CASCADEL WOODS PROPERTY OWNERS ASSOCIATION
BOARD OF DIRECTORS MEETING

JANUARY 10, 2001

The Cascadel Woods Property Owners Association board of directors met Wednesday, January 10, 2001 for its regular meeting. Present were Robert Kight, Richard Johnson, Marie Iden, Joanna Fuchs, Greg Sheets, Gerald Scharton and Roger Tucker. Other attendees: Jenny Castles, Steve Fuchs, Rick Harrell, Chris Iden, Russ Johnson, Judy Linda, Keith McClure, Mark Stamas, Carmen Taylor, John Taylor and John White.

Public Forum:

The meeting was called to order at 6:36 p.m. for the public forum. Judy Linda spoke to the board of her relationship to the law suit and her desire to remain excluded from the actions. Marie explained that Judy was contacted as a past board member as a result of a disclosure request from Taylor's attorney.

There were no other speakers and the open forum portion of the meeting was closed. The regular board session was then opened.

Approval of Agenda:

The proposed agenda was reviewed and modified. Greg moved, seconded by Marie, to accept the agenda as modified. Motion carried.

As approved in agenda changes, the letter of resignation from David Cicoletti was read and distributed to the directors. Jerry moved to accept the letter of resignation from David Cicoletti. Richard seconded. Carried unanimously. As per the previous meeting, Roger was back as a voting member of the board.

Approval of Minutes:

There was discussion on the minutes of the meeting of October 18, 2000. Joanna had requested that portions of the meeting be deleted. Marie read from Roberts Rules of Order the procedure for rescinding or striking portions of the minutes. There was a question about whether Richard had abstained from voting on approval of the minutes from the 8/9/00 meeting. Review of the tape was inconclusive, however, Richard recollected that he did abstain. Roger moved that the minutes of 10/18/00 be approved as corrected. Greg seconded. Carried. Marie filled out a motion card.

Minutes of December 13, 2000 were discussed. Roger asked they be corrected to show "Roger proposed that he sit on the board as a non-voting member of the board". Richard addressed the question of using proxy votes for board members. It was agreed that since it is not in the by-laws, they will not be used by this Board. Roger moved, seconded by Greg, to approve the minutes of 12/13/00 as amended. Carried unanimously.

CSA#21 Business:

Kitchen Floor - Jerry has arranged for Bob Buckles to install the new piece of vinyl flooring. This will be done at the cost of materials and employee time.

Master Plan for Management of the CSA Property - Roger spoke to this presenting an outline of the purpose of the plan, the three options that were drawn up by the committee working on it, and the people who comprised the core group working on the project. He would like to present a questionnaire to the general membership for input. He asked the board to review the draft before the next meeting so that they can decide where to go from here.

Correspondence:

Begley - Letters received and sent concerning setting up a web site for Cascadel. There is no charge for the web site, and Harvey Fischer is doing the site. There is a registered web site name for Cascadel.

Rick Neal - Received verification of Process of Service to a property owner for an overdue bill.

Chubb Insurance - Response to notification of potential litigation. To be discussed in executive session.

Stamas/Castles - Received letters supporting board actions. Jenny also wrote a letter requesting copy of addresses of members.

Sandy Johnson Letter - Requested list of membership addresses and copy of liability policy. There was discussion of what information can be given out, what can legally be given out, if this is addressed by corporate law and polling the membership for approval. There were some objections raised to release of this information. Due to this conflict, the board postponed releasing the addresses until there is more information available.

U.S. Forest Service - Received letter about fire engine response time to Cascadel Woods.

Richard Johnson - Received a letter from Richard with questions about the purchase of the new plow. He asked for an explanation of how the snowplow was purchased. Marie and Rick Harrell responded explaining the condition of the old plow, the inability to get in another plow in an emergency, the process of seeking bids from dealers from Selma to Merced, the bid comparisons, and decision to purchase.

Richard indicated his concern was the failure to inform the membership of the intent to purchase the plow and obtain approval by the membership to purchase the new plow. He stated that in the future no purchases will be made which exceed the amount of money which is provided. Roger explained that before the annual meeting the newsletter went out explaining the intent to buy a new plow truck, it was talked about at the annual meeting and not purchased until after the annual meeting. In hind sight can see that maybe this was not sufficient notification and will need more visibility in the future.

Richard's other question concerned the litigation and because it involves pending litigation he would skip over it at this time.

Joanna asked where the old truck was now. Rick Harrell explained that because it could not be traded in on the purchase of the new truck and was unsafe to drive, it was donated to the Sierra Forest Foundation, a non-profit foundation that agreed to accept it and not hold the association responsible for its safety or condition. Salvage companies would have charged $175 to take it. The Sierra Foundation has not used it and is agreeable to returning it at the Board’s request.

Davis-Sterling Act - Marie explained that letters were sent to Madera County agencies requesting them to research whether or not the CWPOA was covered by the Davis-Sterling Act. Leonard Garoupa of the planning department and David Kennedy from the county counsel's office responded that they don't believe the CWPOA is covered. We are awaiting other responses, at which time will plan to take the information to an attorney for advice. Richard verified it be an attorney who specializes in this area of the law.

Letters received from Gurule, Hawkins and Norwood concerning the use of Cascadel Road. No response needed from the board.

Two other letters received from Richard Johnson will be dealt with in executive session.

Responded to a letter from Mark Stamas about board actions concerning the appointment of Roger Tucker to the board and to his concerns about the rates charged for the CSA. Joanna responded that she can provide a copy of the CSA budget from the county. There was further discussion about the matter.

The board reviewed a letter from Jenny Castles about acting in a timely manner on requests before the board, re-billing and assessment charges for an individual outlot owner. Joanna responded to Jenny's questions about the billing.

Presented a copy of Joanna's response to Judy Gabriel's letter.

Reports:

Safe & Keys - Richard reported that he had purchased and donated a safe to the CWPOA for use in the office. It was decided to have keys and combinations given to Joanna Fuchs, Marie Iden and Cynthia Curtis. No keys to be left in the office. Also noted that new locks were put on the office and clubhouse. All new keys have been signed for.

Financial Report - Joanna presented and reviewed copies of the budget, balance sheet and P & L report through December. She explained setting up a new accounting system for July 1, 2000 to the present, but leaving the old books intact. She will make a deposit to savings to earn interest on accumulated funds needed for the remainder of the year and continue making an additional monthly payment to the principal on the truck loan scheduled to paid off in June or July 2002.

Marie asked if the board would like to discuss the unfinished business item of office procedures and accounting changes in conjunction with Joanna's presentation. This was agreed to. Marie applauded Joanna for her many volunteer hours in modifying the accounting procedures. She noted that many of the changes made by Joanna have done much to simplify and clarify the procedures and books. Marie expressed concern that some of the changes may not be giving the visibility the there was previously for showing which expenses are road maintenance, membership and CSA (previously listed under classes).

Joanna explained that by having the CSA class these expenses were being filtered through the CWPOA books and was not showing an accurate profit and loss statement. Robert expressed his concern that there is accountability of where money is going. Joanna believes this can be itemized by line item. It can be done, but is not an automatic notation. Roger wanted assurance that can show any CSA expenses as separate from the CWPOA. Joanna has this separated out on the bottom of the P & L report under CSA reimbursements.

Mark Stamas questioned where on the P & L report the road maintenance category is. He asked if Cascadel is able to generate a report of the CSA expenses. Joanna can only do this through the invoices generated to the county. Mark asked that the CSA budget be placed on the agenda for the next meeting.

Marie stated concern that the new account does not have all the customer information transferred and Quick Books is now the source for such information. She proposed that someone be hired to be sure all information is contained on the new records and verified to be correct. Cynthia offered that she could do this as time permits. Marie expressed concern that historical information is no longer available in one place. The old account will have to be archived for this purpose.

The other concern was that duplicate systems be run until taxes are done to be sure that the new system contains all the necessary information. Joanna spoke with the CPA's about sub-accounts and her desire to simplify the accounts. She believes that since she went back to July 1st that there is a duplicate system. Greg asked that a sample be prepared by the next meeting that compares the information available from both accounting systems. Will table further discussion to the next meeting along with a presentation of current and former office procedures.

Overdue Receivables - Joanna reported that on attempting to contact Debra Hutchins she was told to call her (Debra's) attorney and has placed a call to him. Marie explained the situation on this matter and the need to decide how to approach this (how to assess this outlot). Information on this is contained in the director binders. Will be tabled to next meeting.

Unfinished Business:

Road Work - Greg has been discussing ways to do the road clearance pruning of overhanging branches. It was noted that the CCC crews will not be available for fire reduction clearance and the CWPOA needs to contact the CYA crews now if we want to be on the summer schedule. This was discussed, in particular about the safety of using the CYA crews. Roger moved to have the office administrator contact Paul Rich about getting the CYA crews. Seconded by Marie. Carried unanimously. Greg has not contacted Norval Lee about moving his sand pile. Robert noted the need to be sure all culverts are cleaned out for winter.

CC&R's - Still need to address the issue. Mark Stamas expressed concern about past efforts on this matter. Robert noted no decision was made and asked Mark to serve on a committee for this. Tabled to a later date.

Taylor Litigation - Jenny Castles had asked that this be acknowledged. Noted that no comments can be made, but mediation is planned for January 29th. There was a question as to whether all board members can attend if only some signed on the suit. Robert indicated that it was only his opinion that they can.

Budget & Lindley Bill - While copies of the budget were being made, the board discussed payment of the bill from Robert Lindley for his comments on whether he did previous research on the Davis-Sterling act. The board discussed payment and then Roger moved to pay the bill since it was under $100. Motion seconded by Marie. Carried with five yes votes and two no votes.

Copies of the budget were handed out and Joanna explained it in detail. Mark Stamas asked if there was an item for road maintenance. This was discussed and noted that there is need for a reserve account for future road work, snowplowing costs and road upkeep expenses. Greg moved to approve the temporary budget for 2000/2001. Roger seconded. Carried with six ayes.

New Business:

Hiring an Attorney - Tabled

Petty Cash - Discussed setting up a petty cash account. Joanna moved to establish a petty cash account of $200, seconded by Richard. Carried.

New Printer/Fax - Joanna noted that the printer and fax machine need to be replaced. New combination units can be purchased for $350 to $700. Will not share the purchase cost with the water board, but will propose CMWC pay a one-time rental fee for shared use. Roger moved to approve an expenditure not to exceed $450 for the purchase of a 5-in-1 printer/fax machine. Second by Jerry. Carried with six ayes.

Street Numbers - Marie proposed making street number signs available as a courtesy to members through Bob Buckles for the cost of materials and installation. Notice to be sent out in newsletter or other mailing.

Future Meetings - Richard proposed calling a general meeting for the membership to allow individuals an opportunity to express their gripes, etc. to the board with a limited time for each member and the board response to them. Roger requested that it be done in conjunction with a board meeting and the meetings be changed to Saturdays in the morning. This was briefly discussed and Roger then moved to change the board meetings to the 1st Saturday of every other month, starting in March, with the meeting time beginning at 10a.m. Marie seconded. Carried with six ayes. The first meeting will be March 3rd at 10 a.m.

Joanna's Presentations - Joanna planned to comment on six items on the agenda, but would like to postpone this to the next meeting.

Adjournment of Meeting:

There was no further regular business and Greg moved to adjourn the meeting to executive session. Marie seconded. Carried unanimously. Meeting adjourned at 10:30 p.m.

Submitted by,

Cynthia Curtis
Assistant Secretary
 

 

CASCADEL WOODS PROPERTY OWNERS ASSOCIATION
BOARD OF DIRECTORS MEETING

MARCH 3, 2001

Prior to opening the regular board meeting, Vice-President Richard Johnson asked if there were any further public comments and if any of the membership wished to address a particular portion of the agenda. There were none. Jenny Castles noted the sections on the agenda that she wished to make later comments on. They were marked.

Richard then called the meeting to order at 1:05 p.m. All board members, except Robert Kight, were present.

Marie Iden read a letter from Robert Kight stating that effective March 3, 2001 he was resigning as president of the board, but would continue to serve as a board member. Vice-president Richard Johnson then assumed the role of president of the board.

Agenda

The agenda was reviewed for changes. Gerald Scharton moved to approve the agenda as modified, placing the Taylor Litigation (Item #3, part 3, of Unfinished Business) after approval of agenda. Greg seconded and the motion carried unanimously.

Unfinished Business - Taylor Litigation

James Sherwood, who was introduced at the morning portion of the meeting, then explained that he is working as an agent of the insurance company to try to help resolve the litigation. He informed the membership that a mediation session had been held with all parties, and he had drawn up a tentative settlement agreement, presented it to the CWPOA board for review and approval. The board had approved it with minor changes and he would then present it to the Taylor's attorney. The settlement proposals are tentative and the Taylor's have not had an opportunity to review it yet. If an agreement is reached, it would be presented to the membership for approval.

To the question of whether he would remain the attorney in the matter, he responded that this would depend on what the insurance company desires. Marie clarified that "someone" had called the insurance company and asked that Mr. Sherwood be removed. The board had discussed this and a letter would be sent from everyone on the board to the insurance company requesting that he continue in the position. He has been very helpful and fair to all parties in trying to reach an agreement. It was made clear that it is unknown who called. Also Mr. Sherwood explained how he came to be involved with the matter and the role of the insurance company.

He briefly explained what mitigation is, some of the proposed restrictions, and encouraged all parties to try to reach an agreement. There were more questions and answers pertaining to the proposed settlement agreement. Mr. Sherwood explained why the documents were not provided to the Taylors yet and that they need time to meet with their attorney. Roger explained that the final document could be reviewed at a general meeting or sent out to the membership for review before the board makes a decision on the matter.

Marie Iden then moved that the Board send a request to the insurance company that James Sherwood continue as the representative of the Property Owners. Greg Sheets seconded. Carried with one abstention.

Mark Stamas asked upon whom the agreement would be binding. It was explained that it would be between the Taylor's and the association to the extent that the membership has rights. It would not impact any others who do not have membership rights, unless a guest of a member. The suit is based on alleged prescriptive easement of historical usage, not on a granted easement.

Mr. Taylor explained that a judge had ruled that there was no granted easement, and all that is left is the prescriptive rights. He described the past closure of the road.

Mr. Sherwood explained that there is a trial date set, and if there is no agreement, then it would go to court. The extent of his (Sherwood's) involvement is to reach a settlement agreement.

Richard then thanked Mr. Sherwood for coming and went on to the next item.

Minutes

The minutes of January 10, 2001 were corrected on page 4, under "Budget and Lindley Bill" to change the "two" no votes to "one" no vote. Roger moved to approve the minutes as corrected. Seconded by Joanna. Carried unanimously.

CSA Business

1. Repairs/Improvements

    • Work on the kitchen floor repair is completed. All repairs were made within the budget. Marie will contact Dewey Pest Control.

    • The vent pipe for the propane heater was broken off by snow sliding off the roof. Mountain Air replaced it and constructed a support. No bill yet.

    • The person doing the clubhouse cleaning was no longer available and a local resident has been hired.

2. Master Plan Draft - Discussed sending out the draft plan to the membership for input for refining the three options into one. Marie moved to send out the Master Plan Questionnaire, with a cover letter, to the membership. Jerry seconded. Carried. Roger explained further to those present what the management plan was.

3. Budgeted Projects - Brian Curtis obtained bids for a number of previously budgeted projects that have not been done yet. He requested action by the board on the following.

    • He has a bid of $1982 for a canopy for equipment stored outside the bathhouse. It is a 35ft by 12ft sloped roof 17 gauge steel canopy.

    • The oak trees in the vicinity of the clubhouse are a safety hazard due to dead branches that periodically fall. He has bids of $800 and $1100. He recommends the $1100 bid as the person has all the proper insurance. The budget is $2000 and that would leave $900 for other projects.

    • There is a previous plan for a sprinkler system for the lawns around the clubhouse. Part of this is in. He has two bids for the side lawn and front circle - both very close to the budget.

    • A drainage ditch is still needed around the base of the kitchen foundation. There is still some moisture under the kitchen, even with the vent holes. He has two bids, both close to the budget, and recommends the low bidder who also put in the sprinklers for the memorial garden.

    • There is a $500 budget item to construct drainage behind the community garden. This can be done with a hired backhoe within budget.

Joanna spoke with the county auditor/controller about the projects. All projects are within 10% of budget and allowed. Brian has handouts for each project. There was discussion on having an arborist look at the tree trimming to ensure not damaging them while also providing for safety. Roger moved to approve the requests as presented in Item #3 of CSA Business, with the addition of up to two hours consulting by Leaves of Grass Landscaping. Greg seconded. Motion carried unanimously.

4. 2000/2001 Budget - In answer to a question as to why the CSA charge doubled in three years, it was explained that it was arbitrarily dropped by the auditor to $50 for one year, even though the budgeted expenses for that year were much higher. The additional costs were to be taken from the reserves. There was further discussion about the expenses, carry-over costs from one year to the next and budget report from the county for January. Joanna explained the county budget reports in more detail. Marie suggested setting a separate budget meeting when the board begins working on the budget.

Correspondence

Each board member was provided with a copy of all correspondence prior to the meeting. Roger suggested not reviewing each item separately unless there is a specific question. This was agreeable to everyone and Richard went through the list of items noting that items 12, 13 and 14 would be deferred until later in the meeting. Carmen Taylor requested a copy of the Ron Smith letter. A list of the correspondence appears on the agenda and copies are filed with these minutes. Don Heisig asked about the letters from Richard Johnson. Roger explained that these were between board members and that prior to the meeting the board met and agreed to put personality disagreements aside in order to facilitate conducting the meeting business and he did not believe they needed to be discussed. Jerry agreed and suggested to go on with the meeting.

Reports

1. Financial Report

Joanna reviewed the specific items of the revised budget (Budget vs. Actual) which was modified to include the road maintenance items not on the previous budget. A printed copy was available to everyone. She met with Brian Curtis to assess the items which he had suggested be included in the budget. He then explained the projects and recommended completing three of them this year and placing the other two under the 2001/2002 budget. He has proposals from a local contractor and can get others if necessary. Suggested to do were: (1) install a French drain on Cascadel Drive North where the road is saturated from the drainage next to the memorial garden - $1800, (2) grade and shape 800 ft of Cascadel Road and install culverts - road is the heavy equipment access to Cascadel - $2500, and (3) clean out and repair the end of the culvert at cul-de-sac on Cascadel Drive North - $300. The other two projects were: (1) repair and extend the cement slab where Cascadel Road crosses Whiskey Creek (Brian has a rough bid of $5000 and would like to explore further) and (2) extend the concrete culvert under the paved section of Cascadel Road toward the Taylor property and put down rip-rap to prevent further erosion - $2000.

Jerry asked Bob Buckles and Brian if they had the proper tools for repairs. Brian had also put in a budget request for $900 for purchase of some basic tools. Bob indicated that they had to use their own power saws during the snow storm to remove dead branches and also needed a power pole saw. Additional items can be put in the next budget.

Renee Halstead commented about road conditions (cracks in the surface) and about having residents submit notice of problem areas. This brought up the matter of a road maintenance plan. Brian agreed to assist on a road committee, Greg volunteered to be on as a board member, and others from the community will be welcomed to assist. Joanna noted that she is setting up the Seligman Cash Management Fund as a reserve account for road maintenance.

Roger then moved to approve the amended budget as submitted based on the 2/26/01 report. Marie seconded. Motion carried with five ayes.

2. Review of 1998 Annual Meeting Tape

In response to questions about the motion made at the 1998 annual meeting concerning restricting spending, Roger reviewed the tape of the meeting. It was not an orderly meeting and there were many interruptions and interjections by attendees. Stan Eggink tried three times to make a motion, but due to the many interruptions, the secretary was not able to get the first two down. On the third attempt it was moved to include the budget and expenditures in the newsletter. Previous to the motion there were suggestions to place a spending limit on the board, but it was not in the final motion. The minutes of the meeting do not include that final motion. Roger moved to have the secretary review the 1998 annual meeting and transcribe the original and adopted motion by Stan Eggink and present information from Roberts Rules of Order for correcting the minutes. Joanna seconded. Motion carried.

Unfinished Business

1. Road Maintenance

Road Work - Most of this was discussed under the revised budget. Brian addressed the issue of roadside clearance. For safety reasons and fuel reduction, the side and overhanging limbs need to be trimmed. The branches created a problem for snowplowing. Previously the board had expected to be able to get either the CCC or CYA crews in to do this work. This has not been possible as they each have other commitments. Brian spoke to Paul Rich about an alternative solution. Under the Prop 204 the work could be contracted out, paid for by the CWPOA and then reimbursed by the county. This would result in a "no cost" method of completing the clearance. Brian explained how it would be done (20ft from road edge and 12 ft up from road edge) and that he had obtained two bids based on 15 acres of clearing. One was for $700/acre, the other was for $400/acre, and both are licensed contractors who have experience in doing the work. He recommended the low bid. Brian also proposed the contractor not clear directly in front of homes, except for the 12ft up from the pavement, and the CWPOA do any of that work. Under the 204 money there would be spraying the following year, but this can be done by hand pruning as well. Renee asked that the arboretum committee be involved with this and mark "no cut" areas. Marie moved that Brian Curtis be authorized to prepare an application to CRCD for fuel reduction brushing with assistance from the arboretum committee. Greg seconded. Carried.

After reviewing the remaining business to be covered, Richard suggested adjourning the meeting to next week. Brian asked for authority to pick up the sander that was paid for privately and donated to the association. Jerry offered to donate two tarps for covering the unit. There was a short discussion about the matter, and Brian was directed to pick up the unit.

Roger moved to adjourn the meeting for one week to March 10th at 1:00 p.m. Marie seconded. Carried. Meeting adjourned at 3:05 p.m.

Submitted by,

Cynthia Curtis
Assistant Secretary
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CASCADEL WOODS PROPERTY OWNERS ASSOCIATION
BOARD OF DIRECTORS MEETING - Public Forum

MARCH 3, 2001

At the regular board meeting held on Saturday, March 3, 2001 the opening portion was scheduled for public comment. Attending were directors Richard Johnson, Joanna Fuchs, Marie Iden, Jerry Scharton and Roger Tucker. Richard called the meeting to order at 10:00 a.m. and explained the basic format to be used. Each attendee wishing to speak selected a number at random to be used to determine the order of the presentations. Each speaker had five minutes of comment, followed by up to five minutes of response from a board member.

(1) Brian Curtis - Concerned that the board was not taking action on some of the projects needing to be done. He obtained bids and estimates, met with Joanna to discuss funding, and requested the items be on the agenda for the regular meeting.

CSA - Cover at storage building for equipment, trenching/ditching for drainage, sprinkler system for remaining lawn areas, hazard limbs on oaks - all items already budgeted for.

Road Maintenance - Pot holes/eroded areas/broken culvert, hazard trees identified by PG&E, roadside brushing for fire safety (has a proposal for refunding all cost under 204 funds).

Richard - These items are on the agenda for 1:00 p.m.

(2) Judy Linda - Owner and former board member, would like board to limit scope of business and keep all costs as low as possible (CSA & CWPOA) and consider expenses for everyone and everyone's needs. Concerned about resolution of grievances. Would like to see board follow state laws and civil codes in spending. Will put remaining concerns in writing.

Richard - Ideas deserve merit. Will listen to concerns.

(3) O. J. Hefner - Spoke about roads, paving problems, and the need to hire reputable companies to do work. Unhappy with purchase of new snowplow and disposal of old truck. Wanted to make an offer on old truck. Not happy with sander as will be additional expense. Not going to accept future cost increases.

Richard - Comments on tape, will take under consideration, understands fixed income situation.

(4) Dorothy Cole - Concerned about changing Cindy's job, wants to know why another attorney is needed when we already have one, does not believe individuals need to know personal information.

Richard - Questionnaire sent out for this. Can scratch out what you do not want given out.

(5)Joy Heisig - Passed for time being

(6) Jenny Castles - Wants by-laws rewritten to fit Cascadel's needs, change voting procedures so that payment of road assessment entitles owner to one vote (not by membership), wants to see the board keep the back road open as a secondary access for general use, wants to see the board follow established procedures and the whole board vote on any changes.

Richard - Points well taken. Will address changing by-laws; do need to determine whether Cascadel falls under D & S Act, Brown Act, etc. Will act on her concerns.

(7) Don Heisig - Stated his support for Cynthia, does not see need for sander, proposes turning entire thing over to Madera County, would like to finish the law suit since the costs are nearly done, and he sees the road as another exit even though others do not.

Richard - Will listen to concerns. Litigation is difficult to discuss at this point, but will consider what the association wants. Don asked if a vote would be taken from all members of association. Richard has no problem with this. Agrees communications could be better as is true any other group. Sees many problems with Madera County and its road care.

(8) Mark Stamas - Agrees with Don that should dissolve whole association and use the county instead. Concern with the election and believes the board is not legally elected. (Marie explained to the audience the election situation that Mark was speaking of.)

Richard assured Mark that items would be considered and he (Richard) is concerned that all members have proper voting rights.

(9) Keith McClure - Longtime resident, sees no such thing as a perfect board, supports Cynthia's job, thanked Bob Buckles and Brian Curtis for keeping roads open, supports new plow purchase. As vice-president of water board he was concerned about a late payment of shared phone bill and explained the connection to the monitoring equipment and county. All this can be addressed/fixed.

Richard - Had a problem with the way snowplow was purchased, not with the need for it - time to treat as a dead issue. Also thanked Bob and Brian for plowing. Explained phone bill problem and that it is taken care of.

(10) John White - Former board member has been attending last few meetings because of his concerns with problem of "new vs. old" board, should be "one" board addressing community problems, and supports new plow. Biggest concern is the board spending hours on things that occurred before, boards are elected so that do not need whole community vote on board's actions - would not accomplish much that way. Time to get over contentious past and get on with new work. Concerned that not much accomplished since the election. See possible accounting problem with change in system without complete board vote. Not perfect in past, but accomplished job to be done. Doesn't want to spend his money on lawyers. Also wants to support Cindy as valuable source of past information.

Jerry - Did accomplish something - have new vinyl flooring in the kitchen.

(11) Brian Curtis - Supports what John White said. Need to be neighbors first. Contention in community has spilled over into board - has seen controversy before on both boards, has seen people take on difficult work and accomplish much for community, but this contention seems worse. You are all good people and it is time to get on with business.

(12) Passed

(13) John Taylor - Described legal action, indicated CWPOA had no granted easement, noted Cascadel found in contempt of court, can only go for "squatters" rights, previously gave permission for residents to cross his property. Presented letter from fire chief concerned about newsletter indicating Cascadel Road as fire escape, road is not safe escape route. Why wasn't article retracted?

Jerry - Road would not be safe escape route. Establish safe area (clubhouse with meadow and fire hydrants). Stated he, himself, would not put anyone on that road.

Marie noted Jerry working as CWPOA coordinator for fire control.

Richard - Agrees with fire chief reports, has looked at road and is aware of fire danger, let's get on and not get too emotional.

(14) Sandy Johnson - In favor of dissolving association, grateful to see the fighting between new board/old board as it means new board is disagreeing with old, old board is suing her friends and she knows two others who were sued, noted contempt finding against CWPOA, would like to see voting change and new by-laws, sees contention as the new board fighting for her rights.

Marie - The contempt fine was paid by the attorney, not the CWPOA, as the contempt was issued due to his advice.

Richard - Comments will be listened to.

(15) Renee Halstead - Has lived where there are and are not boards, has served on boards, but is sick over the conflict between neighbors. See underlying issue of conflict is a difference of opinion of what a board is about and neighborliness is about. Does not believe disbanding board is way to go. Hopes everyone believes in principles over personalities, people on the board are not "evil" - they are doing a job no one has wanted. If Taylor's are interested in being good neighbors, let them show it by allowing her through to an area where she used to cross country ski for years. Wants to see everyone get rid of the anger between neighbors.

Dorothy Cole - Stated she does not see the problems as the board's fault, it is the people in the area who disagree and do not get along.

(5.) Joy Heisig - Concurs with much that has been said, feels all boards serve under tough conditions and commends all members past and present for giving of their time to the community. Regrets what she wrote in newsletter (her personal opinion of using back road for escape) caused so much trouble. Spoke a long time ago with Taylor's when first encountered gate, felt violated by gate - thought is was a public access. Mr. Taylor was cordial and told her anybody could go through - but wanted to protect his child. Would like to see community be happy again.

(No #) - Stan Eggink - Spoke of "conflict" as being good by letting people get together and work for results. Concerned that board will indeed address everyone's concerns even though not a quorum, would like to see how everything was addressed - in some document sent out to homeowners addressing each and every issue.

Jerry - His intention is to address everything presented - this was the purpose of this meeting. Asked if a Saturday was best for everyone for this type of meeting. Would not want to see his serving on board cause him a problem as a neighbor. Spoke of plowing situation and the difficulty of the job. Will address these issues. To a question of whether the snowplow is still an issue, he responded that maybe the purchase was made incorrectly, but is a past issue.

Richard - Introduced James Sherwood who was asked to speak about the proposed mediation settlement.

Mr. Sherwood explained he was retained by the insurance carrier to assist in resolution of the legal issue relating to the road access. Two issues - the ongoing lawsuit against Taylor's and the suit from Taylor's against the board that has not been filed yet. He is retained by insurance carrier in relation to the second issue, not to here to give legal opinion as to merits of either of the lawsuits. He participated in the mediation hearing. He drafted paper work to try to settle the issue and has talked to Mr. Taylor to get an understanding of some of the issues. He is attempting to address issues for both parties.

In response to a question, he explained he attended a mediation meeting between both parties and their attorneys, and was there to listen to both sides. He has prepared documents that were submitted to the board, and after receiving comments he will then present to Taylor's counsel

Joy questioned if the board's response is known yet. Marie explained that the board had not had an opportunity to speak personally with Mr. Sherwood - would do so at noon. Board was not sure until yesterday that insurance company would pay for Jim to come up. Sherwood explained how the insurance company must first approved what he does.

Marie explained that once there is agreement with the mediation settlement proposal, then it should be presented to the membership for input before the board votes on it. Jim added this is an attempt to avoid going to court which is what will happen if mediation fails. Richard spoke of how impressed he was with Mr. Sherwood's assistance. With mediation settlements, even though the board may agree, the Taylor's may not, and it is a back and forth thing with changes and additions. He was appreciative of Jim's assistance.

Judy Linda commented she understands both sides of the issue, but disagrees with how the board dealt with filing the lawsuit, that no public comment was solicited and that individuals signed the papers. Jim tried to explain why it may have been done this way, and that in hindsight may have been done differently. There was probably an issue of statute of limitations as well. This is something Mr. Jamison would have to explain.

Sandy Johnson questioned whether the association could be reimbursed by the insurance company for association expenses involved with the initial suit. Mr. Sherwood explained that the policy does not cover the underlying suit. She asked if it covers individual homeowners if they are sued. Jim responded that an individual's homeowner policy might cover. This policy covers board members acting within the scope of their duties as a board. Sandy asked if it was determined that this was not the case, would it cover. Sherwood's response was that the insurance company would have to make that decision. She asked it there was an exclusion if it was found that the board did not act in good faith, or within the law. Jim said generally there is an exclusion for that situation.

Karen Balog asked why the names of spouses were included on the suit. Jim indicated that this was a determination made by Jamison based on property rights. Sherwood has not done any research as to whether procedurally the association could have brought the action, or whether it was appropriate for the individuals to bring the action on behalf of the association in that format.

Sandy Johnson asked if the insurance policy covers punitive damages. Reply was no, punitive damages are for malicious wrongdoing.

That was the end of the presentation by Sherwood.

Mr. Hefner spoke about the mosquito problems. He reported that Cascadel has tree mosquitoes, not water mosquitoes. Treatment is to fill all holes in trees with sand or cement, or remove the trees. He recommended cutting down the old apple trees and replacing them with new ones.

There were no other comments. Richard thanked those present for attending.

The meeting was adjourned at 11:55 a.m.

Submitted by,

Cynthia Curtis
Assistant Secretary
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CASCADEL WOODS PROPERTY OWNERS ASSOCIATION
BOARD OF DIRECTORS MEETING

MARCH 10, 2001

The Board met on Saturday, March 10, 2001 to continue the business from the board meeting of 3/3/10. Present were Richard Johnson, Joanna Fuchs, Marie Iden, Jerry Scharton, Greg Sheets and Roger Tucker. Robert Kight was absent.

President Richard Johnson called the meeting to order at 1:00 P.M., took roll call, and explained that this was a continuation of the 3/3/01 meeting. He opened the public forum for brief statements. Judy Linda asked to go on record that she believes the by-laws need to be rewritten to comply with current civil code for homeowners associations.

Continuation of Unfinished Business

Mark Stamas wished to bring up his past board item that problems are due to lack of procedure and he believed the vote at the annual meeting was invalid and asked that the board look at the issue.

Richard asked that he be allowed to skip over Unfinished Business item #2 (Office and Administration) on the continued agenda as he and Greg are working on it. Marie interjected that the board should address Mark's issue before moving forward. She added that she had contacted John Jamison for direction and brought copies of the election information.

There was a call for order, and Richard stated that the meeting was on the old agenda and this other business would be addressed. He asked that his request to skip #2 be approved. Roger asked if Richard and Greg were actively working on a resolution to #2. Richard responded that they were. He assured Greg that Mark's issue would be addressed later in the meeting.

Item #3 (Legal) - Richard asked why these were placed on the agenda. Marie noted that the subjects of by-law revisions and civil code applications were from previous meeting agendas. A number of members had asked for this to be reviewed. She asked Volney Dunavan to introduce herself. Mrs. Dunavan explained her experience in other non-profit organizations and agencies in working on revisions of by-laws to bring them into compliance with current regulations. Richard responded that revision of the by-laws will be placed on the next agenda.

Jenny asked if the board could make a decision now for Volney to begin work on the by-laws. Discussed whether a budget is needed. She will ask Pillsbury for a referral to an attorney who specializes in this area. Joanna added that she would require an attorney who specialized in this, and is not connected to anyone on the board as a personal attorney. Volney can gather information and report back on costs.

Roger spoke of the issue of compliance with Davis-Sterling and Brown Act and suggested obtaining a legal opinion. Discussion followed where there was general agreement with the need to do this. There was a question of placing a limit on cost or time, including assurance there is no conflict of interest and acceptance of the final decision. Judy Linda asked that the board also inquire what codes do apply. Roger felt this was a separate issue to deal with after an opinion is received. He moved to ask Dowling, Aaron & Keeler for a preliminary opinion regarding applicability of Davis-Sterling and Brown Act to CWPOA, for up to four hours of partner time. Insert amended to include asking Dowling, Aaron & Keeler if they feel comfortable providing this opinion, or if there is another firm they would recommend. Marie seconded. Motion carried with five ayes.

Joanna stated she had something to add to the discussion of Item #3 pertaining to by-laws. She wanted to move #4 from new business to this presentation, but that was objected to and it was left under new business. Joanna cited portions of the By-laws Section #9 concerning powers of directors to go into debt, Section #15 about no member being personally liable for a debt of the corporation, and Section #12 pertaining to payment of dues. In her opinion the corporation should not assess a special assessment without the vote of the membership to approve it, and that making dues optional is in direct conflict with the by-laws. She read from a portion of the 1973 Road Report pertaining to proportionate liability of members for payment of road assessment.

She brought up the matter as she feels the board needs to reconsider optional payment of dues and to consider each person is a member whether dues are paid timely or not, and to reconsider the road assessments. She stated it should be the dues that are raised, not the road assessments. Joanna wants the board to consider the matter. There was further discussion on the judgements, by-laws and whether boards can make by-law changes that affect membership voting rights. It was agreed that all this is why the by-laws must be rewritten, and that after they are in draft form, these matters will all be discussed. Richard agreed that all this is well taken and will be considered, but need to move on.

Next item was the results of the membership poll concerning release of information to individuals which was sent in response to a request by a member for individual addresses. About 30 to 40 responses were received. Marie stated she would leave it up to the board on how to respond. Joanna cited a portion of the letter from the attorney general concerning providing this information upon request. Roger read from the letter, noting that this was a complaint alleging failure to comply with the civil code.

Marie added that because there was a request, and a response from members who do not want this information given out, there is a conflict. She read the section of the corporate code dealing with the matter. Roger stated he was uncomfortable with interpreting the corporate code and whether there is full understanding of what it says - should be referred to the attorney. He explain there is a motion from Greg in the office since January 19th, which no board member has seconded, to provide the list of addresses. He would like to table this until can get direction from an attorney for the guidelines for providing mailing lists to members, then follow those procedures. Roger moved to ask Dowling, Aaron & Keeler to provide guidelines for providing membership information to member referencing corporate Code 8330(2) - up to one hour of partner time. Joanna seconded. Discussion on the matter followed and it was explained that this became an issue when objections were raised to providing the information. Motion carried with five ayes.

Item #3 about the Taylor litigation was moved up in the previous meeting agenda for Sherwood to speak. Mediation agreement was discussed at that time. The decision on whether to proceed or abandon the process was to be decided after response from Taylor's attorney. "Recouping Costs" was placed on the agenda by Richard prior to being elected president and he disagreed with where it was placed. Marie read the Roberts Rules of Order on the president of board participating in debate. Richard stated that as president he must remain neutral and will let it go. Roger suggested both items be tabled until receive mediation decision.

New Business

Sander - Brian explained the sander unit is installed in the truck and he can drive to Oakhurst for sand at $16.00 per load. For the long term, he would like to have a storage bin. He asked what the board decision is for accepting the unit. There was discussion concerning the need for the unit, usage of it, cost to operate, liability, who decides where to sand, and other issues. Richard responded that he acted in good faith in donating the unit to the association. Roger asked if there was any request to make reimbursement from the board, or if there is a letter of donation. Cynthia replied that this was a direct purchase with a personal check from the person donating the unit. Judy Linda added that she feels everyone should be thanking the person for the donation. Greg moved to accept Richard Johnson's donation of the sander and based on Brian Curtis' report we operate it as reported. Roger seconded. Motion carried with five ayes.

Voting Procedures - Jenny Castles asked this be placed on the agenda. She would like to see a change in the way votes are taken to include one vote for CSA membership and one for road maintenance. She asked to include this in the by-law revisions. Richard agreed that this can be an item to consider.

Rewrite By-laws - Covered under unfinished business.

Late Fee Amendment - Joanna stated she has not assessed any late fees, as she is not sure of the legality of the charge. She moved to approve Dowling, Aaron & Keeler up to one hour of research of the amendment to by-laws September 9, 2000 assessing our members a late fee based on corporate codes. Greg seconded. Motion carried with five ayes.

Sheriff's Report - Tabled

Roger asked that before completing the meeting the board address Mark's issue of the election. He moved to ask Dowling, Aaron & Keeler for an opinion on the validity of the September 2nd annual election and how to rectify any issues resulting from that election. Greg seconded. Motion carried with five ayes.

There was discussion and an explanation of what the problem was. Marie read from the by-laws how an election should be conducted. Various board members stated their concerns that the legal position of the board members be clarified, especially with concern about D & O insurance.

Adjournment to Executive Session

Roger moved, seconded by Marie, to adjourn to executive session for about 15 minutes. Meeting adjourned at 2:30 p.m.

Regular Session Reconvened

The regular session of the meeting reconvened at 3:00 p.m. Item #1 (letter from Attorney General) from the revised agenda for March 10th was opened for discussion. Richard explained that the item could be discussed, but no vote taken. Roger explained that this was discussed in executive session and will provide corporate attorney and insurance company a copy of the complaint. The board will follow completely the recommendation for responding.

Mark asked if he can be provided a copy of the complaint. Richard responded that the board has not received direction that can do this yet. He did respond that three members of the board had filed a complaint against the other four board members plus David Cicoletti and Rick Harrell. He expected to be able to discuss it after the thirty-day reply period.

Adjournment of Meeting

Greg moved to adjourn, seconded by Roger. Motion carried. Meeting adjourned at 3:08 p.m.

Submitted by,

Cynthia Curtis
Assistant Secretary
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CASCADEL WOODS PROPERTY OWNERS ASSOCIATION
BOARD OF DIRECTORS MEETING

APRIL 3, 2001
SPECIAL BOARD MEETING

The board met on Tuesday, April 3, 2001 to consider a request from PG&E concerning tree marking and removal and to hold an executive session. Present were Richard Johnson, Joanna Fuchs, Marie Iden, Robert Kight, Greg Sheets, Gerald Scharton and Roger Tucker. Guests - James Sherwood and Jenny Castles.

President Richard Johnson called the meeting to order at 1:00 p.m.

Cynthia reported that a representative from PG&E had requested addresses for individuals who had trees on their property that PG&E had marked for trimming or removal. If that is not possible, he asked if the CWPOA could mail them out if he reimbursed for the cost.

There was discussion about whether the names could be given out, or if CWPOA would want to be involved, or whether this would indicated approval of what PG&E is doing. Roger had concerns about marking trees on the CSA. The Arboretum Committee works with the PG&E representative, and Roger could get the group together to help again.

Jim Sherwood noted that PG&E has methods for notification, and would not recommend doing it for them. Could put a notice in the newsletter that PG&E will be doing this, and give the name of their contact.

Roger moved to let PG&E do their own owner notification, we place a notice in our newsletter that we have been contacted by PG&E, give local people contact information and for the county service area we let the Arboretum Committee deal with the tree issue as they have always done. Greg seconded. Motion carried.

Greg asked that at the next meeting the board again establish a regular time period for putting out the newsletter. Agreed.

Roger then moved to adjourn to executive session. Greg seconded. Motion carried with no nays.

Submitted by,

Cynthia Curtis
Assistant Secretary
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