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Bayshore Beach Club, Inc.
Board of Directors Meeting
September 15, 2007 at 1:00 PM.

Un-approved

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
Don Butler, Director                                        Division 6

Absent:

Don Butler, Director                                        Division 6

Sandie Eckerson, Secretary-Treasurer

President Fernandes called the meeting to order at 1:00 PM. He read the resignation of Bill Stephenson: "It behooves me to leave you fellow board members at this time with so short a notice. I respectfully tender my resignation from the Board of Directors and Bayshore Beach Club as of Friday, September 14, 2007. My physician has allowed that I have significantly stressed my body to the limits and the health risks warrant that I heed his advice, play more and work less. So I leave you with heartfelt apology and good wishes. Sincerely, Bill Stephenson."

Lincoln County Sheriff's Office
President Fernandes turned the meeting over to Maren Taylor. Maren introduced Sheriff Dennis Dotson and Deputy Colin Teem from the Lincoln County Sheriffs Department. They were here to give a presentation. There has been a lot of concern about police involvement in Bayshore and they were here to answer questions. Sheriff Dotson and Deputy Keen shared a video that featured Lincoln County and the Sheriff's Department. It was an excellent video that showed much of the county and residents within the county. It showed how different parts of the county benefit from having a friendly and active Sheriff's Department. The staff for the Sheriff's Department talked about their jobs and how proud they are to work there. Many people throughout Lincoln County talked about how responsive and helpful the Sheriff's Department is. Waldport residents discussed how useful having 2 Sheriff's Office Deputies is to the community in so many ways. Sheriff Dotson stated how proud he was of the men and women of the Sheriffs Office, they are a fine team. He encouraged members to call and take a tour of the jail or ride along with a deputy. During the question and answer period it was asked about staff size. Sheriff Dotson said there are 102 employees in the Sheriff's Office, 26 on the enforcement side, 42 on jail side, animal shelter staff, and support staff such as civil records, cooks, secretaries, admin support etc. The question was asked if the 2 deputy positions in Waldport are rotational. Sheriff Dotson answered the deputies serve in those positions for 3 years then can either sign up for 3 more years or transfer to other positions in the county. Sheriff Dotson was asked if Bayshore had its own deputy. He replied no, Bayshore is covered by the South County Deputy or the Waldport Deputy, depending on who is closer. Sheriff Dotson was asked about the boundaries for Lincoln County. He said north of Lincoln City to Highway 18, out Highway 18, out Highway 34 to Benton County borders, Logsden, Nashville, Eddysville, Elk City, out to the east, Tidewater, Alsea to Benton County border and Lane County border. They also go into Lane County because Lane County Deputies aren't very close. They respond whenever there is an emergency. They do not get compensated for that, it is just the right thing to do. Another question was regarding the illegal fireworks in Bayshore. Sheriff Dotson replied it was a problem all over the county. Only 14 of the staff are funded by general fund dollars, which are our property tax dollars. The rest is state and federal dollars passed down. That allows 3 deputies to be working in addition to the contract deputies. To put it in perspective, the City of Newport has 16 uniformed officers who work the road for 8.4 square miles. Sheriffs Office has 14 deputies for 992 square miles. That is why the deputies are not always available. One member said in Bayshore we have about 1000 houses with a mixed group of permanent residents, part time residents, and short term renters. We also have at least 2 neighborhood bullies; these are people who the neighbors are being disturbed by. These people are the cause of loud noises, illegal fireworks, windows being shot out, suspected drug use. The neighbors complain but do not want their names used because of the possible repercussions. Sheriff Dotson said this is a description of areas all around the state. He deferred to Deputy Teem because the deputy deals with this every day. Deputy Teem said he does get these calls daily. Residents are hesitant to use their names because they do not want the retribution. He said he contacts the resident and tells them there are complaints throughout the neighborhood. There was recently a new noise ordinance put in place and it makes it much easier to enforce. If it is fireworks we explain what the laws are and often the fireworks are handed over to the officer. If the resident is not willing to help themselves by signing a complaint there is not much we can do by ourselves. The question was asked if a video tape of a transgression was sufficient to issue a citation. Deputy Teem said no it would not be enough for the deputy to issue a citation. If the person who took the video would sign the citation then it could certainly be issued to the offending person. It then goes through the same procedure as any citation. There was question on animal control in the county. Deputy Teem responded that the support staff pulled the Bayshore statistics, which took about a day and a half to do, that covered 1/1/2007 to 9/13/2007. Number 1 calls for service in Bayshore is animal complaints. There have been 20 animal complaints since January 1. That was by far the largest complaint in Bayshore. It was not specific as to the type of animal. Sheriff Dotson said it took a day and a half because although it is captured by computer, it was not tabulated by computer. The previous years were not spent investing in technology so they are now playing catch up on that. A member asked if when we hold a meeting and feel a contentious person might be attendance, is it possible to have a deputy there if we feel there might be a problem. Sheriff Dotson replied probably not unless there was a pretty strong threat of physical violence from this person. It should be the group if it is language and offensive behavior, the group should just say we have had it and tell the person to leave. There was discussion as to whether that person was under the influence of drugs or alcohol and the Sheriff said if you see them driving then definitely call for a deputy. Or call for a trooper. A member asked if the Sheriff could share about what is going on around the hotel especially in view of the recent event of a woman having her window shot out with a BB gun. Deputy Teem said the majority of his calls in the area are around the hotel. They are working with the hotel on OCC laws and alcohol detection so they are not over-serving patrons. The incident with the BB gun should definitely have resulted in a 911 call. A member asked about a neighborhood watch program. Sheriff Dotson said they would be happy to work with us on a neighborhood watch. He suggested contacting Alan Canfield of citizen patrol in Waldport. He thought maybe if citizens in Bayshore could volunteer a few hours maybe the citizen patrol could be expanded into Bayshore. There is training available as well as there is a website with good information. A member said we used to have a very active neighborhood watch here that was directly because of a particular deputy at the time. Sheriff Dotson said if you want to know about your sheriff's office go to our website: www.lincolncountysheriff.net. Call us, go through the jail, ride with a deputy! Everyone thanked Sheriff Dotson and Deputy Teem for their time.

President Fernandes thanked Sheriff Dotson and Deputy Teem for coming to the meeting and talking with us.

Approval of Minutes for July 21, August 11 and August 18
MSP
Larry Dahlke made a motion to accept the Minutes of July 21, August 11 and August 18. Jim Harlan seconded the motion. A show of hands carried the motion unanimously.

President Fernandes noted that Director Don Butler was absent due to being at a woodcarver convention.

Thank you!!
President Fernandes thanked Jacquelyn Anderson for a $50.00 donation, Kit Miller for a $100.00 donation, Marianne St. Marie for donation of a TV, Carol Ginter for donation of a TV and VCR and Bill and Jan Stephenson for donation of 2 file cabinets. We really appreciate all the donations!

Website Report
Maren Taylor reported that the web page is becoming more and more dynamic and useful every month. Bob Mowrer has added information about the canal and the feedback questions. She encouraged members to get their copies of the Breeze through email instead of snail mail to save the association money. Also to use the internet and our website to get information, share information about Bayshore. You can get internet access at any library, also at BayMart store. Email baybeach@peak.org to get on the mailing list for current information.

Tsunami Report
Larry Dahlke reported Mark Jung of the Seal Rock Fire Department is 100% ready with the siren. Barry Anderson of PUD is in charge of delivering the pole for the siren. He was unable to give us a date for that delivery, but hopefully by the end of this month.

Pool Committee Report
Jack Woods reported there isn't much wrong with the pool according the research of the committee. The skimmer is a source of leaks. It is possible to fix but it would be quite a job. Currently the skimmer is not being used because of the problem. The committee has looked into making a shallow water pool to be put on top of this pool, possibly 4 ½ feet deep. They did not have any bids back at this time. 34% of the pool surveys sent out have been returned. 52% of the responders said they were influenced in their decision to buy property in Bayshore due to the amenities. 44% are willing to pay more for an upgraded pool. 44% said they would use the pool if it were enclosed. There were very good comments from members about using the amenities of Bayshore. A number of responders said they would like to see the pool covered for year round use. Some were concerned about the summer time environment being lost if the pool was to be covered. The discussion turned to the skimmer not being used and how the impurities were being dealt with. Jack Woods said the state requires that we use the skimmer. It was noted that we passed all our inspections this summer and have all our current certifications on the pool. Leakage was also discussed. Jim Harlan said we have an invoice from 2005 from a leak detection source that indicated there were no leaks. Also an individual who builds swimming pools, who we are still waiting for his bid, indicated the water loss from the pool is insignificant. His understanding about the skimmer was there was a compensation arrangement done that was sufficient to get us through the state inspection. The bottom line is we have a pool that is in pretty good shape. Barbara Mullen pointed out that during the season we were only losing about a ½ inch of water every other day.

Planning Committee Report
Gary Cummins reported the Planning Committee was going to start keeping a record of complaints and the outcome. They are going to read each of those at each Board of Directors meeting to share with the board. This will make the complaints part of the Minutes so members can see who the violators are. The complaint for this meeting was W.T. Mullen for his lack of completing the house on the hill and also for the trash and debris left around the unfinished house. The county has been contacted and they are looking into the situation to see what can be done. We sent a letter to Mr. Mullen about 1 ½ weeks ago but have not received a response. We will be sending a follow up letter in about a week. Then we will be sending out a violation letter to him. In this particular instance he has violated the covenant of unkempt yard which does a have a provision in it for a lien against the house. Bayshore can go on the property, clean up the property and apply the costs of clean up to the property owner. If the bill goes unpaid a lien can be put against the property.

With the windy season coming up, Gary wanted to remind members that ground cover needs to be restored where it has been removed. He asked that members notify the Planning Committee if a property does not have the ground cover restored and the member did not wish to contact the owner directly.

The last issue was trees. There was discussion as to the interpretation by the Planning Committee of the covenant. Gary felt strongly that the association should not spend money on having an attorney interpret the words of the covenant when the Planning Committee was charged with doing that. He reminded the Board that trees were a part of the recall reason. It is a money issue with property owners so they can sell their homes for more. Ezra Morse, Division 4, encouraged the Board to not be intimidated by threat of recall. Jim Harlan's opinion was this is not a legal issue, it should be resolved in-house. He suggested the Board weigh in on this issue, pass that on to the Planning Committee and move on. Gary said he did not want to see the Planning Committee micro-managed. The Planning Committee has a responsibility, the Board has a responsibility and whatever way the board works it out they would work together on it.

Budget
The budget for the 2006-2007 fiscal year was available for members. Jim Harlan had questions on the budget. It was suggested that Jim Harlan and Sandie Eckerson work together to work through the questions.

Westward Street
Neil Hare reported the hole on Westward Street has been repaired. When the workers dug down 6 ½ feet to the pipe they found the pipe, which is 18 inches of corrugated aluminum, to be in good condition. The collar was also in good working order. The workers put 20 cubic yards of 1 minus gravel and will pave in a few days. There was discussion as to what may have caused the sinking but the repair people did not know. The discussion continued as to whether the Road District would be responsible for the cost since the pipe did not fail. Sandie Eckerson noted the next regularly scheduled Board meeting is in November so when the invoice for the road repair is settled could the budget freeze be removed.

MSP
Kevin MacPhee made a motion to release the freeze on the budget. Maren Taylor seconded. The motion carried unanimously.

Revisit January 20, 2007 Meeting
Neil Hare wanted to re-visit the issue of member Bill Revnell's 4 unbuildable lots, declared so by the county. Neil thought the board should reconsider the decision based on Mr. Revnell's disability. He felt the State of Oregon and the Seal Rock Fire District should pay dues or Mr. Revnell not pay dues on those properties. There was discussion as to this member not following the C&Rs with his lots, his need to clean up the lots. Neil emphasized that Mr. Revnell did not know this was being brought before the Board. Narda Tolentino, Division 3, felt there was may not be equity since the lots were similar. She felt the state and fire department should also pay dues. To avoid any questions of discrimination, Nelsen Witt was asked to contact the State of Oregon and Seal Rock Fire District as to why they do not pay. Jim Harlan read from a legal opinion from Minor, Bandonis and Haggerty in March, 2000, that addressed a combination of lots for assessment. It said you can only do so if you go through By-Laws and C&R amendments. The letter also stated it was probably a bad policy to adopt by simple Board say so.

Bayshore Women's Club
Barbara Mullen asked for donations for the Annual Arts and Crafts Fair scheduled for November 9 and 10. Donations are needed for Granny's Basement and all proceeds go to charities. Please call Barbara at 563-5052 for questions.

Update on Guidelines
Jim Harlan and Don Butler have gone over the motions that had previously been rescinded, revoked, between certain dates. Legal opinion had been sought and opined that approach was indeed valid. Jim and Don separated the motions during the time period in question into 2 groups. One group was minor motions having to do with everyday business. He wanted the directors to take this packet home, read it and during the next meeting be ready to vote on these en masse. The second group are substantive motions, primary in our area of policy and procedures and guidelines. Don and Jim are still going through those and they hope to bring those to the board at the next meeting for review, to discuss and vote on each.

Future Plans
Neil Hare asked the President to share what the future plans are for Bayshore. He wanted a chart put on the wall for all to see what the plans are. He thought the officers should put this together and present to the board. He also thought the board should meet every week like the Planning Committee does. There was discussion that the entire board should be involved. It was suggested there are professional people who can help set goals, do flow charts and mission statements. Narda Tolentino offered to look into free professional services. There were many suggestions as to what should be listed as goals for the association. Jim Harlan summarized, "where will we go during this administration? The kick off could be for the officers to get together, bring that to the board and the board discusses it and can carry it as a guide so we are not just reacting to things that happens." President Fernandes asked the directors to each put together of list of what they want to see happen, things covered, things not covered and a possible time line. He called for a working board meeting on October 6, 2007 at 1 PM. Jim Harlan announced he would not participate in such an event. Rosanna Creighton suggested that with all the board currently has going that should be the focus, not having a facilitator working on a five year plan.

Ezra Morse Appeal
Ezra Morse appealed the Planning Committee's decision regarding the cutting of a neighbor's trees to restore his view. The Planning Committee had told him the trees could only be cut to the ridgeline not the 6 foot level since the trees are "native" trees. His objection was to the interpretation of the term "original natural" that is used in the C&Rs. He also felt he was asked to provide proof of origin of trees that no other members are asked for. He appealed to the Board for a reversal of the Planning Committee decision. President Fernandes explained that the directors had 2 choices, to uphold the Planning Committee's decision or reverse the decision. He said if it was reversed either the Planning Committee or the Board would write a letter to the neighbor to allow Ezra Morse to cut the trees at his own expense as he had agreed to do.

MSP
Jim Harlan made a motion that we, with all due respect and limited in application to this particular instance, to vote to reverse the Planning Committee. He had viewed, personally, the situation there and listened to Ezra here today, plus he recalled previous discussions months ago regarding this issue and knew it to be a tough, tough call. Maren Taylor seconded. Neil Hare cautioned the board if they passed this resolution they should look at getting a new Planning Committee. President Fernandes asked if Neil Hare wanted to stop the vote to have more discussion. Neil Hare said he would like to stop the vote. President Fernandes said they could not stop the vote unless Neil had more to say then they would go on with the vote. Neil said to go on.

Yes vote:
Maren Taylor
Kevin MacPhee
Jim Harlan

Abstain:
Nelsen Witt
Larry Dahlke

No vote:
Neil Hare

President Fernandes said the vote is to reverse the Planning Committee's decision in Ezra Morse's case. It was decided the Board was to write a letter to the offending member with a copy to the Planning Committee.

Audience Comments
Gordon Joachim wanted to thank the board member or members who initiated the meeting on the canal. He was very happy to see a committee formed that will address the canal issues. The committee is made up of Neil (Hare), Don (Butler) and Sue Andrews. Sue Andrews is representative of those of us who live on the canal. The Minutes of that meeting said there was to be a report today, there was no report. There has been no meeting of the committee or progress. He asked Neil how many meetings the committee has had. Neil replied with "no meetings". He suggested to dissolve that committee; reconstitute it in a way as to have a chair and that chair be more responsive to owners on the canal. He referred to the website and a letter posted there addressed to Lloyd Haines. He thought that letter could be a framework for things that can and should be done. President Fernandes had a letter from a Jevra Brown a wetlands specialist. It will be put on the canal page of the website. President Fernandes said he thought the committee should stay as formed but they should meet, elect a chair and work together. Jim Harlan said there needs to be a leader, we are a community and we need to work together not go off in 14 different directions. There was much discussion as to what should be done, whether to spend money on a hydrologist or if it is wetlands. There will be a letter sent to OSU to request they study the canal. Sandie will update information in the office computer to include all homeowners on the canal to facilitate correspondence. The website will continue to be updated as information is available.

Executive session-nothing to report back to the members.

MSP
Jim Harlan made a motion to adjourn. It carried unanimously.

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