BOARD MEETING MINUTES
August 11, 2007
CALL TO ORDER
Brian Kozlowski called the meeting to order at 9:00am. Board members present
were President Brian Kozlowski, 1st Vice President Sharon Bridges, 2nd
Vice President Marvin Frayer, Director Brian Heiden, Director Patricia Graham,
Director Greg Hernden and Director Al Isaac. Also present were Manager Gail
White, Treasurer Priscilla Moore and Secretary
Director Brian Heiden adds:
- Topic of recount from Annual Meeting
- Emergency meeting help prior to Annual Meeting
- Flag at Campground
- List of absentee ballot requests
- Financial records made available
- Listing of lots owned by the Association
- Campground / Weekender Committee
Director Al Isaac moves to approve the minutes from the June 9, 2007 Board meeting. Second by Director Patricia Graham. All in favor, motion carried.
For the month of July 2007 Treasurer Priscilla Moore reported income of $20,798.51 and expenses of $37,615.23. Cash on Hand at July 31, 2007 was $209,460.87. Motion made by 2nd Vice President Marvin Frayer to approve the Treasurer’s report. Second by 1st Vice President Sharon Bridges. All in favor, motion carried.
President Brian Kozlowski reported:
On the agenda copies you will see an email address email@example.com. That’s “get DSL at WBLRA at gmail dot com. Mr. Bondy, a WBL member has worked with computer fraud with AT&T and feels with sufficient member interest by submitting requests through this email address we may be able to get DSL available to WBL. We have a large attendance here today, there will be many opinions spoken. You may not agree but you must respect the individual’s right to speak without any cat-calling or interruption. We are all adults and should conduct ourselves that way. When anyone has the floor please respect that.
MANAGER'S REPORT AND APPROVAL OF PAYABLES
Manager Gail White reported:
The final report from the auditor will be presented at
next months meeting. With the new regulations they monitor right up until they
issue the report. The auditor will be here to answer any questions. In the
proposed changes to the by-laws a deadline of May each year was suggested. Our
auditor states that is not feasible as any firm would not be able to complete
on in that time frame. Backup unit for the gate has been installed and is
working properly; cost was $3,100.00 with shipping, taxes, etc. At
Director Al Isaac moves to pay the list of payables. Second by 2nd Vice President Marvin Frayer. All in favor, motion carried.
Bank Resolution: Director Greg Hernden moves to adopt a resolution required by the Association bank authorizing the President, 1st Vice President and Treasurer to sign all checks and financial documents. Second by 2nd Vice President Marvin Frayer. All in favor, motion carried.
Interim Appointment of Committees: President Brian Kozlowski appoints all committees and members of committees to stand as they were prior to the 2007 elections until such time as new postings can be made. 1st Vice President Sharon Bridges moves to support these appointments. Second by Director Brian Heiden. Director Patricia Graham states that she was chair of the Hospitality Committee and now that she is a Board member she will not be able to serve as chair and feels Gina Frayer should be appointed. 1st Vice President Sharon Bridges moves to amend the motion to include the appointment Gina Frayer as chair of the Hospitality Committee. Second by Director Al Isaac. After discussion it is decided that Gina Frayer should not be appointed until she is asked if she wants to serve in that manner. Director Al Isaac withdraws his second. Motion to amend dies for lack of support. Member Carolynn Neal calls a “point of order” and states that postponing committees denies members who are not here year round to be involved. President Brian Kozlowski thanks her for her comment, but that is not actually a “point of order”. All in favor of original motion, motion carried. Sign up lists will be posted in the Clubhouse for all members interested in serving on any committee.
Weekender / Camper Committee: Director Brian Heiden moves to create this new committee. Second by Director Patricia Graham. 1st Vice President Sharon Bridges asks member Kevin Dombrowski if he would serve as interim chair of this committee to help form the committee and create the committees purpose. Kevin Dombrowski accepts and states information on the committee will be posted on the Web Site. Manager Gail White states concern over the committee just focusing on campers. Kevin states it will be his goal to create a committee to benefit all members of the community and will work on a name to suit. All in favor, motion carried.
Amend Covenants and Restrictions Article II Section B: Director Al Isaac moves to amend the Covenants and Restrictions to allow sheds on member lots that do not have a residence. Second by 1st Vice President Sharon Bridges. Member Mike Turner calls a “point of order” and states that the Covenants and Restrictions say they cannot be changed but for every 10 years so the current ones run until 2013. Director Al Isaac explains this motion is to put the change before the membership’s approval then legal council will be sought before adopting the change. After great discussion regarding guidelines in this motion (see attachment one) regarding the sheds having to be purchased through the Association, the size requirements, color requirements, etc. 2nd Vice President Marvin Frayer moves to table until the September Board meeting. Second by 1st Vice President Sharon Bridges. All in favor of tabling, motion carried. Member Sal Scozzari calls a “point of order” stating a majority of the members must vote to make any changes to the Covenants and Restrictions and reads a segment of Roberts Rules of Order. President Brian Kozlowski explains that the Covenants and Restrictions supersede the by-laws and Roberts Rules of Order so the “point of order” will not be taken.
Amend Covenants and Restrictions Article IV Section A: Director Al Isaac reads a motion (see attachment two) that would legally allow the placement of port-a-jons on common areas. 2nd by Director Brian Heiden. Director Al Isaac states he believes the intent of the Covenants and Restrictions originally was to not allow each trailer to have an outside toilet. He feels we are not in violation of the original intent and feels the language just needs updating to allow placement at common areas. Director Brian Heiden states his concern regarding our hands being tied to not allow them if this was not passed by the membership as it would need to be and feels that the Board should consider making an amendment that would require port-a-jons to be automatically placed during a set time period. Director Al Isaac states doing that may cause a problem in the future if there is a decision to place permanent facilities at any of the common areas. Director Brian Heiden moves to table until the September Board meeting. Second by Director Greg Hernden. Vote is 3 yes, 4 no. Motion is not tabled. After further discussion Directors Al Isaac and Greg Hernden withdraw their support to not table. Director Brian Heiden moves to table until September Board meeting. Second by Director Greg Hernden. All in favor, motion carried.
Propane Bids: Manager Gail White provides bids from
Petition for Special Meeting: President Brian Kozlowski asks if there is a spokesperson present to represent those who have submitted the petition. No response. Petition is read with all names that have signed the petition. President Brian Kozlowski states that 87 signatures have been accepted as valid which constitutes 10% or more of the membership as required by our By-laws. President Brian Kozlowski thanks Director Brian Heiden for turning in the original petition that morning. President Kozlowski acknowledges acceptance of the petition and states it will be referred to council. Director Brian Heiden asks if that is standard procedure and President Kozlowski explains there is no procedure as this has never happened before.
Election Recount: Director Brian Heiden moves to allow the recount that was requested by Linda McNeal at the Annual Meeting. Second by Director Al Isaac. Brian Heiden asks to recognize Jimmie Neal to speak from the floor, request denied by President Brian Kozlowski as it is out of order. President Brian Kozlowski reads a letter from the Association lawyer – David Dryer (see attachment five) – which states that in his opinion a recount is not justified since it was based on the two provisional ballots that were invalid because the members did not have their assessments paid. Director Brian Heiden states his concerns are because Al Isaac who was President at the time had made the statement that the Teller Committee would be getting back together to do a recount. President Kozlowski states that the election rules mandate the Board vote on a recount and a vote was not taken at the Annual Meeting. Director Patricia Graham states that at the Annual Meeting head teller Jimmie Neal and the entire committee were questioned regarding the results and they said unanimously there were no errors in the count. Director Brian Heiden states the election procedures state that if a recount is requested it will be conducted, we have a member who lost by only two votes and if they want a recount they have the right to one. President Kozlowski explains that the teller procedures actually state that a member can request a recount and state a purpose for that recount. In this case the purpose stated is not valid. Member Mary Cox-Perkins calls a “point of order” stating that the election rules used were not the ones adopted by the Board. Her point is ruled invalid. Director Brian Heiden again asks to allow Jimmie Neal to speak from the floor at this time and he is denied since it does not follow proper procedure. Director Brian Heiden asks to see a rule showing that allowing Mr. Neal to speak at this time would not be proper. President Kozlowski moves meeting into recess to look up the rule for Director Heiden. After recess Director Brian Heiden states his reason for the call of the recount is because Al Isaac who was President at the time had said there would be one at the Annual Meeting. But since the old Board did not vote on it he feels the new Board should and proceed from there. Vote on allowing a recount – roll call vote taken:
Brian Heiden – yes
Al Isaac – yes
Patricia Graham – yes
Greg Hernden – no
Marvin Frayer – no
Brian Kozlowski – no
Emergency Meeting Held Before the Annual Meeting: Director Brian Heiden states he was told that after such a meeting you bring back what was discussed at a regular Board meeting. President Kozlowski explains that is not accurate. When a phone poll or Executive Meeting is called you do report what took place at the next regular Board meeting, but not an Emergency Meeting.
Flag at Campground: Director Brian Heiden moves to have the flag at the campground removed and disposed of properly and replaced with a new one. President Brian Kozlowski states this does not require Board action and is simple Association maintenance and will be taken care of.
List of Absentee Ballot Requests: Director Brian Heiden moves that upon written request any member in good standing can receive a list of members who requested an absentee ballot for the 2007 election with said list being provided in five business days. Second by Director Greg Hernden. Director Brian Heiden states this was a request made at the Annual Meeting and this information is available in National and State elections so we should do the same. Director Patricia Graham asks what information would be provided and Secretary Todd Graham reminds the Board that the discussion at the Annual Meeting stated names and lot numbers. Director Al Isaac states he believes the motion was made as an additional checks and balance on the election process. Director Brian Heiden agrees and states there should be nothing hidden. Director Greg Hernden states this is an issue he has problems with due to member privacy being violated. Director Brian Heiden states that if taxes aren’t paid it is publicized so this would be the same. President Brian Kozlowski states that our election is not a public election and WBLRA is not bound by any State guidelines regarding elections but bound only by the Non-profit Corporation Act. Director Sharon Bridges states some members on the list may not want that information made public. Director Patricia Graham states her concerns over someone using this information in order to try to find out how a member voted. Motion fails with a vote of one yes, five no.
Financial Records made Public: Director Brian Heiden moves to have compensations for every employee of the Association and any and all other financial information open to any member who requests it. Second by Director Al Isaac. President Brian Kozlowski states that a monthly financial statement is printed for members to view and again refers to the letter from the Association lawyer which states this should not be done and only the wage range and job descriptions should be published. Director Brian Heiden states he does not know what the lawyer recommends as he has not seen the letter or ever met him in person. Director Al Isaac asks Director Brian Heiden if it would be prudent to specify which records he is referring to. Director Brian Heiden states he does not want to change the language of the motion. Motion fails with one yes vote and five no votes.
List Lots Owned by WBLRA: Director Brian Heiden moves that all lots owned by the Association be immediately listed with the contracted real estate agency. Director Brian Heiden asks Manager Gail White how many lots are owned, she states 42. President Brian Kozlowski explains that some of the lots he would like to save for future discussion as they may benefit the Association in other ways and some of the lots are parks and other common areas. Director Brian Heiden amends is motion to not include those used for parks and common areas. Manager Gail White states she recommends holding off on this because there is a meeting scheduled with Reiss Real Estate regarding the listings. Director Brian Heiden withdraws his motion.
President Brian Kozlowski announces an informational meeting for all Board members held at the Clubhouse on Saturday July 18th at 9:00am. Having the informational meetings on the Saturday after a regular Board meeting will allow members input and allow the agenda to be published sooner for the next Board meeting. Brian Heiden states these meetings are open for all members to attend.
Director Brian Heiden questions correspondence not being on the agenda. President Brian Kozlowski states that was so in the past but for this meeting he has used the only guidelines established for a meeting which are outlined in our By-laws and do not allow correspondence.
Director Greg Hernden asks
where we are regarding the new sign for our entrance to be provided by
Mary Cox-Perkins -
Marvin Richardson -
Yvonne Solis -
understand why we don't have clear sets of rules and where are they.
Steve Bryant -
Ken Passage -
Marilyn Lesparance -
Jim Neal -
Sal Scozzari -
Walter Sonnichsen -
Marty Perkins -
Linda McNeil -
Steve Bryant -
Mary Cox-Perkins –
Yvonne Solis -
account what we need and I assume that the reason you are addressing it is for our needs and I would just like to ask that in the future any language that's put into such a huge thing as changes our covenants which take a major vote, if we make a mistake, we can't do it again. And that's what Brian was speaking to. I might have turned it down just because of the 8x8 and then we're stuck with what we have and then your not going to be able to change it again.
Marty Perkins -
Kathleen Kozlowski -
Steve Bryant -
Carolyn Neal -
happens in this association, a lot of times. Things just get blown out because we want to change the covenants. There are other places to go instead of changing a document that we have to live with for 10 years. Why don't we stop and back off and look at other avenues and not change the covenants.
Gary Earnhart - Lot 629:
What are we going to do about four wheelers and motorcycles abusing the area at
Teresa Turner -
Linda McNeil -
2nd Vice President Marvin Frayer moves to adjourn. Second by Director Al Isaac. All in favor, motion carried. Meeting adjourned at 12:32pm.
Todd J. Graham