PROPOSED ANNUAL MEETING
MINUTES
July 21, 2007
CALL
TO ORDER
President
Al Isaac called the meeting to order at 10:14am. Board members present were
President Al Isaac, 1st Vice President Marvin Frayer, 2nd Vice
President Greg Hernden, Director Don Papesh, Director Sharon Bridges, Director
Bob Adair and Director Brian Kozlowski. Also present were Manager Gail White,
Treasurer Priscilla Moore and Secretary Todd Graham. President Al Isaac opened
the meeting with The Pledge of Allegiance. Director Brian Kozlowski followed
with prayer.
2nd Vice President Greg Hernden moved to approve the minutes from the 2006 Annual Meeting. Second by 1st Vice President Marvin Frayer. President Al Isaac states one correction needed; Greg Hernden’s home was built in 2000 not 200. All in favor approving the minutes with the correction stated, motion carried.
Jolene Compton with Weinlander Fitzhugh reported:
The
audit is in final stages of completion and will be issued within the next 60
days. Things have gone very smoothly. We are working under new statements of
auditing standards for associations. I have received a lot of help from your
staff providing the necessary information. At this point things look to be
acceptable with transactions being recorded appropriately.
TREASURER'S
REPORT
For
the fiscal year March 1, 2006 through February 28, 2007 Treasurer Priscilla
Moore reported income of $450,533.11 and expenses of $473,121.00. Cash on Hand
at February 28, 2007 was $61,411.16.
Mike
Turner lot 86 – Article 15 of the by-laws states that the Board shall call for
an annual financial audit to be completed no later than May.
Ken
Passage lot 163 – Why do we not have a completed audit? President Al Isaac asks
Manager Gail White when the audit was started, Manager Gail White states it was
started immediately following the close of the fiscal year and the audit firm
has not completed it yet. President Al Isaac states that last year’s audit was
not complete until September. The Board will make sure in the future that the
audit form understand when it must be completed.
Marty
Perkins lot 1095 – States that last year’s audit was completed before September
it just didn’t receive Board approval until then. President Al Isaac states
that the most important thing is to have an audit we can rely on when it is
complete.
Mike
Turner lot 86 – Article 3 of our by-laws addresses suspension of privileges
because of any violation of the by-laws. This Board is in violation of our
by-laws. President Al Isaac states the Board did fail to set the required time
frame on the auditor.
Yvonne
Solis lot 94 – Al may not have been aware of the time stipulation in our
by-laws but other Board members were so someone should have made sure it was
addressed.
Ken
Passage lot 163 – The purpose of this meeting is to have members give input.
Many members cannot easily do it otherwise and all questions should
be answered today.
Judy
Gute lot 82 – Directors Adair and Kozlowski were on
the by-laws committee and they both missed that the audit was due by that date.
Director Brian Kozlowski states that there has been a lot of controversy about
the audit and there will continue to be. Even the definition of an audit has
been debated. Obviously some members feel this Board has failed you on this
issue and you are correct. Which is why as part of the by-laws changes a
recommendation has been made to require the audit to be published in advance of
the Annual Meeting for members to review. Forcing future Boards to publish in
advance in the future will help resolve this issue.
Walter
Sonnichsen lot 1377 – Why is Director Kozlowski responding to this question and
not President Al Isaac? President Al Isaac he has addressed this issue. Are
other Board members not allowed to respond?
Carolyn
Neal lot 1094 – If you are changing by-laws then you would have read them so
you should have seen that deadline. Your ignorance of the by-laws does not make
sense to me as a Board member somebody had to read that in order to make a
change.
Yvonne
Solis lot 94 – The date is not a change and we all understand what an audit is,
we are just asking you to be accountable to the by-laws as we are accountable
to the by-laws. I’m not here all the time so I have to rely on all of you and
as president you are part of all committees and should have known that.
Roberta
Peraino lot 1340 – Some of the recommended changes look good, but not all of
them. But we are required today to vote in favor of all or not in favor of all.
Terry
Obrecht lot 251 – The by-laws state that the fiscal year begins March 1st. Where do I find the documents supporting
what everyone is talking about? (She is directed to the table with copies).
Mary
Cox-Perkins lot 1095 – Last year some Board members called the audit firm used
liars so I asked if we were getting a financial audit this time and was told
that I could go to them and ask questions but then was told the audit form
would charge if individual members did.
Ken
Passage lot 163 – I can excuse the Board for some of what has happened with the
audit but what I can not excuse is the unfamiliarity of the by-laws. Ken moves
to remove the entire board for dereliction of duty and not exercising the
by-laws per Roberts Rules of Order section 61. Second by Marty Perkins.
Patricia
Graham lot 1302 – A vote of this magnitude must be made by eligible members
only and not just simply a show of hands in the crowd.
Richard
Kasprzak lot 761 – Asks if the vote can be done with a simple show of hands.
William
Dombrowski lot 1210 - He has been a member for 35 years and he has never seen a
motion have to be recorded. Past records show use of show of hands. You can
divide the house; you do not need a ballot.
President
Al Isaac reads additional information from section 61 of Roberts Rules of
Order, which explains how the process to remove a Board should be done, and
those requirements are not being met with this motion. President Al Isaac using
the guidelines in Roberts Rules of Order declares the motion improper and
therefore not legal.
Yvonne
Solis lot 94 – We need much better by-laws. They are not clear enough and need
a complete overhaul.
Anne
Hobart lot 454 – Calls a Point of Order – First, this Board and every Board has
needed a good Parliamentarian and we have not had that. 2nd we need
to move along because when this discussion started it was out of order.
Comments from the floor have started before the meeting agenda allows them.
What needs to happen now is the Board to apologize and then move on. The next
item on the agenda is the election of new people to the Board so the motion to
replace everybody might be taken car of. Anne suggests that the Chairman now
declare this has all been out of order and we move on to the elections. If
there are still people on the Board after the elections that you want to
replace then you can handle it later. President Al Isaac again declares the
motion improper and therefore not legal.
Director
Brian Kozlowski moves to accept the Treasurers report. Second by Director Don
Papesh. Motion carries with all but two members present in agreement.
NOMINATING
COMMITTEE REPORT AND ELECTION OF DIRECTORS:
President
Al Isaac calls for any nominations from the floor:
Terry
Obrecht lot 251 nominates Mary Cox-Perkins.
Kathy
Lutz lot 225 nominates Judy Gute.
Leonard
McNeil lot 770 nominates Linda McNeil.
Gary
Bagazinski lot 1333 nominates Ken Passage.
Sylvia
Wagner lot 360 nominates Mike Turner.
Mike
Turner declines the nomination. All other nominees from the floor accept.
President
Al Isaac introduces Jimmie Neal, Head Teller. Mr. Neal states he has a couple
questions for the Board. What constitutes an emergency meeting? President Al
Isaac states the meeting in question was for the purpose of going over the
teller procedures and to ratify additional members that were requested to be on
the committee. The Board needed to clarify what those additional members would
or would not be doing as part of the committee. At that meeting help Saturday
July 14, 2007 at 4:00pm at the Clubhouse the Board ratified Kathleen Kozlowski.
The Board also discussed the recommendation of Mr. Neal that Marty Perkins and
Sharon Sonnichsen be appointed to the committee and what roles they would
perform. The Board did not ratify these two members. The Board also discussed
the request by Mr. Neal to remove the ballot numbers from the ballots as they
are placed into the ballot box. The Board voted to not allow this out of fear
that illegal ballots may be able to be placed in the box and once the numbers
are removed there would be no way of recognizing this. Jimmie Neal states that
an emergency meeting can only be called to handle one issue and not a
multitude. President Al Isaac states again that the meeting was called to cover
the Teller Committee and all concerns addressed fell under that guideline.
Jimmie Neal explains to the members he made the recommendation to cut off the
ballot numbers to help insure a secret ballot. Mr. Neal explains that while it
may be highly improbable that someone would be able to track how you voted, it
is not entirely impossible and that information could be used against members
when applying for EPC permits, etc. if you don’t vote the way committee members
think you should have (at this point several members in the crowd express
feelings on how this would not happen, individuals did not identify themselves
and there are too many members speaking out of turn and all at once to make out
everything stated as recorded on the tapes of the meeting).
William
Dombrowski lot 1210 – states he was president of a UAW and held several
elections and they always had numbers on the ballot and you cut the numbers off
and counted the corners cut off afterward to make sure they matched the number
issued. You should not have the Board run an election as some of them are up
for re-election. We should have someone private come in and handle our
elections. President Al Isaac explains that the Teller Committee last year and
not the Board adopted the procedure being used. This Board simply adopted those
same procedures for use this year. The Teller Committee members and not the
Board of Directors created them.
Jimmie
Neal states that in Roberts Rules of Order as head teller I am ultimately
responsible for the secrecy and accuracy of this election. This Board messed up
by not getting the Teller Committee together soon enough to assist with mailing
out the absentee ballots. He cannot guarantee the secrecy of this election and
will run it to the best of his ability with the restraints given him by the
Board.
President
Al Isaac calls candidates to make opening statements:
Robert
Adair – He and his wife Barb have lived here for nine years and believes in
this community. He asks for support so he can continue to serve.
Sharon
Bridges – She and her husband Jerry have been members for just over a year and
very much enjoys this community. She is very sorry to see all the anger. She
was appointed by the Board to fill a vacancy in October 2006. Sharon states
that she has worked with cooperation, collaboration and compromise. She
believes all dealings work better using those principles. We need to work
together to better White Birch Lakes for all members using those values.
Marvin
Frayer – Every year it’s the same thing; rumors, campers vs. residents, etc. I
have lived here for seven years now, I’ve attended all the Board meetings and
I’m tired of hearing the same things over and over again. We are all members
not campers or home owners but just members. I’m here for the people and that’s
all I’ve got to say.
Patricia
Graham – Believes everybody has a right to different opinions but I do not
believe in defaming White Birch as a community. She has lived here for four
years and has been very active on many committees and volunteer work. She does
not see any difference between a member who camps vs. a member who owns a home.
She believe in taking care of our lakes, trails, etc. There are a lot of
wonderful things in this community and we can work together to continue to
improve.
Judy
Gute – no statement given.
Brian
Heiden – He owns lot 235 and has been here for on year. When he and his wife
bought their lot last year they witnessed the ugliness of last years meeting
and decided that he should run. The most ridiculous thing he has seen is the
issue of no port-a-jons at the lakes and not getting a straight answer from the
Board. Maybe we should all chip in five bucks today to pay for the port-a-jons?
This is a recreational association and that’s why he bought property here and
will work to keep it that way. He has also called on the shed issue many times.
He understands it was voted on and not passed but was told it was Lincoln
Township that doesn’t allow and it’s not it’s the Board. He just wants a
straight answer from the Board. He has sent several emails to the Board and the
President and never got any responses. He promises if you come to a meeting you
will speak and you won’t get yelled at. Members will be treated with respect.
Linda
McNeil: Her and her husband lie upon lot 770 on Laurel Lane. They bought the
lot back in 2003 and intended to camp here but got such a welcoming feeling
from the members they just decided to build here and have spent every weekend
here since. They love it here. She works for the City of Romulus downstate for
eight years. She has a level one appraisers license and her husband and one son
are firemen. She just can’t explain how she feels about White Birch; the
members are just great here. She feels the current Board is not going in the
right direction so if you want somebody that’s going to stand up for you vote
for her.
Ken
Passage – He has been on the Board before through turbulent times and left
because of the direction the Board was taking. However he looks back over these
past months as to promises made by the Board like financial responsibility – a
$34,000.00 gate? The Board has not been responsive to members; we cannot get
answers from the Board. We should have an independent person due our elections
but now they do not want to do that. Our by-laws even with the recommended
changes are not complete and are a shambles. Stand up and say something now –
vote for me.
Mary
Cox-Perkins – She has lived here for five years and has been very active in the
Association. She loves it here. After reading the by-laws changes and proposed
safety rules she decided this isn’t what she agreed to when she signed to
purchase her property (at this point Mary reads the opening statement of our
Articles of Incorporation which state the purpose of the Association). Somehow,
someway this Board and management have forgotten that this Association is about
recreation. Last year we spent over $213,00.00 on payroll yet $700.00 on
port-a-jons cannot be done? Since members only meet once a year we should have
more members meetings to address the Board. Some say she is a polarizing person
– Mary states that she is because she will speak up. She looks at living here
as being on vacation and never having to go home. If you don’t like the members
of the Board then replace them and keep replacing them until you do get a Board
you like.
President
Al Isaac moves meeting to questions for candidates from the floor:
Gary
Emerson lot 298 – To Ken Passage; You stated you were on the Board and quit
because it was one against six so why wasn’t that good enough back then to
fight? Ken Passage response; I have agonized over this a long time, and would
not be willing to serve again if it weren’t for the current Board shutting down
members expressing viewpoints. There were some members including myself that
requested equal time in the Birch Bark and Web Site to express concerns over the
by-laws changes but that was not allowed. Everybody here has a voice and needs
to be given the opportunity to express their views. When he did serve on the
Board he was liaison to the Communications Committee and since then the Birch
Bark has shrunk from a 12-page newsletter to only 6 pages.
Mike
Turner lot 86 – To Robert Adair and Marvin Frayer; A couple years ago Director
Adair was quoted as saying that he provided a lot to Director Frayer so he
would remain a member in good standing and be on the Board but according to the
equalization office in Clare County that was not so. Michigan law requires such
changes be recorded. Since this was not done does that make these two directors
members not in good standing? Director Frayer responds; I did in fact own property
the entire time I was on the Board. One of the properties owned was on a Land
Contract. Director Adair responds; When he purchased his lots he originally put
two in his name and one in his wife’s so she could have her own vote. It was
lot 61 that is in my wife’s name that was sold to Mr. Frayer and he in turn
sold it back to my wife after purchasing other property.
Yvonne
Solis lot 94 – Question to Marvin Frayer; It seems like you’ve been on the
Board the longest time. If you were elected again do you understand why there
is contention and will you work to correct it? Do you take a side? Marvin
Frayer responds; One more term is all he’s asking for. We need committees to
review by-laws continuously and they need to be changed to keep up with today. Yvonne
Solis states members are angry because we are confused and asks Frayer if he
can clear this up? Frayer states by working with committees and updating the
by-laws this would be taken care of. Sharon Bridges also responds: She agrees
with Yvonne and states we need to all be treated as adults with respect and
don’t question each other’s integrity. If she has disappointed some members
with some of her decisions she is sorry. But she did the best she could with
the knowledge she had. If you come to the Board with problems then come to us
with possible solutions. Yvonne Solis asks Robert Adair how he feels about the
by-laws as written. Mr. Adair states he was the Board Liaison to the By-Laws
Committee and feels the changes over all will be very good for the members.
Richard
Kasprzak lot 761 – Last year we had a vote on sheds, which lost. My question to
future Board members would be can we structure votes to be more democratic on
things like that so that only members that are eligible to vote and care to vote
count and not have to reference the entire membership whether in good standing
or not? Mary Cox-Perkins feels that the guideline in the by-laws could be taken
either way as to using the entire membership voting on an issue such as this or
just members in good standing, it can be interpreted either way. Patricia
Graham states she supports the use of sheds for campers and also supports
placing the port-a-jons back at our lakes. Linda McNeil feels that this issue
as well as the port-a-jons and four-wheelers be voted on only by the members
present at the meeting. If members don’t bother showing
up to vote at the Annual Meeting then they obviously don’t care so those here
should decide. She is in favor of the sheds, port-a-jons and four-wheelers.
Judy Gute states she owns two lots, 82 and 83 and this saddens her. This is not
what White Birch is supposed to be. We need total accountability. Don not put
my name on the ballot unless you want complete change. Ken Passage also agrees
with allowing sheds and states that notices going out to members regarding
voting on such issues need to be accurate so we must have accurate membership
lists.
Mark
Connelly lot 277 – Question to all candidates; Do you support or make a policy
for WBL that all property owners must register deed in our office? All
candidates agree.
Linda
Culpepper lot 1029 – To Ken Passage; You stated the Birch Bark went from a 12
page to a 6 page. When was the last time you attended a meeting or submitted
anything to be published? Mr. Passage responds; I served as liaison when I was
on the Board and edited the Birch Bark when it was put together by Terry
Obrecht. To Brian Heiden; How much money is in the hat? Brian states that
$150.00 has been collected to go towards the port-a-jons at this point. Linda
Culpepper moves to designate that money for the purpose of placing the
port-a-jons back on our lakes. Second by Gary Farnham lot 637. (This motion
will be taken up under new business).
Walter
Sonnichsen lot 1377 – Some of you know me as a non-conforming troublemaker and
for that I thank you. Question to Robert Adair; In light of Mr. Passage being
chastised for quitting the Board why did you quit? Adair responds; I resigned
at the time due to family issues including the cancer my wife’s daughter was fighting.
I was placed back on the Board this past year after Ken resigned and I
submitted a letter for that seat. So I became a Board member again only by
default because no one else applied for the vacancy.
Kevin
Dombrowski lot 1209 – To all candidates; Would you be in support of a
campers/weekenders committee? Also the proposed safety rules makes things a lot
more difficult and severely restrict the use of recreational vehicles. Also
asks for a response from candidates regarding the proposed by-laws changes.
Frayer: I voted against the safety rules at the last Board meeting. Graham;
Feels we do not need any additional rules. She served on the by-laws committee
and she is for them because the intent is to make them more compatible to the
members and less power to the Board. I’m sure there are some that members don’t
agree with which is why she would have supported voting on them by each section
and not as an entire document. Heiden; Against the by-laws changes and safety
rules. Adair; Committee is a great idea and I voted to table the safety rules.
McNeil; Are you willing to chair this committee? (Kevin states yes). Gute; Only
two people pretty much set these by-laws recommendations. Sal had some items
for his agenda and was bypassed all the time, which is why I was on the
committee and resigned because it wasn’t going as it should. Frayer; By-laws
should be reviewed every year to keep them updated. Bridges; Likes the idea of
the camper committee because she is one, but we need to be careful that forming
such a committee does not split the community more. Regarding the by-laws
everyone should have read them by now so today vote your mind. She also voted
to table the safety rules at the last Board meeting. Passage; Absolutely
against the safety rules and we need to find new ways to enforce the current
rules which includes the Board taking action against habitual offenders. The
committee is a great idea. Cox-Perkins; Totally disagrees with the safety rules
and the by-laws changes. Frayer; That’s why the people vote. All the Board did
was approve the recommended changes for publication to the membership so they
can vote and make the decision. Bridges: She agrees with the
by-laws changes and supported them going before the membership for a
vote.
Gary
Bagazinski lot 1333 – To all candidates; Which
candidates are homeowners that live here full time? Four candidates raise their
hands; Robert Adair, Marvin Frayer, Patricia Graham and Mary Cox-Perkins.
Joe
Trevathan lot 1176 – Has been a camper for 14 years and has gotten more
involved in the politics. Asks all candidates if elected what would you do to
stop the squabbling? Passage response; All meetings need to be made totally
public. When there no information it gets filled, sometimes with incorrect
information. The Board needs to be responsive to people. If you have nothing to
hide then all books, contracts and bids should be open. He feels that all
members should know what all employees are getting paid. Heiden response; There
will still be some squabbling at first but its all about compromise but that’s
not always allowed so changes need to be made. If he gets elected he will work
with everyone elected to do what is in the best interest of the entire
membership. Graham response; States that she would be open to everybody’s
opinions and would listen to all before deciding anything. She does not like
closed meetings and fees all should be open. Board members should never have
their own agenda. Bridges response; She proposes having the agenda for Board
meetings published ahead of time so members can respond sooner. Frayer
response; He believes everyone on the Board should have a column in the Birch
Bark to address issues. Adair response; Three words – respect, honesty and
forgiveness. Both sides throw honesty and respect around but forgiveness is not
and until that happens the bickering will not stop. McNeil response; She does
not feel the current Board is doing what is in the best interest so vote for
people that will do what you want and not what the Board or manager wants. Gute
response; She wants total accountability so whatever information you want you
get. Cox-Perkins response; Our articles of incorporation describe what the
Board is suppose to be doing and anything beyond that doesn’t apply. Any large
items like the gate should be but before the membership to vote on. Passage
response; It does take awhile to know what you are doing and when I was on the
Board we ended the workshops. The current Board still has them but in private
and he will not support that.
Jimmie
Neal lot 1094 – Question directed to the incumbents; Clarify the bylaws
existing and proposed. You approved them to go out before members for
accountability, do you agree with the wording of the proposed by-laws
particularly section 7. Frayer response; He did vote to put them before the
people and its up to them. Bridges response; We looked at the recommendations
of the committee and it does not mean we agree or disagree. Adair response; He
feels Mr. Neal is concerned that there is conflicting language and he doesn’t
know how he missed that when he read them several times. Members can vote them
down and we’ll review them again.
Michelle
Fitzgerald lot 1162 – Question directed to Sharon Bridges; She heard a lady
state that Sharon was a liar because she has not received a letter from Sharon
that she is owed. When she asked the individual what she had written to Sharon
about she did not get a response. Ads that this meeting has changed her mind
regarding purchasing more property in this community. Bridges response; She has
written one letter in response to a member and it was read into the minutes and
that was the only letter she has ever received.
Toni
Passage lot 163 – Question to all candidates; Are you going to call members
names when making comments from the floor, etc.? I believe Terry Obrecht
deserves a personal apology. No candidates respond.
Mary
Farnham lot 637 – Her father was the previous owner before it became what it is
today and worked hard on creating this environment. Please, landowners take a
stand. This current Board has not been honest and there should be no more of
the Board tabling items when a member asks to discuss it.
President
Al Isaac closes questions to the candidates, announces to the membership that
proper identification will need to be presented to the Treasurer and Secretary
before receiving a ballot. Members are instructed to line up to present ID and
receive their ballot(s). Members are asked to refrain
from statements or other Association business until all ballots have been
issued and turned in.
Ken
Passage lot number 163 - Moves to cover the legal case against Steve and Louise
Bryant and let members decide if they can vote. Second by Marty Perkins lot
1095. Steve Bryant states he had come to the White Birch office to pay the
payments ordered by the court and pay the current year assessments owed and his
payment was refused and not accepted by the management or Board members
present. President Al Isaac explains that at the time Mr. Bryant came into the
office he was not there but Directors Kozlowski and Frayer were present along
with Manager Gail White. They had asked Mr. Bryant to provide funds via a
certified check. I was called at work and after discussion it was determined
that four lots would not be considered pending developer status per the court
case. Steve Bryant states that the court agreed to the agreement reached
between him and the Executive Committee back in March but he did not receive
the judgment until June 22nd and he wasn’t going to tender funds on something
he did not have proper documentation for. He went in last Thursday to pay and
was instructed at that time and not before that the payment must be in the form
of a certified check. Director Kozlowski also told him that he disagreed with
the term “developer status” given in the court order. Steve explains that this
status was granted to him under the original by-laws governing White Birch when
he first purchased those lots and also by the first amended by-laws.
Marty
Perkins lot 1095 – Is it required of all members to pay assessments by
certified check? Director Kozlowski explains that Mr. Bryant was told he could
pay the current years assessments owed by check, cash or credit card just as
any other member can. But he was asked to pay via certified check for the court
settlement. Mr. Bryant states he was told on Thursday that all funds had to be
in a certified check. Mr. Bryant states he requested an emergency meeting of
this Board to have this issue resolved before the Annual Meeting and that did
not take place.
Carolyn
Neal lot 1094 – If Steve was following the court order, was right is it of
anyone to refuse payment? The court order gave him the privilege to vote.
Director Kozlowski explains that the court order did not give him the right to
vote but an opportunity to pay. Mr. Bryant explains that the court order
established what he needed to pay and if there was a disagreement to the terms
of that order it should have been handled before this Board signed it.
Ken
Passage lot 163 – Steve’s interpretation of the court order or the Boards
interpretation of the court order, it’s all the same. Only a judge can add to
this order so if the original order does not stipulate payment by certified
check then the Board cannot require it. The court order requires Mr. Bryant to
make two payments on the back assessments and pay up to the second quarter owed
on the current years assessments and he was offering to pay all monies owed
which is a lot more than what the court ordered. He does not understand why the
Board would not accept this payment.
Walter
Sonnichsen lot 1377 – How can you sit in judgment of somebody else when I
believe you were suppose to tear down a building after building somewhere else?
Director Kozlowski explains that he has never built anything on White Birch
property other than his first home. Mr. Sonnichsen asks about a pole barn.
Director Kozlowski explains he has never built such a structure in White Birch.
Mr. Sonnichsen apologies.
President
Al Isaac states that the Association attorney handling the Bryant case had made
the recommendation to the Manager to require the funds be in the form of a
certified check.
Mike
Turner lot 86 – Why would we as members not want our Board to take money? Isn’t
that what this boils down to or is it the 10 votes that the Bryant’s represent?
1st
Vice President Marvin Frayer – We’ve been dealing with this issue for the last
four years with lots of run around from Mr. Bryant. Do you have a problem with
a certified check? Mr. Bryant states he does not but only has a problem with it
being required at the last minute before the Annual Meeting.
Ken
Passage lot 163 – Amends his motion to include that in the event the membership
does agree then a check must be issued immediately to cover assessments owed.
Marty Perkins lot 1095 agrees with the amended motion.
Debby
Gerish lot 372 – States she feels this is abusive to the Bryant’s.
First
vote to approve the amendment requiring immediate payment if main motion is
passed, motion carried.
Second
vote to approve the motion allowing Steve and Louise Bryant the right to vote,
motion carried.
President
Al Isaac states that as part of the court order some deeds to certain
properties are to be turned over to the Association. Mr. Bryant turns over said
deeds and issues payment for assessments owed. Ballots are issued to Steve and
Louise Bryant.
Harry
Thompson lot 752 – Can we now continue the meeting? President Al Isaac states
the meeting will continue as soon as Steve and Louise Bryant have completed and
turned in their ballots.
President
Al Isaac reported:
It
is his sincere wish that everyone out there would live long enough to sit in
this chair for one year. He apologizes for raising his voice earlier, it was
not warranted. There is a lot of dissention, this side and that side as stated
by someone earlier and she asked the candidates how they would go about solving
this. People sometimes get a misconception of compromise thinking it means they
have to give something up. Compromise is when two people can listen to each
other’s opinions and then come to an agreement. There was a lot of mail sent
around to the membership and a lot of things came up this morning as far as
campers vs. homeowners. Being part of this Board for the last three years he
has never seen anything written to get rid of campers yet some continue to
spread this. Please, wherever this came from find me some documentation showing
the Board has done such a thing! It was never brought up in a Board meeting,
never discussed. We have two campers on this Board. It’s very distressing to
see all this out there when its not based on fact. Be careful what you read out
there, sometimes its like going to the doctor and a second opinion is needed.
MANAGER'S REPORT AND APPROVAL OF PAYABLES
No manager’s report given.
Marty Perkins lot 1095 moves to approve the list of payables. Second by Linda Culpepper lot 1030. Ken Passage lot 163 asks Manager Gail White if the Association is paying someone to ride around with the brine truck as they brine the roads. Manager Gail White states yes because if we don’t then all the roads do not get brined and members complain. All in favor of paying the list of payables, motion carried.
SECURITY REPORT
Bob Pelfery reported. Overall things have been pretty good. A few not stopping at stop signs, etc. but nothing major. Please watch the kids out there while having fun.
Activities Committee –
Report by Joe Romine. Summer fest was well attended with live music.
Halloween party complete with a haunted house went over very well. The Annual
Christmas party complete with Santa was also well attended. There was a potluck
for the Super Bowl, Easter Egg Hunt for the kids and both the Mother’s Day and
Father’s Day breakfasts were well attended.
Campground Committee – Report by Fred Witchell. This was a new committee this year. Nature trail around the campground has been updated. Electricity system has been updated. Playground equipment also being updated, new items added with more to come and the area has been fenced off for safety. Trash area has been fenced so members do not have to view it. Postcards are sent out yearly now regarding camper storage for renewal. If members are planning on using the facility in the winter months please let Fred know ahead of time so he can make sure the power is turned on for you.
Communications Committee – Report by Linda Culpepper. Jan Isaac has done a wonderful job keeping the Birch Bark up to date and mailed out in time each month. Todd Graham continues to do a great job with the Web Site. Get online, use it and check it out. That’s how you can be informed. If you have something you’d like all the members to be informed of send it in.
Garden
Club – no
report given.
Environmental
Protection Committee – Report by Chick Witchell. The committee has worked on reviewing and
updating policies and has presented them to the Board to be discussed. Also
updating lot improvement sheets. A new policy requires that a copy of the
building permit from the township is required. The “basement” on Wolf Lane has
been finally completed. There was an increase in tree removal for driveway
widening due to larger camper units. For July 2006 through July 2007 there were
2 new homes, 11 driveways, 5 additions to homes, 3 accessory building, 33 tree removal
permits, 7 contiguous lot status granted and nine “other” permits issued.
During the past five years there have been 30 new homes built, 36 contiguous
lot statuses granted, 72 driveway permits and 13 additions to homes.
Future
Planning / Conservation Committee – Report by Joe Romine. Committee didn’t get very far
this past year unfortunately. Committee has tried to focus on the lakes and we
are pushing to set benchmarks for each lake so we have official guidelines for
water levels.
Seedling
and Sapling Committees – no report given.
Hospitality – Report by Pat Graham. She has had the pleasure of
working with three wonderful people, Gina Frayer, Judy Richardson and Sharon
Bridges. The committee delivered 10 baskets to new residents and campers. Baskets
contain coffee mugs, bake goods, information from the Chamber of Commerce. The
committee also took two care baskets to members who were ill.
Marty
Perkins lot 1095 – Moves to bring the Safety rules tabled at the last Board meeting
back to the table for discussion so members can vote on them today. Second by
Toni Passage lot 163. President Al Isaac reminds members that motions will be
handled under new business.
Mike
Lutz lot 613 – He is a member of the Michigan Cycle Conservation Club and they
use the State guidelines for noise limits on recreational vehicles. His biggest
concern in White Birch is multiple riders on ATV’s. Also sees people not
wearing chinstraps correctly and this concerns him because he lost a friend due
to that. If you have an accident on Association property and not on your own
lot we are all responsible. We all need to set good examples. Member Mary
Farnham interjects her concerns about people not following the established
safety guidelines and wearing property safety equipment. She feels there should
be a document created for members to sign relieving the Association of any
responsibility if a member does not use proper safety gear and gets hurt on
Association property. She also shares information regarding homeowner’s
insurance policies not necessarily covering such accidents.
Marilyn
Rench lot 92 – Was there a new aerator or generator placed on Holiday Lake? For
the past year now it has been a lot louder. Manager Gail White explains that
nothing has been changed and she will look into this.
Mike
Turner lot 86 – Aerators are not run by generators, just compressors.
Gary
Radomski lot 56 – He witnessed the Teller Committee
challenge a vote on a write in candidate and when he asked the committee to
clarify he was told to come speak to the Board. President Al Isaac directs
Secretary Todd Graham to investigate. Todd Graham reported after speaking with
the Teller Committee that the challenge was because the name written in was not
one of the candidates nominated from the floor so just that line item was not
counted and the rest of the ballot remained good.
Director
Robert Adair – Expresses appreciation to Gail White and all the volunteers for
arranging this meeting and providing the food, etc.
Joe
Romine lot 542 – This Board here is our friends and neighbors, they don’t make
any money for doing this. In the last few years I’ve seen the Clubhouse get an
addition, new furnace, updated showers and bathrooms, the campground is
completely rewired, we have a new gate and say what you want about it but the
gate was originally passed by a vote of the people and promotes the security of
White Birch. The Board has work to collect several thousands of dollars in
unpaid assessments. We have a new gatehouse, new bus stop, Timber Lake beech
was completely redone and we don’t owe anybody any money so I think the past
Boards in the last five or six years have done a good job.
Judy
Gute lot 82 – Moves to have White Birch elections run by the Lincoln Township
clerk beginning with the next election for the next four years. Second by Gary
Farnham lot 637. President Al Isaac reminds members that motions need to be
handled under new business. Ms. Gute also moves that she be given a list of
members who requested absentee ballots. Second by Mark Connelly lot 277. Again
President Al Isaac reminds members that motions will be handled under new
business.
Ken
Passage lot 163 – Moves to have compensations for every employee of the
Association and any and all other financial information open to any member who
requests it and posted to the Web site. Second by Steve Bryant lot 1. President
Al Isaac states he has added this motion to the list under new business.
Steve
Bryant lot 1 – Addresses a safety issue. Corner of Maple and Wolf the stop sign
extends out into the road so far that in order to make the turn you have to go
too far out into the road. There are certain requirements pertaining to
distance from center of road, etc. that are in violation.
Brian
Heiden lot 235 – Moves that starting on Monday port-a-jons will be place and
turns over the $170.00 collected at the meeting for this purpose to the
Treasurer. Second by Linda McNeil lot 770. President Al Isaac ads motion to be
covered under new business.
Carolyn
Neal lot 1094 – Two weeks ago there was afire going in the brush pile at the
maintenance area. Security was called to handle it. Was a burn permit obtained
for that? Manager Gail White explains that there was a burn permit issued and
when head of maintenance Doug Lake left the area he believed the fire was out
and thinks someone came along and added material after he left.
Ken
Passage lot 163 – We were told we needed a new gate because lightening had
struck the old gate. Was a claim turned in to our insurance carrier and if so
how much were we paid? President Al Isaac explains a claim was put in and it
was paid in the neighborhood of $6,800.00. Which went towards the purchase of
the new gate.
Gary
Farnham lot 637 – Is it a failure of contract by the installer as to why there
is no battery backup? Manager Gail White explains that that portion was not
paid and the Board is looking into other options.
Steve
Bryant lot 1 – Am I understanding that when the power goes out the gate cannot
open? Manager Gail Whites states yes. Mr. Bryant asks why was the gate
installed without the backup? President Al Isaac states it will
be taken care of shortly.
Linda
Culpepper lot 1029 – Moves to have funds made available for the battery backup
of the gate immediately. Second by Mark Connelly lot 277. Manager Gail White
explains that the Board is looking into using a generator instead of a battery
backup so we can power the lights as well. President Al Isaac explains the
money for the backup is already budgeted. Linda Culpepper amends her motion to allow
spending up to $2,500.00 for this backup. Second by Mark Connelly lot 277.
Motion will be handled under new business.
Tom
Crook lot 517 – He appreciates the research into other alternatives for the
gate backup but we need to take some type of immediate action. The gate should
be left open until the backup issue is handled.
Toni
Passage lot 163 – This Board had an emergency meeting to install this gate to
avoid the frost but the gate wasn’t installed for months. What is the bottom
line total cost of this gate with all expenses included? We were told that the
card reader from the old system could be used but a new one was installed. What
is the additional cost to have security up at the gate once it was installed?
What is the additional cost to have it painted three times? Second Vice
President Greg Hernden states that this is a perfect example of misinformation;
the card reader is the same as the old gate system. Manager Gail White states
that $23,000.00 was spent on the gate after the reimbursement from the
insurance, additional security costs were $150.00 and the gate was only painted
once, not three times.
Walter
Sonnichsen lot 1377 – Did we buy a gate and a backup for a certain amount of
money? Director Bob Adair states the vendor was never paid for the backup part.
Manager Gail White explains that there is $2,500.00 budgeted for the battery
backup.
Steve
Bryant lot 1 – How much of the total was paid to this vendor? Manager Gail
White states the total bid for the gate and installation was $34,400.00 and
partial payments were made as installation went along.
Brian
Kozlowski lot 687 – He recommends as a member that we have an ad-hoc committee
to take over the gate, look at finances and look at what needs to be done to
complete the installation.
Terry
Obrecht lot 251 –
Steve
Bryant lot 1 – Was there no paint warranty with the gate? 1st Vice
President Marvin Frayer states the gate was only primes so it needed to be
painted.
Anne
Hobart lot 454 – We need to move on if we are going to have time to discuss all
these motions later. This is not the proper time to be making motions and
discussing them. It is too confusing.
Mark
Connelly lot 277 – Two years ago I asked why no emergency siren was in here for
severe weather. I was told a grant was in place and nothing has been done. 1st
Vice President Marvin Frayer explains that there is no money for the federal
funding. Manager Gail White states that she did meet with a representative from
Homeland Security and he said we were not eligible and was instructed to check
with the township. The township stated there were no funds available for this.
Linda
Wilson lot 1061 – Signs need to be posted directing members to the emergency
exit. Manager Gail White explains this is in process.
Helen
Thompson lot 752 – The emergency gate, how do you get in and out? Manager Gail
White explains that this gate is for emergencies only and all emergency
personnel and security have keys to access this gate and will open it when
needed and direct members to that area.
Mike
Turner lot 86 – Moves to direct the Board to do a vote to change the Covenants
and Restrictions to keep the forested nature of this Association by allowing
contiguous status to all lot owners and not just homeowners. Second by Terry
Obrecht lot 251. President Al Isaac ads this to new business.
Mark
Connelly lot 277 – If you are looking into a generator vs. a battery backup you
are getting into a lot of other expense like housing for the generator, gas, an
electrician to install, etc.
Ken
Passage lot 163 – He has submitted this question to the Manager; The financial
report submitted in May shoed two items in question – boat storage fees shows
no money collected while they are all full – where’s the revenue? Who’s
collecting these fees? Second item is advertising revenue does not match the
number of ads placed in the Birch Bark. Manager Gail White explains that four
ads were paid for last year for a year in advance and the boat storage revenue
is the same with several members paying last year for multiple years use. We
are currently performing an audit of the boat storage racks and will be issuing
updated invoices soon.
Steve
Bryant lot 1 – On the financial statement, sale of reclaimed properties shows a
total of $10,000.00. How many lots does that represent? Manager Gail White and
Treasurer Priscilla Moore state that is for three our four lots. Steve Bryant
asks shy was Reiss Real Estate given a contract when they are not selling that
many lots? Why are there lots not listed with Reiss that the Association owns? Manager
Gail White states the Association owns approximately 40 lots. Steve Bryant asks
the Board if they are acting responsively on this issue. Director Sharon
Bridges states she wants to have several Real Estate agencies work on this and
asks if Mr. Bryant would participate. Steve Bryant states he would. Director
Sharon Bridges asks Mr. Bryant if he is a member of the multi-list network, Mr.
Bryant states he is not and feels he does not need to be part of it in order to
effectively sell lots in White Birch Lakes. President Al Isaac states members
need to look at the whole picture. We have so many lots because of the action
taken by the Board against members who are not paying assessments and when
Reiss Real Estates’ contract comes up for renewal again this will be taken into
account. Steve Bryant states that when you look at the listings Reiss does have
there is no rhyme or reason to the value applied to these lots. Mr. Bryant
feels they are prices way below market value. President Al Isaac states a
balance must be struck, we could increase the price on those lots but we need
to look at taking money in quickly and not sitting on the lots too long and
paying taxes instead of making income on those lots.
Louise
Bryant lot 1 – Can I use signs pointing to properties I have for sale
(referring to arrow signs placed on street corners directing potential buyers
to properties listed)? Director Don Papesh asks EPC Chair Chick Witchell to
explain. Chick states there is an EPC policy that does not allow these signs
and letters are sent to agencies that placed them and they are taken down. Mrs.
Bryant asks if Statewide is going to receive one of these letters since they
have some arrow signs in White Birch. President Al Isaac states they will.
Brian
Kozlowski lot 687 – States he does not like real estate “arrow” signs as the
block our view of nature.
Steve
Bryant lot 1 – He agrees with Brian Kozlowski however when Reiss Real Estate
started putting them on everything they had listed he needed to put them out
there to be competitive. Mr. Bryant also states he does not understand why the
Board ever allowed Reiss Real Estate to state in their advertising that they
are the official listing agent for White Birch property. Manager Gail White
recommends having a meeting between Reiss Real Estate and the Bryant’s to
discuss this issue.
None.
Marty Perkins lot 1095 – Moves to bring the Safety rules tabled at the last Board meeting back to the table for discussion so members can vote on them today. Second by Toni Passage lot 163. Director Don Papesh comments that last month he brought up a motion to eliminate these rules. Motion carried. Terry Obrecht lot 251 moves to throw out the proposed safety rules there were tabled at the last Board meeting. Second by Marsha Woodcock lot 441. Pat Graham lot 1302 states these rules need thrown out as we already have enough rules. Motion carried.
Judy
Gute lot 82 – Moves to have White Birch elections run
by the
Judy
Gute lot 82 - Moves that she be given a list of members who requested absentee
ballots with this list being made available in the first five business days
following the Annual Meeting. Second by Mark Connelly lot 277. Patricia Graham lot 1302 states she feels it
is an invasion of privacy and why would she want such a list? Ms. Gute explains
that she is a township clerk and for state and federal elections she has to
give that to anyone who requests it so there is no reason she shouldn’t be able
to get it. William Dombrowski lot 1210 moves to amend the motion to allow any
member requesting the list to receive it. Second by Don Papesh lot 1001. Marsha
Woodcock lot 441 moves to amend the motion to allow publication of this list on
the Web Site and in the Birch Bark. Second by Steve Bryant lot 1. Jeff Bell lot
313 states that White Birch is not subject to the Freedom of Information Act;
this is a privacy issue for the members in this Association. Marty Perkins lot
1095 – Why can’t we just simplify this? It’s just a list of names. Anne Hobart
lot 454 – Is the second amendment motion to actually publish the list or just
announce that the list is available. The amendment is to place the actual list.
(Please note: At this point several members are expressing their displeasure
with the prospect of this list being published. There were too many members
speaking at once to be able to identify any individual members.) William
Dombrowski lot 1210 states that he has been involved with elections in the past
and is against it because someone will use it for a mailing list in future
elections. Brian Heiden lot 235 states he is against the second amendment and
feels the list should be requested not published.
Vote
to have absentee voter list published on Web Site and in the Birch Bark fails.
Director
Brian Kozlowski moves to allow members to have their name removed from the list
if they do not want it known that they voted by absentee ballot. Motion dies
for lack of support.
Vote
to allow list to be made available to any member in good standing requesting it
carried.
Ken
Passage lot 163 - Moves to publish all financial information including all
salary compensations, contracts awarded and tax statement of the Association,
free of Social Security numbers, be made available to any member in good
standing upon request. Second by Steve Bryant lot 1. Michael Reilly lot 1080
moves to amend the motion to state the information be supplies within 5
business days of being requested. Motion is amended by Ken Passage to state so.
Second by Steve Bryant. Motion carried.
Brian
Heiden lot 235 – Moves that starting on Monday port-a-jons will be place and
turns over the $170.00 collected at the meeting for this purpose to the
Treasurer. And for them to be placed in the same areas as last year using the
same contractor. Second by Linda McNeil lot 770. Bill Hammond lot 63 moves to
amend motion to have them placed the weekend before Memorial Day until the
weekend after Labor Day. Second by Mike Turner lot 86. Amendment is carried.
Motion is carried.
Linda
Culpepper lot 1029 – withdraws her earlier motion and replaces it with a motion
to authorize the Board to spend up to $2,500.00 to immediately install a backup
to the gate for safety purposes. Second by Mark Connelly lot 277. Motion
carried.
Steve
Bryant lot 1 – Moves to leave gate open until backup system is installed.
Second by Marilyn Rench lot 92. Motion carried.
Mike
Turner lot 86 – Moves to direct the Board to do a vote to change the Covenants
and Restrictions to keep the forested nature of this Association by allowing
contiguous status to all lot owners and not just homeowners. Second by Terry
Obrecht lot 251. Chick Witchell lot 648 – Do members realize this will increase
all our assessments? Judy Gute lot 82 – She has a tax roll and there are not
that many lots that would be effected. Steve Bryant lot 1 – States he was
against homeowners getting this status when it was passed and he is against
this motion. Director Brian Kozlowski states that the Covenants and
Restrictions actually state that a contiguous lot status should only be issued
when a home crosses the property line and not all do so there are some
residences that have been granted this as common practice for years. Anne
Hobart lot 454 - Reads the section of the Covenants and Restrictions regarding
this and explains this was placed in there to help control the development. Can
you imagine how over burdened our facilities would be if every lot had a home
or was used as a campsite? She bought in here because of the restrictions,
because they help uphold the property value. She states you do not want to
change these every time there is a new Board! It is very difficult to change
them and reads the part of the Covenants and Restrictions stating they are
applied until July 2013 and cannot be changed before then. Mike Turner repeals
his motion.
Mary
Cox-Perkins lot 1095 – Moves that anyone serving on the Board or a member of
their immediate family cannot hold a paid position with the Association during
their term or for a period of three years afterwards. Second by Linda McNeil
lot 770. Marsha Woodcock lot 441 asks if this is a problem now? Mary explains
it is not and she just feels it’s a good policy and other Associations have
similar policies. Motion carried.
Ken
Passage lot 163 – Moves to remove the Board per guidelines set forth in MCLA
Section 450.2511 of the Non-Profit Corporation Act. Second by Marty Perkins lot
1095. Walter Sonnichsen lot 1377 states that this Board today has already
admitted a dereliction of duty. President Al Isaac rules the motion improper on
the basis of a trial without representation, a trial without any defense, a
trial without everyone hearing all sides of the argument. Sharon Sonnichsen lot
1377 states she didn’t have representation when she was removed from the
Tellers committee so you don’t need representation either. Mike Reilly lot 1080
states that an issue of this importance which you chose council to review and
he was unable to find anything to defend you. Todd Graham lot 957 moves to
amend the motion to put the vote before the entire membership and not just the
small group of 70 or so now remaining at the meeting. Motion dies for lack of
support.
Mike
Turner lot 86 – Moves to have the unapproved minutes of this meeting be made
available to the membership within 30 days instead of a year like it normally
is. Steve Bryant lot 1 – Moves to allow members present to vote and have that
vote placed into the minutes and then allow the rest of the membership to vote
on the issue later. Both Mr. Turner’s and Mr. Bryant’s motions are seconded by
Gary Farnham lot 637. Steve Bryant withdraws his motion after learning that a
quorum was established at the beginning of the meeting. Motion to have minutes
ready within 30 days carried. Vote to remove the Board ruled invalid by
President Al Isaac. President Al Isaac explains that the statute given by Ken
Passage states that a “majority of members” must be present to vote and there
is not a majority of members present at this meeting. Michael Reilly lot 1080
moves to allow voting now but take no action at this time to allow the current
Board to seek legal council to verify the vote by the August 2007 Board
meeting. Second by Marsha Woodcock lot 441. A vote is not called on this
motion.
Marty
Perkins lot 1095 – We are acting like a lynch mob so next year are we going to
do the same when we find something that a Board member did wrong? I wish the
current Board members would just admit when they are wrong. The current Board
members drug the last Board through the mud.
William
Dombrowski lot 1210 – What good is any of this doing White Birch as a whole?
Walter
Sonnichsen lot 1377 – I can’t believe what is happening here. These people are
tired of one dollar lot sales, tired of Kozlowski running the Board and
meetings, I don’t believe that the current Board has any class. These people
want you gone.
Debby
Gerish lot 372 - How are we going to determine when
is the right time to vote? We are here now; we are ready to vote now. We had a
quorum earlier when the meeting started and if people chose to leave that was
their choice.
Marsha
Woodcock lot 441 – I’m sorry this hurts your feelings as a Board but you have
to honor the system and call the vote.
Steve
Bryant lot 1 – We have three members that are hand selected on the Board and
not voted in. They were appointed and that is part of the problem. He made a
motion back when he was on the Board and it was passed that anytime a seat was
filled with a vacancy it would be filled by the next highest vote getter at the
previous election.
Mary
Cox-Perkins lot 1095 – The statute quoted by Ken Passage does state that a
majority of the eligible voters must be present for this to take place and not
just voters present. We do not have a majority of eligible voters here now.
Ken
Passage lot 163 – Suggests that those interested in pursuing this issue sign a
petition to bring this to a vote at an emergency meeting of the Board.
President
Al Isaac calls the meeting into recess to await the election results from the
Teller Committee.
President
Al Isaac calls the meeting back to order. Head Teller Jimmie Neal reports the
election results to the President:
182
total ballots issued at the Annual Meeting, 182 ballots received.
14
spoiled ballots, 2 invalid provisional ballots for members who were attempting
to provide proof of paying their assessments and were not able to, 3
unreadable, 1 too many votes placed on ballot while at the poll and a new
ballot was issued, 4 too many votes places on ballot, 3 invalid candidates
placed on ballot and 1 intent not clear.
958
total votes cast for all candidates.
Individual
totals for candidates are:
Robert
Adair 93
Sharon
Bridges 127
Marvin
Frayer 109
Patricia
Graham 118
Brian
Heiden 176
Mary
Cox-Perkins 71
Judy
Gute 59
Linda
McNeil 107
Ken
Passage 98
Head
Teller Jimmie Neal calls for a round of applause for the Teller Committee
members Kathleen Kozlowski, Jerry White, Kevin Dombrowski and Patrick Nalepa.
President
Al Isaac announces the election results to the membership:
Brian
Heiden 176 votes, elected to a three-year term.
Sharon
Bridges 127 votes, elected to a three-year term.
Patricia
Graham 118 votes, elected to a one-year term.
Marvin
Frayer 109 votes, elected to a one-year term.
President
Al Isaac explains that the two highest vote getters received three-year terms
and the next two one-year terms in order to comply with our by-laws and to get
back on track with having 3, 3 and then 2 seats open in a rotating three-year
cycle.
By-laws
recommendations, 79 yes to 189 no. Recommendations defeated.
President
Al Isaac states that per our Election Procedures he is required to ask if there
is anyone who wishes a recount of the election. Linda McNeil asks for a
recount. Director Brian Kozlowski states there must be a reason given for the
recount. The reason Linda McNeil gives for the recount is the two provisional
ballots that were issued and then deemed invalid. She states that she knows
that member paid their assessments. Secretary Todd Graham explains that the
records do not show payment was ever received by that member and they were
given the opportunity to show proof of payment. After voting by the provisional
ballots issued they left to go find proof and returned saying they could not
find proof of paying their assessments. President Al Isaac questions the Teller
Committee on how they feel of the accuracy of their count and they unanimously
agree there are no errors in the count.
President Al Isaac announces to the membership that the Teller’s report
has been received and we have also received a request for a recount. The first
order of business is for this Board to confirm the Teller’s report we have. And
after that the Teller’s are getting together to find a common time when they
can get back together.
Motion
to accept the election report by Director Robert Adair. Second by Director
Brian Kozlowski. All in favor, motion carried.
Ken Passage lot 163 – Asks for an explanation s to what was meant by the Head Teller when he mentioned ballots were invalid due to write ins. Jimmie Neal explains that the number of invalid candidates were three, Judy Heiden, Judy Hope and Brian Kozlowski. Just those written in invalid candidates were made invalid, the rest of the votes on those ballots were counted. Jimmie Neal explains that the only time the entire ballot was spoiled was when more than four candidates were voted for or the hand written in candidates were not selected by placing an “x” next to the name on the ballot. Linda McNeil – so if they wrote down our four names but didn’t place any “x” by those names it didn’t count? Linda McNeil states that if the name is written down it should count as a vote. Head Teller Jimmie Neal states that next to each place to write in a candidate there is a box to check just like the other candidates. There were some ballots that wrote in all four and checked just one box or two boxes. Linda McNeil argues that this isn’t correct. If the name was written on the ballot then that is whom they intended to vote for. Head Teller Jimmie Neal states that this committee has spent a lot of time over there and we did everything possible to determine what a voter was trying to do. The watcher for Robert Adair asks Linda McNeil if she had a watcher stationed over there while the tellers were counting. She did not. He was there the entire time and saw how hard these people have worked. Head Teller Jimmie Neal states that the ballot stated, “vote for not more than four candidates” than includes the ones written in. You have to vote for them you cannot assume that they voted for them just because they were written down. Linda McNeil states that those were write in votes. Head Teller Jimmie Neal states they were not write in candidates but nominations from the floor.
Director
Brian Kozlowski moves to have the ballots from the 2006 election destroyed.
Second by 1st Vice President Marvin Frayer. Linda McNeil asks if there
is going to be a recount, no answer is given. Motion to destroy 2006 ballots
fails.
Motion
to adjourn by Director Brian Kozlowski. Second by 1st Vice President
Marvin Frayer. As President Al Isaac calls for the vote to adjourn Linda McNeil
asks if there is going to be a recount or what? President Al Isaac states that
she has asked for a recount and the Tellers Committee are going to get together
and determine a time they can get back together for the purpose of doing that.
Linda McNeil asks what’s going to be determined between the ballots that were
thrown out and the ones that . . . Director Brian Kozlowski states that is for
the Teller Committee to decide. Linda McNeil states again that by writing those
names down it shows their intent to vote. President Al Isaac states the Teller
Committee was given the charge to handle this election and validate ballots.
The committee has made their determination based on their reasoning and we have
no means of going back. If we want to change and put language on the ballot
next year then we should encourage the Election Committee to recommend
that.
Steve
Bryant lot 1 – Question to the Teller Committee, was there a vote among you
when a ballot was in question and how did the vote go down? Teller Patrick Nalepa
states that he is not happy with the implication of something unfair being done
by the committee. Over 900 votes were done this way (referring to checking the
boxes on the ballots) while only four were done the other way. I voted for that
woman (Linda McNeil) so how dare she imply something improper was done! Every time there was a question on a ballot
the vote was unanimous between all committee members as to how that ballot
should be handled.
President
Al Isaac reads into the record the vote to change the by-laws:
Vote
on the proposed by-laws changes – 79 yes, 189 no. The proposed amendments fail.
President
Al Isaac calls for a vote on the motion to adjourn. All in favor, motion
carried. Meeting ended at 10:10pm.
SPECIAL
NOTE FROM THE SECRETARY:
Due
to members speaking out of turn and several speaking at once there were moments
when it was impossible to clearly make out what was being said and by whom. I
have created these minutes to the best of my ability using my notes taken at
the meeting and by reviewing the six two-sided 90-minute tapes recorded during
the meeting. Both my notes and the tapes are on file at the White Birch office
if any member in good standing feels the need to review them.
Respectfully
Submitted,
Todd
J. Graham
Secretary