2006, October 21
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2006, October 21
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Red Bank Oaks Meeting Minutes
21 October 2006
1) Call to Order Time: 1:34 PM Presiding: Mike Derrig Board Members Present: Mike Derrig, David Weston, Christine Davis, Mandy Kleykamp Other members present: LANDOWNER, LANDOWNER, LANDOWNER, LANDOWNER, LANDOWNER, LANDOWNER, LANDOWNER, LANDOWNER, LANDOWNER, LANDOWNER, LANDOWNER, Pat Young Guests, Non-members present: spouses and other guests totaled 29 people present when the meeting convened. 2) Approval of Agenda (Add Ins or Deletions) There were amended agendas available at the meeting that included added items. The members voted to approve the amended agenda. Moved: LANDOWNER Second: LANDOWNER
3) Treasurers' Report: Review Banking Transactions approved at October 22, 2005 meeting Moved: Kleykamp Seconded: Davis David Weston referenced the Treasurer's report. He said the grazing lease was paid and current. He said that the Association is ready to transfer funds to a CD account. The treasurer's report was accepted unanimously. Pat Young offered XXXX as the gate combination. The motion was seconded from the floor and passed unanimously.
4) Reminder that each parcel is Private Property of that landowner Members discussed ongoing issues with ATV and motorized traffic leaving the roads and traveling across private property.
5) Road Maintenance Update Mike Derrig said that the Association's present income allows approximately $1700 per year for roads and that amount is insufficient for more than triage of particularly worn or hazardous spots. There was a discussion regarding ways to finance road repairs and maintenance, including questions about the Association's bidding process, past arrangements for roadwork, suggestions for income. LANDOWNER asked if the amount in the electric fund would cover roads. Mr. Derrig said that without a firm estimate for the necessary grading and surface materials, it is not known.
LANDOWNER moved to continue the present approach to road repair. LANDOWNER seconded the motion. The motion passed with all members voting aye. There were no votes against.
6) Discuss and Approve Funds to be Expended on Road Maintenance for the 2005-2006 term Christine Davis presented results of a survey sent to members last spring. Members were asked to respond to questions regarding their use or intended use of the property. The tabulated results indicate the following: Observing nature, 74%, Hiking, 1%; Vacation Property , 48%; Camping, 44%, Other, 39%, Gathering Friends, 35%, Primary Residence, 26%, Guest Use, 26%, ATV, 4-wheeling, 22%, Hunting , 17%, Swimming,17%. Under the category "Other", responses included: privacy, ranching, astronomy/observatory, sharing property with family, yoga and meditation, access to other property, investment, and bird watching.
Members expressed frustration and worry that increased use of off-road motor vehicles is impacting quality of life in the Association due to excessive speed, noise, and trespassing.
7) Discuss and Approve Road Usage Members discussed whether it is feasible to ban hiking or pedestrian activities on Association roads, asking if it was even allowable to ban such activities. Miguel Tarazon asserted that under California law pertaining to easements, easements are restricted to owner approval. A discussion took place that generally indicated that members object to motorized traffic doing any more than passing through neighboring properties. LANDOWNER moved to table the issue, Mr. Tarazon seconded. The motion passed with 19 voting yes and none voting no.
8) Discuss and Approve Amending CC&Rs to Eliminate Article III, Management, Paragraph 6- Electricity Fund Mr. Derrig said the item appeared on the agenda at the request of a former member, who since had sold his property. He reported that there were questions regarding documentation of the meeting at which Article III establishing the electrical fund. Ms. Young, the only current member who was a member during that time, defended the record, stating that there were few members present but they were acting as proxies for a number of other members. Christine Davis offered, and LANDOWNER seconded a motion to eliminate the Electric Fund as stated in the agenda item. A discussion regarding the need for a vote of the entire membership was necessary to amend the CC&Rs. Members stated that there have been two similar votes taken in the last five years, and neither of them had enough members respond to be a majority, even if they had all voted the same way. The motion was withdrawn. After more discussion, LANDOWNER moved and LANDOWNER seconded a motion to put a ballot before members to reduce or eliminate the electric fund to move money to roads, and ask the board of Directors to determine how much of a reduction in annual income the fund should have. The motion failed on a vote of 10 yes and 11 no. Mike Derrig moved to prepare a ballot for the general membership to reduce the percentage of grazing income allocated to the power fund from two thirds to fifty percent and re-allocate the funds to road maintenance. Mandy Kleykamp seconded the motion. The motion carried on a vote of 14 yes and 6 no. The Board is directed to place on a ballot for the entire membership of the Association the question of whether or not the grazing lease income presently dedicated to the electric fund should be reduced from 66.7% to 50%. 9) Discuss and Approve Method for Expending Electricity Fund (Pending Approval of Item 9) This item was skipped following the decision to place an item on a general ballot for the membership. See Item 9.
10) Discuss and Approve a Third Party Audit of Association Funds Mr. Derrig told members that at the April Board of Directors meeting the Board had decided not to request an independent third party audit at this time. LANDOWNER, had requested the item be placed on the agenda for the October meeting.
LANDOWNER moved to abandon the audit request. LANDOWNER seconded the motion. The motion passed on a vote of 14 yes and 1 no.
The Board will not look for an independent audit at this time.
11) Power Proposal Pat Young told members that an owner, represented by Paul Ono, wants to bring power to his property from Red Bank Road into the Bull Run area of the Association. She said she has been talking with a contact named Wanda at PG&E.
Members had several questions, particularly involving project easements, costs, and which properties would get power if the fund is expended. Pat Young stated that Mr. Ono intends to pay to bring the lines to his property, if they are overhead. Members in the area, including those whose property the new line would cross indicated they prefer underground installation.
A heated discussion of the merits of committing the entire fund to one limited project occurred, leading to a motion to table the item until Pat Young and Mr. Ono present detailed engineering analysis, maps, funding sources, and a long term maintenance and management plan. Mr. Tarazon seconded the motion. The motion passed on a vote of 14 yes and 3 no.
12) Discuss and Approve Stipulations for Power Installation Utilizing RBO Easements On the heels of the prior discussion, there occurred more debate as to what requirements to make for individuals wishing to use Red Bank Oaks easements to bring power. Several members present felt the cost of bringing power to the Association was far too high to be met without a large property assessment. At least one motion to add it to the general membership ballot died without a second. Christine Davis moved and LANDOWNER seconded the motion to table the item until the next meeting. The motion carried on a vote of 14 yes, and none dissenting.
13) Nominations for 2006-2007 Board of Directors Mr. Derrig said that he would no longer be available to serve on the Board. He said that all five seats on the Board of Directors are available, and called for nominations. The following members were nominated and did not remove their names from nomination before the end of the meeting. Kim Rowe; David Weston; Pat Young; LANDOWNER; Christine Davis; Miguel Tarazon These names will be on the ballot presented to the general membership as available candidates for seats on the Red Bank Oaks Board of Directors. 14) Vote for 2006-2007 Board of Directors, Red Bank Oaks Property Owners' Association Mike Derrig said that the Association needed to clarify who among the Board needed to sign and counter sign checks made on Association bank accounts. Presently only the Treasurer is authorized to do so.
Pat Young offered a motion, seconded by Mandy Kleykamp to continue to allow the Treasurer to sign checks on behalf of the Association. The motion passed with a vote of 18 yes and no one voting against. 15) Add In Items
Christine Davis said that the website is being rebuilt and apologized for it taking so long. It will not be up until the first of the year. Does the membership want to post a member chat or unmoderated group message board at a site such as myspace.com. Members generally did not want to have unmoderated access under the Association's auspices. LANDOWNER moved, seconded my LANDOWNER, to wait until the reconstructed web site is up to begin a member to member forum. The motion passed with 15 yes votes and no one voting no. Barbara Savoy agreed to assist Ms. Davis with website design and upkeep. The Red Bank Oaks website is available at www.RedBankOaks.org. 16) Good of the Order There was no business brought up.
17) Adjourn LANDOWNER moved to adjourn, Ms. Davis seconded the motion. The meeting adjourned at 3:53 PM.
Respectfully submitted,
Mandy Kleykamp, Secretary Red Bank Oaks Property Owners' Association
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Red Bank Oaks Property Owners' Association
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