would be right out here and people can sign. The bottom line was whether the fine was going to be binding or informational. "Boy, I see a lot of information out there. I'd make it binding, that's my opinion." President Fernandes asked if there was anything more from the board members. Jim Harlan called for the question.

Jim Harlan said he made the motion to move the process along but felt duty-bound because of resigning to abstain.

No vote:           Bill Stephenson

Yes vote:         Don Butler
                        Kevin MacPhee
                        Nelsen Witt
                        Maren Taylor
                        Neil Hare
                        Larry Dahlke

Motion carried with 6 yes votes, 1 no vote, 1 abstain vote. President Fernandes said he realized it was not a popular thing.

Joe Vandehey interrupted the meeting by giggling loudly. President Fernandes asked him to keep it down. Joe Vandehey said he would be out front for everyone who wanted to sign the recall petition. Members told Joe Vandehey that was not why they were here. He agreed but it is what they were forced to. President Fernandes said there would be time for comments from the audience but right now the board…. Joe Vandehey interrupted by saying here was his advisory vote. (He held up a clipboard with papers on it) President Fernandes said there would be comments from the floor and he wanted members to be aware that a lot of people who voted both for and against it had concerns about the severity of the fines and the ambiguity of some of them in there. He would not propose leaving it the way it is. He recommended the board not to vote on this right now before we come up with something much more acceptable to the membership. There is recourse, like Joe Vandehey said, recall for those who voted for it.

Don Butler said that owing somewhat to the number of emails received by the board he suggested if the vote comes out dead negative the board would then be obligated to put this to rest for awhile. To study it and come up with a system that is more acceptable by everybody. He understood that by the reaction of the audience in general were not in favor of the fine system. Having said that, we still need to look at the ability of the board to enforce the C&Rs and apparently the fine system we have presented, which he was a part of, is not acceptable either by the number of fines, the implementation of the fines or the result. This board should then be obligated to research this fine system and get more input from the membership at large as to what to do about it. If there are issues with implementation or the severity or whatever, bring it to us so we have the information we need to make an appropriate decision to be able to be in a position to enforce the C&Rs. Currently we have to resort to the courts. The courts really don't want to hear lawsuits about barking dogs etc. There needs to be some way to make our neighborhood a pleasant place to be, some control needs to be there through the C&Rs that we all agreed to when bought our property. Regardless of whether this vote comes out yes or no the board still needs to look at a fine schedule and if it needs to be a better schedule or better system as guided by your input then we can make a decision that is more appropriate for all of us.

President Fernandes said we will hold to about 3 minutes per person so as not to be here all day.

Narda Tolentino said she also belongs to an HOA in Gresham that also has a fine system that is limited to really huge flagrant issues. It works and the homeowners are pleased with it because they agreed to it, they were part of deciding what the fines are for and how much it would be. Some things can't be fixed that way. This fine system is not acceptable to us. There are ambiguous items for which nobody could agree to without knowing the scope. The time to respond need more time for non-resident owners. If a fine schedule is to be enacted it must have community input to be developed.

Point of order was made from a member who asked if the sign up sheet was going to be followed. President Fernandes said yes but Narda had to leave the meeting so was given a chance to speak so she could leave.

Gary Cummins of the Planning Committee said the Planning Committee is the committee which enforces the covenants. "Now you may have a problem with the board. The board never sees complaints from you folks. He gets the complaints." He read a complaint……

"We have a neighbor at such and such an address who, for the past 5 years we've lived here, always has numerous vehicles on their property. Currently there are 5 vehicles on the property including a permanently parked camper and a boat. The trash, litter and debris that is scattered about doesn't help the overall look." Now you don't live there but perhaps you have a neighbor who lives there. There are places like this at Bayshore. There are people who have $200,000, $300,000, $400,000 invested in their property. They want to retain their property values. He gets the complaints, the board doesn't. He is the one who has to answer the letter, check the covenants to see if the complaint is covered and then send the letter to the folks to tell them what they have to do. 80, 90, 95% of the time people are very cooperative. 5% of the time they are not. They thumb their noses at us. It is unfortunate because it is your property values at stake. One of the biggest violators of the covenants is the young man outside here trying to get a recall to the board. The board is not involved. He has asked 2-3 of the board to bring the fine schedule up as an issue because in 5% of the cases the covenants can not be enforced. You may not like the fine schedule as it is put together but there needs to be something. You may be against something; it is very easy to be against something. Let's be for something so we can retain our property values here.

President Fernandes said we will go by the sign up list but if we can, he wanted to give pros and cons evenly spaced, if we have enough of each. A member of the audience called for point of order as he did not understand how the vote from the board had been accomplished. He felt a major policy had been established here and would like to understand it better. If the board is establishing policy right now that no matter how this vote ends up today you don't have to go by it, that is a major change in policy. He thought the membership should vote on it. We have people grabbing mics and talking, yelling, but he wanted to get this part done. President Fernandes explained he had asked for more discussion and received none so had called for the vote. The vote was a poll vote from each and every member. He asked Sandie to read each board member's vote. Sandie said she started with Jim Harlan, he abstained as he was resigning from the board, Bill Stephenson voted no, Don Butler voted yes, Kevin MacPhee voted yes, Nelsen Witt voted yes, Maren Taylor voted yes, Neil Hare voted yes and Larry Dahlke voted yes. That came to 6 yeses, 1 no and 1 abstain.

John Gardner, Division 5, asked if he could raise a subsidiary point of order. There is a lot of confusion in this room on what the board vote meant. It is taking advisory because if the vote is strongly negative they are going to vote no fines. If it is strongly positive that does not mean they are going to move for the fines that are on that list, because there is a lot of opposition to the fines on that list. By being advisory they are saying they are not taking the fines if there is a positive vote. He thought that was fairly important. A member brought point of order asking that Joe Vandehey be asked to leave the meeting due to the obscene gestures he was making. President Fernandes said as long as Joe Vandehey says nothing, he can stay, he is a member. The member said he (Joe Vandehey) was not a member of this society. Joe Vandehey responded. President Fernandes said Joe had the right to be there but did not have the right to be out of order. He said we can not make him leave. Joe Vandehey responded with "feel free to try". John Gardner asked if the board agreed with his interpretation of the point of order. President Fernandes agreed that it was an accurate description.

Jamie Moffett, Division 4, has been a property owner since 1991. One comment about the gentleman who says he is the only one to get the complaints, he was wondering if the board really should hear those complaints. This would give the board good input on the feel for what the Bayshore community actually is. He believed that everyone in Bayshore wants a nice place to live or visit. The history of the board shows inequities, with a wink and a nod, such as a height variance allowed to some and not others. But this action did not result in financial ruin and possibly loss of property as the proposed fines schedule does. Past history shows that the C&Rs deal with tree heights have never been enforced uniformly. Only when a person complains to the board is there any action taken. When we look around at the majority of the homes trees are higher than the 6 feet limit, throughout the entire division. If the CC&Rs have a height limit why has it been ignored except in rare instances? Again it is the inconsistencies that are troubling. There are many ways to get compliance and most of our members are willing to work with a reasonable board. A board that is working against the members is not reasonable. It would be a mistake to give the power of exorbitant fines to any group of individuals without oversight from an outside group. We have too many doubts that the fine schedule would be enforced with any degree of fairness. I hope that you will join me voting against these outrageous and unjust fines. We just need to stop this insanity and get back to earth in our Bayshore community.  

Mary Lou Morris, Division 1, wanted to address the information given to the public about it not being the board responsibility to initiate a fine schedule. Our governing documents all talk about the enforcement of the C&Rs. In Article 5, Sections 5 & 6 of the By-Laws it talks about the enforcement of the C&Rs. In the C&Rs themselves in Article 5, Section 2 it talks about the enforcement of the C&Rs and in 5 sections of the ORS which we are governed by, they talk about the enforcement of the C&Rs and the authority given to the board of directors to initiate a fine schedule if they think that is appropriate. She just wanted the membership to know the board does listen to the membership and they don't do things willy-nilly. We need to give this board credit for all the hard work they do and put some faith in them.

Jerry Crowson, Division 4, has had a home here since 1975. We love this community. We have had our difficulties in our community here and that is too bad. We are not permanent residents here but we plan on doing that soon. When we talk about fines, lawsuits over the years and he thought the board would have these numbers as he did not. He didn't think we had been sued very often for over-height trees or shrubs, height variances and many more for many years. He had wanted a 6" variance and was told no; that was ok. But there is a house in front of him that is 20' 3". He was not complaining for him but it is all over this community. When we have lawsuits it is almost always in regard to construction, heights variances, things we allowed to happen. He had seen times in the last 20 years here where we have made people tear a roof off. He had seen a house in front of him that he hired a person to go down and shoot it in, the property owner said get off their property, he was going to build what he wanted and it's sitting there in front of him. He didn't know if we can go back to Measure 37, but when we do something like that it takes away the value of the property. He had a really nice ocean view, now the horizon is gone. What is the damage to his property and all other people this has been done to? He wants his view back. This is not an equitable fine schedule. He hoped the board would find a way to solve it. We do love it here and are happy to have you as neighbors.

President Fernandes said the balloting would be closed at 2 PM. If you have not voted please do so now.

Rosanna Creighton, Division 7, spoke about this board's need to enforce the C&Rs. She had been saying that when Nelsen Witt was President for 2 years and now this board. The Planning Committee has been trying to deal with it too. The vibes from the group today was there were a lot of strong feelings. She just wanted to say that when we sign our properties and to the C&Rs, we all thought that we wanted to have them. This group is here to enforce it because our legal documents say they have to enforce it, it is their legal responsibility. So we need to give them the tools to enforce it. If they want to re-work the fine schedule and come up with something that is more comfortable for you folks or another process that will be effective, give them a chance to do that. We can be patient, we have gone this long, we can be patient a little longer. We can try to understand each other's view points. If this schedule is too draconian then let's have them re-work. Let's not blame them for the fact our legal documents says it is their duty and the duty of the Planning Committee to enforce the C&Rs.

Darryl Curran, Division 2, said he made a special trip to be here for this meeting. When they signed on their property it was for the C&Rs. He lives on Pine Crest Way and there is a house there that has been under construction for 2 years. The contractor built it 5 foot too far in front. It is also too high according to our C&Rs. We have to give the board the power to control this community, our village. They work hard and we have to back them up. As property owner my property values have dropped with that partial house sitting there. It is also a big fire hazard. There is an open fence which is dangerous. It has been way too long, get it fixed up, tore down, it should not have gone on this long. That is what height variances are for.

President Fernandes said he is right but the only thing we can do is take him to court. The contractor bought the owner out because the owner thought the contractor had done wrong. It is an eyesore and dangerous too.

Janice Sanders, Division 1, said she did not receive any information on the fine schedule nor was she given an opportunity to vote as she did not receive a ballot in the mail. She stated she does not have a lawsuit against any of her neighbors or this association. If it was not for the mailing by the Friends of Bayshore she would not have any information that this was even going on. When she paid her dues she gave a change of address to the secretary at that time. It should be on file. She wanted to know why she has not received mailings from this association. President Fernandes said we don't know why you did not receive it, it was sent. The Friends of Bayshore use the same list. He told her he was sorry it happened and there was still time for her to vote if she liked. Janice Sanders said they gave her a ballot to vote. She wanted to go record that this was not the Sanders/Dahlke lawsuit as addressed in the last Minutes. When the Dahlke's lawsuit is addressed, she would like to have all parties named in the lawsuit including the association listed. President Fernandes said we can do that, we just put the plaintive. The defendants are Joe Vandehey, the association, 3 of the board members (one is no longer a board member) Janice Sanders said yes but you always just put Sanders and Dahlke. She said next, we the members of Bayshore would like to have an exact accounting to date of what Dahlke's lawsuit has cost this association. This would include insurance deductibles, fees for minutes between board members and Bartoldus, along with any other costs our dues are covering.

President Fernandes said he did not have the exact figures but it is more than $2500.00 as that was our deductible and we must have that as we have to defend ourselves. There is nothing we can do about that. Janice Sanders said she would like to see that in the next Minutes or Breeze or whatever. She also said if you don't have someone to do an audit, she does audits for the government and would gladly to do it for us. Or one of the board members can put that together. President Fernandes said he believed it was included in our financial report. Janice Sanders asked if that is what you just financially put in there to cover it or what you have paid to date. President Fernandes said it is paid to date.

Thomas Theobald, Division 1, expressed concern about the 6 foot tree issue. Although it did not affect him personally, he envisioned properties filled with stumps, many trees begin their branches above 6 feet, so to whack them off means nothing. That will not beautify or save property values. President Fernandes said he was on the Planning Committee a while back and that 6 feet was changed to whatever it took to restore the view whether it was above 6 feet or whatever. That would have to be from the Planning Committee. On the trees it does say "without permission from the Planning Committee". The guidelines as he knows them now, state that you can not have the trees above 6 feet, except original, natural, without permission of the Planning Committee. The Planning Committee can have the tree trimmed to restore the view, it doesn't have to be 6 feet but they can't ask for it to be below 6 feet. 

Jo Loughary, Division 1, asked for the definition of natural tree. She has been a member since 1965 and there were no trees here originally. She was disturbed about using "original". The point is the CC&Rs were never developed for Bayshore, the original developers brought these C&Rs from another development, she was not sure where, but the developers brought the C&Rs in and laid them on us. This was sand dune, knocked down and planted with grass and there were no trees except on the hill. Originally we were asked to go up there, get small trees and move them down here. So she is confused by the term natural, original trees. President Fernandes said he would ask Gary to respond but then stated we would stick to the list.

Gary Cummins, Chair of Planning Committee, said the tree issue is a separate issue from the fine schedule. He would be happy to have a separate meeting on the tree issue but right now we have a broader issue of the fine program or fine schedule, but if someone would like to come to a planning meeting he would be happy to tell them how we define the tree issue or tree covenant is interpreted and enforced.

President Fernandes reminded everyone the ballot box was closed now. Jim Harlan asked if anyone else had a ballot they wanted to put in the box otherwise his loyal volunteers and he would start counting. He offered that anyone who felt they wanted to observe the process but no yelling, no rocks, and by all means no interfering with the vote count. If you want to come back and watch while we take out the votes I don't like and burn them….. Joe Vandehey said "you would not allow obscene gestures now come on!"

Doreen Theobald, Division 1, said she lives up on the Bayshore Loop and bought the house 3 years ago. The trees are huge 30-40 feet. Where does that leave us? We see where we have to have the trees to 6 feet but all we would have are stumps. The trees are everywhere. What does that do to us? There isn't any view to block. President Fernandes said at this time he could not answer it and maybe the attorney would have to decide what original natural trees are. He said he still had a name on the list that could not be read, maybe at the end that person would speak up..

Hal Culbertson, Division 5, said anything he had to say had been answered. He was against the fines. The gentleman who gets all the emails concerning the problems, he says they generally do what they are asked to do. He said 3% do not do what is asked of them. With that said, why are we discussing a fine schedule?

President Fernandes said the rules should be for every body not just for 95% that comply.

Katie Miller, Division 2, said this is an extreme fine schedule. She thought it would tie up the board and the Planning Committee a whole lot more to enact the fine schedule. If she says there is a tree too high in front of her then the neighbor will say your tree is too high and you should have a fine. When the property values went up that is when everyone wanted others to comply. She thought there was an infrastructure that is being slightly ignored here. There is a sink hole out there that hasn't been fixed and we are still talking about how we are going to fine property. We need to fix what is broken now rather than enforce fines on everybody else. Don Butler spoke regarding the hole in the road, the sinkhole. The contract to repair has been let, the company who is to do the work has not responded with a scheduled date yet. They are extremely busy this time of year. It is in progress, it is not being ignored.

Janet Wagenschutz, Division 1, lives on Carter Court. She was puzzled by a house that sits with severe structural damage on the hill. Your response was there is nothing we can do about it and she didn't understand it. Are you saying without a fine schedule you can't do anything? At the very least you could get county or state to condemn the property. So could you address why nothing can be done about that? President Fernandes said he is familiar with that, he was on the Planning Committee when that became up. The contractor who built didn't build it where it is supposed to be. The owner took issue with it and the contractor bought the owner out. The contractor submitted a new set of plans to the committee but they were the same as the original plans. It blocked the view of the neighbors. It was granted so that everyone had an equal view. Now we could take them to court but we don't have the funds to do that. If we did, we would probably win and get our costs back, but a lot of our lawsuits have been settled out of court and cost us money out of pocket. Janet Wagenschutz said if we are going to be a community that has C&Rs and we want to enforce them, we have to respond when contractors come in here and do what they want, because otherwise they won't pay attention. Isn't there recourse through the county or state for a dangerous situation? President Fernandes said technically yes, in practice no. We had issues with septic system where a person put a building over it which is against county code. The county guy asked if there was garbage running down the street. If not, we don't have the people to address it.

Paulette Sloan, Division 2, said the house we are talking about is a tremendous fire hazard. This has really been a concern since the fire on Oceania Dr. Is there something we can do? Can we complain to the fire department as a citizen? Tell us something other than we can't do anything. It has taken $50,000-100,000 off of Daryl's property.

Cory Blake, Division 4, asked if they were implying that with the fine schedule you could take care of that house. President Fernandes said it would be simpler. Cory Blake said you are just avoiding court. You will end up in court anyway because they will take it to court. President Fernandes said if you put a lien on the home they can not sell the home without clearing the lien. After a while you can foreclose on it. The lawyers said it is much cheaper for them to oppose the lien and us to put one in than otherwise because it is tied to the guidelines. Cory Blake said it seemed like they did not want to go to court because it cost too much. If you really try to foreclose on someone they will go to court. This whole fine schedule, from what he heard, it hasn't been enforced across the board. It really probably would be shut down by the court system. President Fernandes replied that we have another choice, do nothing and dissolve the corporation. He didn't think  we would want to do that. Cory Blake said you would probably end up in court any way.

Keith Latham, Division 3, asked about the house across 101. Isn't it owned by Mr. Mullen? Has anyone talked to him? President Fernandes said yes many times.

Mary Lou Morris, Division 1, said she has been involved in Bayshore and enforcing the C&Rs for about 9 years, starting with Planning Committee and the Board. In answer to the question the fine schedule was first brought to the Board by a concerned property owner. The same type of situation as is going on in Division 2 was happening in Division 7. Plans for a house was approved, the guy came in and built what he wanted, didn't pay any attention to the plans. At that time the only recourse we had was a lawsuit. Somebody from the audience said there has got to be a better way to handle it. Why don't you look at a fine schedule? That was in 2002. A lot of research and a lot input from the community went in to whether we were going to enforce the C&Rs, whether we would continue with lawsuits or whether we were going to go for a fine schedule. I am answering your question, sir, if there was a fine schedule in place you would not have that building there now. If that fellow got smacked with a lien against the property he would do something about it. Cory Blake said his only point was you will end up in court either way.

Cheryl Schroeder, Division 4, said she is not opposed to a fine schedule per se but she was opposed to this. She did think we should have a fine schedule for the most outrageous or egregious violations. The house that has been discussed is an example of that. The houses with numerous vehicles, garbage houses, RVs for weeks at a time none of that is taken care of. We should look to other communities like us to see what they have. Save the fines for the big stuff.

Sam Walker, Division 3, said he has owned property since 1982. He thought someone would have brought this up. As he understood this fine plan that you are trying to get instigated, I see in this plan violations amendment of 4, 5,6,7 of our constitution!

President Fernandes called a 15 minute break at 2:15 PM

President Fernandes re-convened the meeting at 2:30 PM. Jim Harlan announced the count was complete. "After we did that, my former dear friend Sandie Eckerson whom I said kind and virtuous things about earlier and now retract, walked up and told me we had just got ballots in the mail. Will it make a difference? In the opinion of the corporate secretary it will not. So my intention is we will not count these votes unless by a show of hands you want me to and I can count in a half a minute or so. Do you want me to count these also?" Members said yes to count them.

Total votes:

Yes votes                  134

No votes                    284

There were a number of proxies and because of the skewed vote total he did not exercise those proxies. There a number of ballots that we could not otherwise identify but he certified that they were not enough to alter the outcome one way or the other.

Bill Stephenson wanted to comment before everyone left. He wanted to thank Mr. Harlan for his service of term as he is leaving us in September. He has done a wonderful job providing and carrying on for the board and the community. Thank you, Jim.

Jane Hamblet, Division 4, said she was not for the fines but realize the difficulty getting that 5% to follow the C&Rs. Everybody should be aware of the C&Rs when they buy their property and should follow them. If they did we would not have the trouble of fines and so forth. The fines really should be for the contractors for they really are the worst. Her main point was if we want to have fines it does say in the C&Rs that the board can do anything they want to enforce the C&Rs. There is also a spot where if a person doesn't follow them and have sent several letters, the board is able to go in, clean up that property and send that person a bill. If that is what they want they can do it that way. If they want fines, go through the C&Rs, see what it would cost the association to deal with the problem, bill the person, and if they don't pay it, it goes to a lien. That should be for each item on the C&Rs.

President Fernandes asked the board if they wanted to study on this, change it and bring it back, what they wanted to do. A member called point of order: he asked if the board would make their decision in the form of a motion instead of a head nod sort of thing. Jack Whipple, Division 4, called from the audience that it was a members meeting not a board meeting. He said the board doesn't handle any business during this meeting. He moved this meeting be adjourned. Gary Cummins asked if he is a member of this association. Jack Whipple replied, with inappropriate language, that he was a member. President Fernandes called order, said they had been down this road before and Jack knew what was required and that it was a private thing.

Rose Cummins, Division 1, commented for a member who didn't wish to speak. He felt that the ballots were kind of confusing, you were voting for all or nothing, that particular fine schedule or no fine schedule. It would have been better to have another box to check. He was for a fine schedule but not this one. If that had been clear the votes might have been different.

President Fernandes said he would be the first to admit that maybe as a group they went too fast, too quick, and shouldn't have. Here we are now. He asked if there was a motion to table this matter. We need something to tell the members.

MSP

Larry Dahlke made a motion that the fine system that was put out to the members be permanently put to rest. Neil Hare seconded. Don Butler asked Larry if he was suggesting that no fine system be presented to the population ever again. Larry said that was not what he was meaning to imply or to infer. His recommendation was to this particular fine schedule and the procedures that were sent to the membership be permanently tabled and put to rest. This board still has a fiduciary responsibility as well as a responsibility to our members to protect the C&Rs and the landowners and their investments. The fine schedule is something that needs to be continually looked at and thought about a lot more seriously than what it was given during this initial round with the membership at this meeting. His motion stood and he wanted to permanently table this particular fine schedule that was sent to the members. President Fernandes reiterated that Neil had seconded it and called for the question.

Jim Harlan abstained, the other 7 directors voted yes. The motion carried.

MS

Larry Dahlke made a motion that the board go into a planning session to set and review a fine schedule that would be more palatable to our entire membership for consideration and to continue to involve them in the process. Kevin MacPhee seconded. Nelsen Witt asked if that was for today. Larry said no. Don Butler asked Larry if there was any kind of time frame to begin. Larry asked what was reasonable, 60 days. Don said he would like to see volunteers from the membership be a part of that. He also suggested that it not be a board meeting or a membership meeting but a information gathering seminar, meeting, work session. 

Amended MSP

Larry Dahlke amended his motion to assemble a work session to be compiled of not necessarily board members but definitely members at large. Maren Taylor seconded. Bill Stephenson commented he is against the motion. He said we have been fighting this battle for 4-5 years it is beginning to look like the battle in Viet Nam or Iraq. Looks like its going to be there forever and getting no where. There are a lot of things to get done in the corporation besides fight for a cotton-picking fine schedule. The question was called for.

Gary Cummins said he would like to see Bill come up with something constructive to enforce the covenants. It is easy to be against something. If he had a idea or two, if he would be on the committee, there has been enough discussion today not only against this particular fine schedule but for something. Whether it be a fine schedule or a modification of what was turned down today. Unless your ears were closed there was a lot of folks who recognized that the covenants be enforced. Whatever way that is the most palatable way or most effective way, we need to have something some sort of organization put together to do that.

Mary Lou Morris, Division 1, suggested to the board to put a committee together to come up with an alternative. You have got probably more people in the audience right now than you will see at the next 6 regular board meetings. Maybe you can get volunteers to step forward either now or after the meeting and try to get this done. Rose Cummins, Division 1, asked when the next Breeze comes out. President Fernandes said we won't know until we know about the sink hole because we put our budget on hold until we know the cost. He guessed October, but that was a guess. He said a motion had been made and seconded.

Yes vote:                    Larry Dahlke

                                    Neil Hare

                                    Maren Taylor

                                    Nelsen Witt

                                    Kevin MacPhee

                                    Don Butler

No vote:                     Bill Stephenson

Abstain:                     Jim Harlan

Motion carried with 6 yeses, 1 no and 1 abstain.

President Fernandes then asked for volunteers for this committee. He asked for people with opposing viewpoints if possible.

Jamie Moffett                        Division 4

Anne Weeks                        Division 1

Janet Golway                       Division 5 and 7

Marianne Kirkpatrick            Division 3

Janet Sanders                    Division 1

Bob Castleton                  Division 2

Connie Abercrombie            Division 4   

A member said normally the president picks one of the directors to head the committee and report back to the board. It is food for thought. President Fernandes appointed Don Butler of Division 6. He asked for a motion from the floor to adjourn the meeting.

Mary Ann Brown made a motion to adjourn. Seconded by all members and a round of ayes ended the meeting at 3 PM.

Sandie Eckerson-Secretary-Treasurer

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