2003, October 25

 

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Red Bank Oaks

Meeting Minutes

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25 October 2003

1)  Call to Order:

Time: 2:00pm

Board Members present:

Kimberly A. Rowe, President

Ed Mehrer, Vice President

David Weston, Treasurer

Bea Garcia, Secretary

Landowners present:  (see attached sign-in roster)

2)  Approval of Agenda (Add-Ins or Deletions)

Motion to approve:  LANDOWNER

Second:  David Weston

Yes:  16

No:  0

Abstain:  5

3)  Treasurer’s Report: (see attached Treasurer’s report)

4)  Road Maintenance Update

Funds expended on association roads for 2003:  $5,345.46

Balis Bell Road: The county has backfilled the washout pits on the side of each creek crossing and will grade Balis Bell Road after the first rain.

5)  Review Proposals Developed for Relieving Funding Restrictions

There continues to be insufficient funds available to cover essential Red Bank Oaks expenses. The 2002-2003 Board of Directors has composed proposals for resolving the funding issues. Landowners at this October meeting will be asked to review the proposals and select which of the proposals they most prefer to have implemented. The proposals composed by the 2002-2003 Board of Directors thus far follow – please feel free to submit a proposal of your own to the Board of Directors for inclusion prior to the October meeting:

□ Eliminate the April barbecue. Expected savings:  $1,050

□ Eliminate the April and October barbecue, reducing the October event to a meeting only.  Expected savings:  $2,100

□ Charge a fee for landowners and guests who wish to partake of barbecue and drinks at the April and October get-togethers.  Expected savings:  $2,000

□ Perform non-emergent (routine or standard road maintenance) every other year versus annually.  Expected savings:  $4,900

□ Strike the 2/3rds clause from the CC&Rs and reapportion those funds.  Funds which are not applied toward expenses in any given year would be deposited in the power fund.  The existing power fund would remain untouched.  Expected savings:  Would free up $9,000 more each year.

□ Modify the 2/3rds clause to reduce the contribution to the power fund to ½ of cattle grazing revenue with stipulation that the clause is not to be reduced for a minimum of five (5) years.  Expected savings:  Would free up $2,250 more each year.

□ Apply a special assessment to support the cost of road maintenance and barbecues and set up volunteer system which would allow landowners to forego paying the assessment in exchange for volunteering their time and resources for road maintenance, barbecues, etc.  An example for volunteer opportunities for road maintenance: landowners could volunteer their time to cut back trees from the road, clear clogged culverts, fill washout pits with boulders, clear run-off trenches to prevent water from washing across the road, filling miscellaneous pits in the road with dirt from the berm, etc.  An example for barbecues:  landowners can bring potluck items, provide a barbecue and grilling expertise for donated meats, or support the supply of beverages, plates, napkins, etc.  The Board of Directors would assign a value to the various volunteer opportunities allowing volunteers to earn points toward the reduction or elimination of their individual assessments.

□ Implement an additional annual assessment to increase revenue.  All landowners would pay the assessment in addition to the funds generated from cattle grazing.  Assessments would be due and payable by the 10th of December each year.  Additional assessment not to exceed $40 per parcel per year.  Would generate an additional $2,700 per year minus collection costs.

□ Modify the 2/3rds clause to reduce the contribution to the power fund to ½ of cattle grazing revenue with stipulation that the clause is not to be reduced for a minimum of three (3) years.  Expected savings:  Would free up $2,250 more each year.

□ Replace the April barbecue with a potluck event.  Expected savings:  $1,050

6)  Select and Approve Proposals for Relieving Funding Restrictions to be put forth to the Landowners for a Vote

Any selected proposal which requires the amendment of the CC&Rs will require a majority vote of all Red Bank Oaks landowners for approval before it can be implemented.  If a quorum of landowners is not present or represented at this meeting, the top three proposals selected by those landowners in attendance will be put forth to all landowners for vote via post.  If a quorum of landowners is present or represented at this meeting, the top three proposals selected will be put forth for an immediate vote.

The landowners present voted on all the proposals.  The results are:

1.  Eliminate the April barbecue.  For: 16

2.  Eliminate April and October barbecues; have October meeting only, with no Barbecue.  For:  5

3.  Pay for the barbecue.  For:  0

4.  Perform non-emergency road work every other year, unless absolute emergency.  For:  17

5.  Strike 2/3 clause entirely; i.e. close door to the future, but keep what is in to earn money.  For:  5

6.  With a five year limit, modify the 2/3 clause and reduce to ½ of the grazing lease.  For:  5

7.  Levy a special assessment for the barbecues and the road, without touching the Power Fund or the ½ clause.  For:  0

8.  Modify 2/3 clause with a three year time limit; reduce to ½ of the lease money.  For:  9

9.  No barbecue; just potluck.  For:  5

The top three proposals were 4, 1, and a tie between 5 and 8.  Fifteen landowners voted to vote the tie.  Number 5 received 5 votes; number 8 received 14.  Thus, landowners will choose one from numbers 4, 1, and 8.

Landowners present voted to have the following proposals put forth to the landowners:

□ Eliminate the April barbecue. Expected savings:  $1,050

□ Perform non-emergent (routine or standard road maintenance) every other year versus annually.  Expected savings:  $4,900

□ Modify the 2/3rds clause to reduce the contribution to the power fund to ½ of cattle grazing revenue with stipulation that the clause is not to be reduced for a minimum of three (3) years.  Expected savings:  Would free up $2,250 more each year.

7)  Vote which Proposal to Implement to Relieve Funding Restrictions (If a Majority of Landowners are Present)

Because at least one of the proposals requires a majority vote of the landowners to implement, and because a quorum of landowners was not present at the meeting, the proposals will be put forth to the landowners for vote via post.

8)  Installation of New Fence to Replace Dilapidated Fencing Along West Border of Red Bank Oaks in the South Sector

In this past year, the cattlemen have been coordinating with perimeter ranches of Red Bank Oaks to replace old dilapidated fencing with new fence to control the ever increasing problem of straying cattle. One of the fence lines being looked at this year is the fence which borders the western edge of Red Bank Oaks in the south sector. This fence line is shared by Dixie Valley Ranch and Red Bank Oaks.

The cattlemen have coordinated with Dixie Valley Ranch to have wood harvested from the ranch and sold to generate revenue.  Dixie Valley Ranch will use the revenue from the sale of the wood to offset the cost of installing a new fence line.  Work is expected to begin in October/November.  The cattleman contacted Red Bank Oaks President, Kim Rowe, and asked if Red Bank Oaks would cost-share with Dixie Valley Ranch on the new fence line since the fence line is shared by both ranches and will benefit both ranches with regard to controlling the problem of straying cattle.  The cost of having the new fence line installed is $6,500 per mile and the west border stretches approximately 2 ¼ miles (total cost expected to be around $14,625).  Cost share would be around $7,325 expended by Red Bank Oaks.

The fence is being replaced irregardless, but it is hoped we could actively participate in some way to reflect good faith and appreciation for the Dixie Valley Ranch’s efforts to improve the ranching conditions of both ranches.

Are landowners interested in supporting any part of the new fencing effort?

 

Yes:  9

No:  11

Action to be taken:  The landowners will not participate in the new fencing effort.

9)  Discuss Starthistle Control and Abatement Opportunities (Mr. Derrig)

Fellow landowners, Mike Derrig and LANDOWNER, presented information and concern over Starthistle growing in and around Red Bank Oaks.  Landowners can contact Mr. Derrig and LANDOWNER directly if they’re interested in building a Starthistle coalition.  Contact information is included with this mailing.

10)  Discuss Feral Pig Control Opportunity

A couple landowners have expressed disdain with the population and presence of feral pigs on the properties.  These landowners have expressed a desire to reduce the presence of the pigs.  Recently, a fellow ranch-hand had approached the association president and offered to routinely rustle the pigs out of the ravines.  This action would make it uncomfortable for the pigs to keep residence within the association boundaries and encourage them to find alternative nesting grounds.  This action would affect all landowners in two ways:  1) the ranch-hand would be crossing all properties to access the ravines and 2) some landowners will no longer have the benefit of seeing feral pigs in Red Bank Oaks while others will be rid of the problems caused by their presence.  The ranch-hand must have permission from the landowners to access the individual properties in pursuit of the pigs before pursuing this opportunity further.

Are landowners in favor of letting the ranch-hand have access to their property to rustle the pigs out of the ravines?

 

Yes:  0

No:  21

Action to be taken:  The ranch-hand will not be given access to any landowner properties to rustle pigs.

11)  Red Bank Oaks Website

Red Bank Oaks has maintained a website [www.RedBankOaks.org] and board member e-mail addresses for the past year.  Landowners who attend the meeting will be asked to determine if the website will be maintained for 2003-2004.

Ed Mehrer asked that a cost limit be established prior to voting.  Mr. Mehrer asked that costs not exceed $30 per month.  Will the landowners maintain a website and e-mail addresses for the 2003-2004 term?

Motion to maintain the website for the 2003-2004 term:  David Weston

Second:  Bea Garcia

Yes:  15

No:  6

Action to be taken:  The landowners will maintain a website and e-mail addresses for the 2003-2004 term with cost not to exceed $30 per month.

12)  New Combination for Entry Gates: Gate combinations are changed each year.  New combination is X – X – X - X

13)  Nominations for 2003-2004 Board of Directors, Red Bank Oaks

ANY Red Bank Oaks Landowners who wish to offer their services and run for the Board can contact Red Bank Oaks at any time.  A listing of the landowners who indicate they wish to offer their services is provided in the meeting notices mailed out just prior to the October meeting.  This allows landowners to preview potential nominees prior to the meeting.  Landowners are then nominated for the Board at the meeting by their fellow landowners.  The slate of nominations may contain as many landowners as are nominated.  The slate of nominations is then put forth to the landowners for a vote.  Candidates receiving the highest number of votes up to the number of directors to be elected are elected.  Any vacancy among the Board of Directors may be filled by appointment by the Board of Directors.  Each Director shall be elected for the term of one year but shall continue to serve until his successor is selected.  ALL five (5) Board of Director positions open.

Nominees for the 2003-2004 term are as follows:

Miguel Tarazon

Mike Derrig

David Weston

LANDOWNER

Ed Mehrer

Kim Rowe

Motion to put the slate of nominees forth for vote:  LANDOWNER

Second:  LANDOWNER

Yes:  19

No:  0

Abstain:  2

14)  Vote for 2003-2004 Board of Directors, Red Bank Oaks

A quorum was not present at the meeting. Subsequently, elections will be conducted via post.

“Except as otherwise provided by law, checks, drafts, promissory notes, orders for payment of money, and other evidences of indebtedness of the corporation shall be signed by the Treasurer or President.”

15)  [Add-In Items]

16)  Adjourn – 4:05pm

Respectfully submitted

Beatrice M. Garcia, Secretary Red Bank Oaks Property Owners’ Association

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Last modified: 02/21/09