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CASCADEL WOODS
PROPERTY OWNERS ASSOCIATION
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ANNUAL MEETING
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SEPTEMBER 22, 2001 |
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The annual meeting was held on Saturday, September 22nd. Present were Greg Sheets, Gerald Scharton, and Joanna Fuchs. Directors Richard Johnson, Marie Iden and Roger Tucker were unable to attend. Call to Order Vice-president Sheets, in the absence of Mr. Johnson who was recovering from surgery, called the meeting to order at 10:00am. It was noted that there was no board quorum. Members who were present with proxies were given a card with the number of proxy votes written on it. Continuation of 9/8/01 Board Meeting Due to the lack of a quorum, the business remaining from the 9/8/01 board meeting was held over to the next regular board meeting. CSA #21 Business Financial Report - Joanna explained the expenditures and income sources for the CSA Budget report for the fiscal year ending 6/30/01. She also reviewed the 01/02 budget as revised by the county controller and discussed the assessment rate. Project Reports - Brian Curtis reported that the remainder of the irrigation system for the clubhouse lawns was completed, the canopy for protection of large equipment was built onto the side of the storage building and the trench was dug behind the community garden to divert water drainage. All projects were completed with budget. Pending is the project to construct the canopies over the entrances to the clubhouse to protect the decks and provide protection from snow that slides off the metal roof. Questions were raised about limits on board spending, whether a proposal to limit board spending was actually passed and if the board will defer projects until the limit question is settled. Greg explained that the projects discussed were all budgeted items previously approved by the Board of Supervisors. O.J. Hefner expressed his concern over the CSA, use of the building and the disposition of the old pickup truck. There was further discussion and comments concerning the truck and returning it to Cascadel. CWPOA Business Financial Report - Joanna presented the Profit & Loss Report, Budget Overview and Balance Sheet. She explained how reimbursement for the CSA works, described the expense categories and noted the donation of the sander and listed value. She added that the projected budget has a reasonable estimate of what is expected to complete the lawsuit. There were more questions concerning the lawsuit and expenses for it. It was noted that the CWPOA is now on the suit. Joanna added that at the time the budget was drawn up she had no knowledge of any counter suit and has not seen any bills for it. She does have a breakdown of the legal expenses. She also described the road items that were budgeted for, and stated that she will plan to put aside $3050 each year for future road repairs. Fire Committee - Gerald reported he had met with the Eastern Madera County Fire Safe Committee and discussed developing a plan for Cascadel and getting on a list of areas for various fire crews to assist with clearance. Some protective items have been purchased for initial attack on a fire. Jerry explained that we will not be a volunteer fire department, but there are things volunteers can due while waiting for the fire departments to arrive. Will consider purchasing more hose and connections to place in convenient locations, and some basic "field" training. Also there are crews available to assist with hazard reduction on the CSA areas. Correspondence
(2) Jim Sherwood Letter - Received a letter from Sherwood concerning the election procedures. He indicated under certain circumstances the historic custom will apply. He would not provide a legal opinion without thorough review of the bylaws. It was noted that this problem would be corrected with the re-writing of the bylaws. Minutes The minutes of the 2000 Annual Meeting were approved on a motion from Joy Heisig and seconded by Malcolm Masten. Discussion followed where it was explained that approval does not indicate agreement with actions taken, but that the minutes are an accurate record of what occurred. Motion carried. New Business A time limit of two minutes per speaker was set for speaking on items brought up for discussion. Jessie Van Amburg Letter - Jessie was asked to read her letter to the membership. She expressed dissatisfaction with the voting procedure and payment of the $25 dues for voting. Judy added that this will be addressed in the new bylaws. Clubhouse Floors - Arlyne Lichti asked the board to look into the feasibility of reparing or improving the clubhouse floors. Judy Linda made a motion to look at the cost of sanding or refinishing the floors. Motion seconded by Arlyne. Discussion on various ways to make improvements. Motion carried. Old Snowplow - There was discussion on the rumor that the old truck was given to Greg. He explained that the board members were concerned about the safety of the truck and any liability in selling it due to the condition of the front end. It could not be traded in when the new truck was purchased and to part it out would have cost the association. The board voted to give it to the non-profit Sierra Forest Foundation with a release of liability for use on their high country property and not on highways. Greg explained the mission of the Foundation, and that he was not a member of the board at that time. This brought up discussion on ways to notify the general membership of intent to dispose of equipment so as to allow input by them. Discussion followed on use of the newsletter for this, of maintaining accuracy in newsletter articles, and of the need to have better communication with the membership. Lawsuit & Poll - A survey was made by the board to obtain input from the membership on the desire to continue with the lawsuit. The count has not been taken yet. There was discussion about the validity of the poll and how to use it. Judy Linda moved that the poll that was taken regarding the lawsuit be counted, and used to weigh the decision to continue or stop the lawsuit. Lorraine Hoagland seconded. Motion carried with one opposed. There was a suggestion to do another poll of the members. Discussion then centered on the proposed settlement agreement. Greg explained that Jim Sherwood recommended sending any agreement to the membership to approve. A question was asked if an agreement would include paving the road and the reply was that it would not. Greg explained his position on the suit and his desire to see it settled. John Taylor spoke about keeping the gate open during the North Fork Fire. After further comments, Jean Richter suggested advising the board to agree to a settlement. She the made a motion to vote at the next board meeting to accept the agreement that the attorneys have agreed on. Judy seconded it. There was further discussion on the settlement agreement. Shevy Schindler urged people to be respectful, in general, of others property. Joanna added that she believes the suit can legally continue unless the original signers of the suit agree to settle and that the association could be responsible for the cost since the signers had indemnified themselves, although she felt they should reimburse expenses to the association. It was suggested to have attorney Jim Sherwood attend a meeting at Cascadel to explain the proposed settlement. Ava Thiesen spoke of her sadness that people cannot work together and of how past board meetings were not well attended. She added that since the formation of the CSA people have become more involved and the boards need to include the membership in decisions. There was further discussion on a settlement, responsibility for payment of costs, and of moving forward on the matter. Jean, noting that this is considered to be a directive to the board, reworded her motion to state that at the next board meeting we agree to the settlement John Taylor has offered and both attorneys have agreed upon, this has been written up already, and drop the pending lawsuit. Judy seconded. Motion carried with two votes opposed. Spending Limit - There was discussion on implementing a spending limit for the board as had been suggested in the past. Since there was disagreement as to whether such a limit was actually passed, it was suggested that a spending limit be imposed, at least in the interim while the bylaws are being redone. Questions were asked about dealing with emergencies, if this would apply to both the CWPOA and CSA budgets, and if it included regular budget items. Carol Eggink made the motion to direct the board to call for a vote for a $2000 per item of capital expenses cap on spending by the board without approval of the members of the association - on both budgets. Carmen Taylor seconded. Motion carried with two opposed. Combined Lots - Carol Eggink questioned why the CWPOA continues to assess for two lots even though the lots have been combined on the county books and why assessment is by "units". An explanation was given of the superior court ruling on assessing by units where one unit is charged for the value of the road system and another unit is charged for the usage rights. Past boards have chosen not to recognize the combining of lots because it reduced the assessment base. Joanna suggested that the board be asked to look into the matter. Carol moved to direct the board to investigate if it is legal to continue assessing for two lots once they are combined as one on the county records. O.J. Hefner seconded and the motion carried with no opposition. Counting Votes - The question was asked about how votes at the annual meeting are counted and concern expressed that some were opened ahead of time. It was explained that there is a list of eligible voters to check against, that in past some people sent in their proxies with their ballots and they were checked for proxies so that those who had them would know to be present at the meeting. Each year the board finds something in the procedure that ought to be changed. Public Comments Keith McClure spoke of how complex the operation of the association and water company has become. He added that he was concerned about statements made against employees of the companies and added that he supports them fully. Joy Heisig thanked the members for their kind words about the newsletter. She addressed the problems faced by the editor including verifying accuracy of articles and obtaining infromation. She suggested soliciting reporters for the newsletter, including an opinion page, and having a board member be responsible for approving the publication. Elections Greg spoke about how this has been a difficult year for the board, but that inspite of the problems, the board has done a good job. He commended Joanna for her efforts in maintaining the books, thanked Jerry for his work on the fire committee, expressed his appreciation to the other directors for their work on the board, and offered his prayers for Richard Johnson's recovery. Greg was thanked for his work and asked to continue being in charge of the community barbecues. There were no nominations from the floor and the meeting was recessed while the votes were counted. Meeting reconvened and the new directors were announced. They were Karen Balog, Judy Linda and John White. Greg was asked to announce the tabulation which was: Karen - 59, Judy - 49, John - 49, Shevy Schindler - 45, Ron Smith - 44, Rick Harrell - 35 and Pauline Galleano - 12. Adjournment There being no further business, it was moved and seconded to adjourn. Motion carried. Meeting adjourned at 2:37pm.
Cynthia Curtis |
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Assistant Secretary |
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