2005, October 22
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2005, October 22
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Red Bank Oaks Meeting Minutes
22 October 2005 1) Call to Order: 1:49pm Board Members Present: David Weston Mike Derrig Kim Rowe Board Members Absent: Miguel Tarazon Ed Mehrer Landowners Present: See Sign-In Roster. There were 27 parcels represented at the meeting. 2) Approval of Agenda (Add-Ins or Deletions) Motion to approve the agenda as amended with add-ins: LANDOWNER Seconded by: LANDOWNER Ayes: 22 Nays: 0 PASSED 3) Treasurer’s Report: See enclosed Treasurer’s report. We currently have in our electric fund checking account approximately $45,000 earning nothing. David discussed with the bank what our options were. Also, for some reason, our "regular" checking account and accompanying savings account are at a different bank. Items 4, 5, and 6 on this agenda Motion to approve the Treasurer’s Report: LANDOWNER Seconded by: LANDOWNER Ayes: 22 Nays: 0 PASSED 4) Discuss and Approve Closure of the Electric Fund Checking Account: See item 5 on this agenda. Motion to close the Electric Fund checking account: LANDOWNER Seconded by: Mandy Kleykamp Ayes: 22 Nays: 0 PASSED 5) Discuss and Approve Investment of Electric Funds in a CD with $5,000 Held in Flexible Money Market Account: The interest earned to go to our "general fund" to bolster our funds available for ongoing expenses. Motion to invest electric funds in a CD with $5,000 held in flexible money market account: Mandy Kleykamp Seconded by: Christine Davis Ayes: 22 Nays: 0 Abstained: 0 PASSED
Motion to use dividends earned from electric funds money market for road maintenance: Mandy Kleykamp Seconded by: LANDOWNER Ayes: 8 Nays: 13 Abstained: 1 FAILED
Motion to roll dividends earned from electric funds money market back into electric fund: LANDOWNER Seconded by: Christine Davis Ayes: 13 Nays: 5 Abstained: 4 PASSED
Motion to authorize David Weston, Treasurer, to find low-risk money market account for electric funds: LANDOWNER Seconded by: LANDOWNER Ayes: 21 Nays: 1 Abstained: 0 PASSED 6) Discuss and Approve Relocation of “Regular” Checking Account to Premier West Bank Motion to relocate the regular checking account to Premier West Bank: LANDOWNER Seconded by: LANDOWNER Ayes: 22 Nays: 0 Abstained: 0 PASSED 7) Road Maintenance Update Mike Derrig stated this past year we were able to get 48 tons of fractured rock laid and 93% of the roads lightly graded for $4,300. Mandy Kleykamp noted that landowners should be aware that 48 tons of fractured rock only covered about 100 yards of road. Mike Derrig recommended with only $2,000 available for road maintenance each year, and the cost of moving equipment to and from Red Bank Oaks being half that amount, we forego road maintenance this upcoming year to allow this years funds to roll over to the next year. This will provide a larger amount of funds to be available. Kim Rowe emphasized we need to ensure the main arteries are safe to pass. There are at least 4 “slick” spots which will need rock for safe passage. Mike Derrig cautioned that landowners need to exercise reasonable diligence when using the roads in the winter. They are not all passable. Kim Rowe agreed and stated that any landowners who have a concern about their road should put their concern in writing and send it to the Red Bank Oaks address. Members of the Board will investigate the submitted concerns. 8) Discuss and Approve Funds to Be Expended on Road Maintenance for the 2005-2006 term. Motion to roll over road maintenance funds to next year: LANDOWNER Seconded by: LANDOWNER Ayes: 18 Nays: 2 Abstained: 2 PASSED 9) Red Bank Oaks Website Motion to maintain the Red Bank Oaks website for 2005-2006: Mandy Kleykamp Seconded by: Elizabeth Callihan Ayes: 15 Nays: 4 Abstained: 3 PASSED 10) New Combination for Entry Gates: Motion to change combinations to entry gates to X – X – X – X: Mandy Kleykamp Seconded by: LANDOWNER Ayes: 14 Nays: 0 Abstained: 8 PASSED 11) Discuss CC&Rs, Article III, Management, as it Relates to Delinquencies on Association Loans Landowners discussed whether or not a delinquent association loan to a landowner is subject to the provisions in the CC&Rs, Article III, Management, paragraph 2 which denies the right to vote to any landowner who is delinquent in paying dues or any other assessment by the Association. GUEST (guest of LANDOWNER): A loan is not the same as a due or an assessment. A loan is like a mortgage payment. Mandy Kleykamp: I think it’s important for absentee landowners, who have not been privy to today’s discussion on this matter, know that many of the landowners here today support the motion. Motion to allow landowners with delinquent Association loans to vote: LANDOWNER Second: LANDOWNER Because this item deals with an interpretation of the CC&Rs, and any outcome will therefore establish precedence for enforcement of this clause, and because a quorum was not present at this meeting, a vote by post mail will be put forth to all the landowners. 12) Discuss and Approve Amendments to CC&Rs, Enforcement of CC&Rs, and Adoption of Rules: Kim Rowe stated we are chartered with protecting the privacy and primitive nature of Red BankOaks to preserve its desirability and value. However, we are experiencing an increase in activities which is altering the value of Red Bank Oaks. It is against code to have a full-time residence without a county-recognized septic system. It is against code to live full-time in a travel trailer without proper permit. You must establish a legal residence before you can live full-time on your property. GUEST (guest of LANDOWNER) stated he lives in a travel trailer in Orland and the county tried to red tag him. He threatened to sue them and they lifted the tag. GUEST stated the county can’t stop you from living in a travel trailer. Mandy Kleykamp stated that when she tried to get an equity loan on her house, the questions she was asked had nothing to do with what her neighbors’ properties looked like. Mandy stated the lenders were more concerned if she had a paved road and power. LANDOWNER stated he lives full-time in a pull-behind trailer on his property (except for in the dead heat of summer) and he doesn’t have a county-recognized septic system. LANDOWNER declared the cows droppings at the ranch contaminate the streams and creeks more than anything he could ever produce. He also stated that when he bought his land last year, the price per acre in the local area was averaging $1,000 per acre. He was well aware of all the trailers and junk in Red Bank Oaks and still paid more than the average price for his land. LANDOWNER stated they were one of the first landowners who purchased property in Red Bank Oaks. It was beautiful and pristine and they have since watched it deteriorate. LANDOWNER stated they have witnessed their neighbors doing horrible things to the land with no abidance to local laws. Kim Rowe stated it boils down to respect for your neighbors and the land. Kim asked why would landowners haul junk out to their properties and leave it in plain sight for all others to have to see. Why would landowners buy land in such a beautiful and pristine area just to turn it into an eye-sore with no pride of ownership? Kim stated Red Bank Oaks is no longer as beautiful a retreat as it once was. LANDOWNER stated he and his wife have hauled out large amounts of garbage which had been carried by wind, water, and the hogs from properties which have been left trashed and unattended. LANDOWNER asked landowners to please keep their items secured so it will at least stay on the landowners’ property. LANDOWNER stated she was missing some items from her property and asked LANDOWNER to just bring it back to her property if he sees it. Motion to leave everything the way it is with no change to the CC&Rs: LANDOWNER Seconded by: LANDOWNER Ayes: 14 Nays: 8 Abstained: 0 PASSED 13) Nominations for 2005-2006 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. Landowners are 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. 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 are open. Nominees: Christine Davis David Weston Mike Derrig Kim Rowe Mandy Kleykamp Motion to put nominees forth to the landowners for vote: LANDOWNER Seconded by: LANDOWNER Ayes: 18 Nays: 1 Abstained: 3 PASSED 14) Vote for 2005-2006 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] Gate Repair: The Entry Drive gate had been smashed in by a vehicle last night. Photos of the damage were taken and the sheriff was notified. LANDOWNER attended the meeting and stated his truck experienced a mechanical failure and hit the gate. LANDOWNER stated he would pay for the gate and asked if he could buy and install the gate himself rather than have the Association hire a contractor and bill him for the repairs. Motion to allow LANDOWNER to buy and install a new gate on Entry Drive: Seconded by: LANDOWNER Ayes: 22 Nays: 0 Abstained: 0 PASSED Discuss and Approve the April 23, 2005 Meeting Minutes: Miguel Tarazon, Secretary, was not able to get the April 23, 2005 meeting minutes typed. He gave his notes to Kim Rowe and she typed the meeting minutes. Miguel was not at today’s meeting to sign the minutes. All landowners at the meeting were given a copy of the typed minutes. Kim Rowe asked the landowners to identify any errors or omissions and then vote to approve or disapprove the minutes. Kim Rowe also asked the landowners to vote to allow Mike Derrig, Vice President, to sign the meeting minutes in Miguel’s absence. Motion to approve April 23, 2005 meeting minutes and allow Mike Derrig to sign for Secretary: LANDOWNER Seconded by: LANDOWNER Ayes: 22 Nays: 0 Abstained: 0 PASSED Discuss and Approve Increasing Rents for the Grazing Lease: LANDOWNER suggested perhaps we can increase the rent for the grazing lease to offset the increasing cost for road maintenance. LANDOWNER stated the cattleman is already having a hard time with issues being presented by resident landowners when his cows are on the land. She suggested we’re lucky he is still renting from us and feels we will lose him if we raise the rent. David Weston stated that because of the 2/3rds grazing clause, any amount raised in the grazing lease will have only a small impact on the actual revenue generated for roads. Motion not to increase the grazing rent: LANDOWNER Seconded by: LANDOWNER Ayes: 9 Nays: 6 Abstained: 7 PASSED
Discuss and Approve Installing a Secure Locking System on Gates Instead of Having an Emergency Pager:
Motion to leave the existing locks and maintain the emergency pager: LANDOWNER Seconded by: LANDOWNER Ayes: 18 Nays: 0 Abstained: 4 PASSED 16) Good of the Order: The majority of the landowners were departing. This line item was tabled and any landowners who wished to talk after the meeting were invited to do so. 17) Adjourn: 4:20pm
Respectfully Submitted,
Mike Derrig, Vice President for the Secretary kar
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Copyright © 2008
Red Bank Oaks Property Owners' Association
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