CASCADEL WOODS PROPERTY OWNERS ASSOCIATION
BOARD OF DIRECTORS MEETING

May 13, 2002

Approved 9/9/02

The board held its regular meeting on Monday, May 13, 2002. The meeting was called to order at 7:10 PM by president Richard Johnson. There was a quorum. Present: Richard, Gerald Scharton, Joanna Fuchs and Karen Balog. Absent: Shevy Schindler, John White and Marie Iden

Approval of Agenda and Set Adjournment

Discussion of the proposed bylaws was postponed as Richard did not have his copy. A copy was provided to the attorney and he has made recommendations. Consideration of the budget was postponed. Joanna expected to have the report completed in two weeks. Cynthia noted that she will be on vacation for two weeks and Karen will handle the office duties.

Adjournment was set for 9:00 PM as moved by Karen, seconded by Gerald and carried.

Richard responded to a question from the audience concerning the several copies of the bylaws stating that the board was going back to the 1/14/02 copy.

Minutes

Richard noted that, in response to a letter from Marie about comments from the audience at a previous meeting and the conduct of board members at an informal board meeting, he had the tapes transcribed at a personal cost of $89 and found no sexual slurs. Joanna then explained why she left the informal meeting attended by herself, Karen, Marie, Judy and John.

Joanna made corrections to the March 11, 2002 meeting stating she was dissatisfied with the write-up of Gerald's presentation. The word "almost" was inserted on page 2 to read: "John had almost been called a liar" and the following was added to the end of paragraph two under Comments by Gerald Scharton: "The agreement was not with the association not to sue the. plaintiffs, but was with the association not to sue the Taylor's". Gerald moved to approve the minutes of 3/11/02 as corrected. Karen seconded. Motion Carried.

Minutes from the special meeting of April 13, 2002 were corrected. Under Review Bvlaw Section 3, after paragraph two the following was inserted: "The April 13th draft was not presented to the board until just prior to the meeting." Joanna moved, seconded by Karen, to approve the minutes of the 4/13/02 special meeting as corrected. Motion Carried.

Board discussed purchasing a new tape recorder with microphones. Karen moved that Joanna look into the cost of a new tape recorder. Motion seconded by Gerald and carried.

Warrants and Payroll

The April bill from Rosati was reviewed and it was noted that the minutes should reflect that a portion of the 3/20/02 conversation charge was for settling the Jamison issue. Gerald moved to pay the Rosati bill of $272 from April 1, 2002. Joanna seconded. Motion carried.

Discussion followed on the 5/5/02 bill from Rosati for review of the bylaws. The board was informed that there are no copies of correspondence from Rosati on file in the office. There were questions about any additional legal costs on the bylaw revisions and it was noted that it is unknown at this time what, if any, there may be. Joanna moved to approve payment of the $1616 bill from Rosati. Karen seconded. Motion carried.

Charges for the payroll tax program for Quick Books were explained. Joanna moved to request from Marie a factual statement from American Express regarding Intuit payroll tax service update, or if not provided, repayment of full amount of reimbursement made personally by Cynthia for $139.00. Gerald seconded and the motion carried.

Correspondence

Received a letter from Rosati dated April 12, 2002.

Non-Renewal letter from Chubb Insurance - Richard informed the board the he and Gerald met with the insurance agent to discuss the D & 0 insurance. She is working with another company to provide the service at the same cost. He noted that none of the correspondence on claims with Chubb went through the agent's office and stressed that any future claims be sent to the agent first. Noted that the increased CSA#21 insurance premium was due to industry-wide increases.

Letter received from Volney Dunavan with suggestions for doing election ballots and envelopes.

Unfinished Business

Bylaws - Postponed to future meeting

Fire Committee - Gerald reported that hazard reduction clearance was done on many private lots, the brush pile was partly burned and is now closed, and that there are discussions with PG&E about placing power lines crossing the meadow under ground. Also, the meadow along Cascadel Drive will be mowed and a fire-break mowed around the bum pile.

Roads - Shevy Schindler asked Karen to inform the board of the problems with a contractor crossing and dumping materials in the meadows. Discussion followed about asking the county to write a letter. Gerald moved, seconded by Karen, to authorize Shevy to follow through on the restoring of the meadow and to do whatever is needed (with the backing of the board). Motion carried.

Letter to Marie Iden 3/25/02 - Tabled to next meeting - personal letter from Richard. He added that he received a box of papers from Sherwood that he would like the board to look at.

Letter to John White 3/25/02 - Tabled to next meeting.

Letter to John White (Bylaws) 4/5/02 - Tabled to next meeting.

New Business

Budget - Motion from Joanna to approve a special meeting for bylaws and budget for Monday, June 3rd at l0:00 AM. Karen seconded. Motion carried.

Signatures - Motion made by Joanna to approve adding Shevy Schindler to the signature card for all banking purposes and to remove Judy Linda from the accounts. Karen seconded. Motion carried.

Nomination and Candidate Committee - Board discussed setting up a nomination committee and holding a meeting where candidates can address issues. Joanna moved to authorize Rudy Zeman to advertise in the newsletter for nominations for the general election and to ask for volunteers for the nomination committee. Seconded by Gerald. Motion carried. Karen will contact Rudy.

Meeting Attendance - Richard stated that it is a board member's responsibility to inform the secretary or president in advance if they plan to miss a meeting.

CSA Business - Fiscal year for the CSA is July 1st through June 30th. Will plan to do the CSA budget at the same time as the association budget.

Public Participation

Richard made a statement about the board's obligation to listen to opinions and concerns of the membership, but to only discuss items within the board's realm of responsibility. Richard made comments concerning the lawsuit and attempts to obtain information from Jamison, which he believes the previous board members could request. He added that he may ask for advice from the DA. There was additional discussion about the suit and legal papers. Joanna inquired about rescinding the previous board's motion to indemnify the board. Richard requested that the agenda for the next meeting include a section for rescinding the motion, arid addressing the letters to Marie and John. Joanna moved to table #4, #5 and #6 of Unfinished Business to the meeting for June 3rd and to include "Rescinding Motion" as a subject for the agenda. Karen seconded. Motion carried.

Richard noted that all board members received letters from Marie and John.

Adjournment of Meeting

There was no further business. Gerald moved to adjourn at 9:55pm. Joanna seconded. Motion carried.

Submitted by

Cynthia Curtis

Assistant Secretary

Return to Top of Page

CASCADEL WOODS PROPERTY OWNERS ASSOCIATION
BOARD OF DIRECTORS MEETING

May 4, 2002

Special Board Meeting
(Approved 7/8/02 - Corrections in Italics)

A special meeting of the Board was called by Richard Johnson, Gerald Scharton and Karen Balog for Saturday, May 4,2002. The purpose, as outlined in the agenda, was to consider specific items pertaining to the bylaws.

Call to Order & Quorums

Richard called the meeting to order at 10:00am. There was a quorum present consisting of Richard Johnson, Gerald Scharton, Karen Balog, and Joanna Fuchs. Marie Iden, Shevy Schindler and John White were absent.

Approval of Agenda & Fix Time to Adjourn

Joanna moved to approve the agenda and to fix the time to adjourn at 11:00 AM. Karen seconded. Motion carried. Richard then turned the gavel over to the vice-president Gerald Scharton to conduct the meeting.

Bylaws

Richard moved to thank the Bylaw Committee for their hard work and to disband the Bylaws Committee. Joanna seconded. Motion carried. The secretary was asked to send a thank you letter to the members of the committee.

Karen Balog moved to rescind the motion she made on April 13, 2002, seconded by John White, pertaining to Sections 3.1 to 3.6 of the amended bylaws handed to the board members that day by John White. Joanna seconded. Motion carried.

The board members then discussed the website policy and approval of materials posted on the site. Joanna moved that any information related to Cascadel Board policy, Board business or affairs of this corporation shall require Board approval by majority vote prior to placing on Cascadel website. Richard seconded the motion. Carried. Cynthia questioned whether she could still post the agenda and minutes. After further discussion, Joanna moved that agendas and draft minutes, stamped "DRAFT" be placed on the bulletin boards and website. Karen seconded. Motion carried.

Richard made a motion to accept the bylaws submitted by the Bylaw Committee dated 1/14/02, the Board will review the draft dated 1/14/02 and, if necessary. make modifications on this draft before submitting it to the membership for approval. Joanna seconded. Discussion: There was discussion as to whether the entire set of bylaws was to be reviewed again, or only Section 3. Richard stated he would like the review at this meeting and to go over it page by page. Several members wanted extra time to re-read the document before making decisions. It was noted that the attorney had reviewed all sets of bylaws, but was confused over the matter. It was decided to set aside time at the start of the next meeting to do the final board approval. The vote was then taken on Richard's motion. Motion carried.

Joanna then moved that at the May 13th regular meeting the first 45 minutes, not to exceed one hour, be set aside to review the 1/14/02 draft, and all board members be notified of this prior to the meeting. Karen seconded. Carried.

Richard asked Karen if any directors had informed her that they would be absent from this meeting and stated that he believed it was the duty of the directors to let the board know if they will be at a meeting or not.

Response from Rosati - Joanna asked Richard for an extra copy of the attorney's response. He was able to provide her with one.

Adjournment

At 10:40 AM Joanna moved to adjourn the special meeting. Richard seconded. Discussion: O.J. Hefner then spoke to the Board. He moved that items 1 through 12 of his letter presented to the entire board at the previous meeting be taken into consideration for the bylaws amendments. He added that he wants the $100 CSA assessment removed. Richard responded to him that he was not arguing with O.J.'s request, but with his temperament while presenting the request, asking that he speak in normal tones, and noting that the bylaw committee worked many hours over several months to revamp the bylaws. He added that O.J. will be put on the agenda for the next meeting. O.J. added that there should be a board meeting every six months where people can come and vent their opinions. Richard noted that time is set aside at each meeting for public input, adding that comments are recorded and also are on the meeting tapes.

The board then voted on the motion for adjournment. Motion carried. Meeting adjourned at 10:50 AM.

Submitted by

Cynthia Curtis

Assistant Secretary

Return to Top of Page

CASCADEL WOODS PROPERTY OWNERS ASSOCIATION
BOARD OF DIRECTORS MEETING

April 13, 2002

Special Board Meeting on Bylaws Section 3

(Approved 5/13/02 - Corrections in Italics)

The CWPOA board held a special public meeting on Saturday, April 13, 2002 to review Section 3 of the proposed new bylaws. Present were Richard Johnson, Gerald Scharton, Karen Balog, John White and Marie Iden. President Richard Johnson called the meeting to order at 10:10am.

A quorum was present and the time to adjourn was fixed at 11:00am.

Review Bylaw Section 3

Richard explained the purpose of the special meeting was to review Section #3 and that he expected the meeting to be conducted in a proper manner, with no interruptions, adding that members wishing to speak must be recognized by the chair.

John White, chairman of the bylaw committee, explained Section 3, noting that the problem was with defining who has the right to vote and who can run for the board. One version would allow CSA members the same voting and membership rights as association members. Another version would not allow this. Marie Iden explained the differences between the CWPOA budget and the CSA budget, who can vote on them and that the board of supervisors has the final say on the CSA budget.

The April 13th draft was not presented to the board until just prior to the meeting. Karen questioned why the April 13th draft is different from the January 14th draft. Volney Dunavan, a member of the bylaw committee, said she thought the board wanted the committee to come up with new revisions.

Other subjects discussed were the "boundaries" of Cascadel, the history of how parcel owners could now be members, what the original Cascadel Ranch Properties included, the boundaries of the CSA and the use of Cascadel Road.

The discussion then centered on determining the composition of the association in regards to membership voting rights and inclusion on the board. Several suggestions were made about voting on just this section. After further discussion on the matter, Karen Balog moved that the board send all the choices for membership in the association to the full membership pertaining to items 3.1 through 3.6 for a vote separate from the complete bylaws. Marie seconded and the motion carried. It was noted that the board should still consult an attorney to be certain it is legal.

Public Comments

D. J. Jansen expressed her concern about the conflicts within the Cascadel community and suggested that if there were no association, there would be no need for bylaws. John White responded that he has heard this from others and it would be something for the board to look in the future, but not as a "knee-jerk" reaction.

Shevy Schindler spoke about where he moved from and how much of the work was accomplished by community volunteer work. He also expressed his concern about proper spending of association road fees.

Ed Rose commented about the difficulties boards face, but urged the board members to keep working at it and not to "throw the baby out with the bath water".

Keith McClure noted that things sometimes get blown out of proportion and expressed his hope that problems can be worked out.

Adjournment

There being no further business, Gerald moved to adjourn. John seconded. Motion carried and the meeting adjourned at 11:42am.

Submitted by,

Cynthia Curtis

Assistant Secretary
Return to Top of Page

CASCADEL WOODS PROPERTY OWNERS ASSOCIATION
BOARD OF DIRECTORS MEETING

March 11, 2002

(Approved 5/13/02 with Corrections in Italics)

The board held its regular meeting on Monday, March 11, 2002 at the Cascadel Clubhouse. Present were Richard Johnson, Gerald Scharton, Judy Linda, Joanna Fuchs, Karen Balog, John White and Marie Iden. Due to recuperation from surgery, Richard turned the chair over to Vice-president Gerald to conduct the meeting. Gerald called the meeting to order at 7:05pm.

Agenda and Time to Adjourn

The agenda was reviewed and adjusted. Judy moved, seconded by Richard, to approve the agenda as adjusted. Motion carried. Marie moved to adjourn no later than 10:00pm. Karen seconded. Motion carried.

Minutes

The minutes from the January 12, 2002 bylaw review meeting, and minutes from the January 14, 2002 regular meeting were approved as moved by Karen, seconded by Judy and carried.

Richard spoke about the deadline, set at a previous meeting, for getting letters from each board member to the newsletter editor, and that the deadline was past. He wanted to be sure this was included in the minutes of the meeting.

Comments by Gerald Scharton

Gerald spoke to the assembly about the recent poll that was sent out. He noted it was to let the board know what the community wants. He added that the poll sent last year about the lawsuit resulted in getting the suit dropped. He noted that he didn't want to hear any more comments about the purchase of the snowplow, that Richard supported it too or he would not have donated the sander. This brought up comments from the audience about the plow driver leaving snow in front of driveways when plowing the roads. Gerald added that there is not time to remove snow from in front of each driveway and keep the roads open too.

Gerald noted that there is still an unsettled bill from Jamison. A check had been sent to attorney Rosati to forward to Jamison after Rosati negotiated an agreement to reduce Jamison's bill from $4,900 to $1,500. It was noted that the check has not been cashed. There was more discussion on this matter, including whether it was cost effective to fight the payment of the bill and who was responsible for paying the bill. Richard added that when the suit was settled it was agreed that no one could sue anyone. Joanna said it was her interpretation that the board did not agree not to sue the plaintiffs. The agreement was not with the association not to sue the plaintiffs, but was with the association not to sue the Taylor's.

O.J. Hefner asked why he was not on the agenda as he dropped off his request on Monday. Judy said he would be able to speak under the public comments.

John White questioned the order of business. Gerald indicated it was discussion on road monies and how to spend. John asked about the Jamison bill, saying he thought the board approved paying him. Richard explained that the bill was negotiated down from $4,900 to $1,500, but the check had not been cashed and that Jamison now wanted to file a claim with Chubb insurance. It is not known if Jamison accepted the check or not.

Gerald addressed comments to John White concerning John's conduct at meeting with other board members stating that John had threatened another board member. John responded that he had almost been called a liar by another board member and he felt he had not physically threatened the other member. There was further discussion on the issue.

Gerald spoke about the mailing prepared by Judy Linda. He indicated that not everyone had received it. Marie stated that she had mailed all the letters the following day.

Public Comment

O.J. Hefner - Brought to the attention of the board the article about Yosemite Lakes Park fees that appeared in the Fresno Bee. He said this corroborated his previous comments about their fees. Marie added that total road and water fees for YLP are $750 per year.

Ellie Hefner - Commented on the $100 yearly assessment on the property taxes charged for the maintenance of the county service area. She questioned why it is so high. Judy explained the formation of the service area, and the previous fee structures. She added that it will be addressed in the CSA budget meeting.

Nate Fidinger - Stated he was present to focus on trimming the fat from the budgets and push for yearly audits. Judy responded that this is on the agenda.

Mark Stamas - Stated he would like investigate forming a county maintenance district and sub out the plowing. He was asked to write up a proposal for the next meeting.

O.J. commented on the operation of the snowplow and questioned why it is not parked at the clubhouse. Brian responded that it is board directive that it be parked at the drivers' residences so that they are prepared to use it immediately.

Correspondence

Jenny Castles - Explained that she wrote to board to urge the members to work together, follow the bylaws more closely, keep order at the meetings and move forward. She made comments about the budget and providing an accurate view of the CSA and CWPOA expenses. Joanna responded that employees are not county employees and do not receive separate W-2's. Judy added that the board is working on this. She explained the mailing that was sent out, that Richard had approved it and directed her to send it as a result of a previous board vote to send information. John commented that two members of the board were not made aware of the mailing or content.

Richard spoke to this, stating that much of that information would have been sent out in the newsletter, which was delayed for various reasons, and there is an obligation to keep members informed. He agrees that the conflict needs to stop. He commented further on the legal bills remaining to be paid and the duties of the board members in questioning expenses.

Mark Stamas - Stated he did not intend to be on the agenda. His letter was to request access to minutes and tapes. There was agreement that records are open for review and there is need to establish a procedure for doing this.

Request for Use of Clubhouse - The board addressed a request from a member to use the clubhouse for a small wedding. The member is aware of the special requirements for this and will abide by the rules. Judy moved to approve the use of the clubhouse for the wedding the weekend of April 5th and 6th. Richard seconded. Motion carried. Karen asked about establishing a room capacity. Gerald will look into this.

Unfinished Business

Bylaw Review - Noted that the bylaws need the final review of Section 3, then are to be sent to the attorney before going out to the community to vote on. Richard stressed that there is just this one portion left and lots of work has gone into re-doing them. Greg Sheets asked about the voting procedure for approval. Volney Dunavan explained that a majority of the membership must vote approval. Marie moved to set a meeting on April 13th at 10:00am to discuss the bylaw changes, with a letter sent out to advise the members. John seconded. Motion carried. It was suggested to send post cards.

Fire Safe Committee - Gerald informed the board that Bob Buckles was now the head of the Eastern Madera Fire Safe Council as well as on the Cascadel fire committee. He has set up two vacant lots and two developed lots as demonstration lots for safe clearance. The fire committee is also working on securing grants. Current grant money is $125 per 1/4 acre lot and $250 for an acre parcel, and all work must be approved by the person administrating the 204 grant. Most hand crews charge up to $1000 an acre and around $650 with a tractor. Discussion on who can do the work. All work must be completed and inspected by May 14th. Gerald explained that the 30' fire clearance around homes is required and is administered by CDF. The grant program is voluntary and for clearance of the entire property.

Road Report - Karen read a letter from attorney Rosati addressing the issue of charging combined lots as though they are still separate. He stated that because it is a court decision on charging by units, it could only be changed by going back to court (costly) or by 100% agreement of the members. Karen would like to send a copy of the letter to all owners with combined lots. Brian added that the planning department has a record of all combined lots.

Jenny inquired whether an opinion on charges for outlots had been received from any attorney. Joanna commented that there was a previous motion to submit the question to Sherwood, but no response was ever received.

Audit Report - Joanna and Judy obtained information on audit costs and various types of audits. The costs range upward from $3,000 for a full audit. There is a $2,000 spending limit, so a membership vote would be needed. Judy explained that there are other methods which they are looking into, like an audit committee to do the foot work and reduce costs. There was further discussion about the matter, after which Judy made a motion to send a letter to the community with a description of audit options, with costs per year for back audits and get a vote by the membership. Joanna seconded and the motion carried.

Break - A short break was taken until 9:30pm.

Chubb Insurance - Cynthia spoke with the local agent and was told that the board already had copies of everything in her file. A letter has also been sent to Kojima requesting copies of paperwork.

Legal Bills - Marie reported she brought all the records she has on the legal bills and left them in the office.

Signatures - Judy displayed a document that the attorney is concerned about because some of the signatures on the potential legal document (settlement agreement before it went to arbitration) all look to be the same writing and asked if anyone knew anything about them. There was no response. John Taylor requested a copy.

Newsletter - There was discussion pertaining to the delay in putting out the newsletter. Rudy Zeman had left due to illness and was not available for comment. Judy wanted to include a letter for getting a list of nominees for the board, and include information on items that need to be voted on. Brian suggested including a notice about running for the board with another mailing. Rudy will be asked to give a copy of the newsletter to each board member for comments and approval.

Hutchin's Report - Cynthia brought a copy of the court documents. There was discussion about setting a precedence on payments, how the payments were determined, and the need clarify road expenses.

Approval of Bills - The board members gave voice agreement to paying Joanna mileage to go to the accountant's office in Fresno, the auto insurance bill, and the December bill from Rosati.

Adjournment

The remaining business was tabled until after the special meeting on the bylaw review on April 13th. Karen moved to adjourn the meeting at 10:05pm. John seconded and the motion carried.

Submitted by,

Cynthia Curtis

Assistant Secretary
Return to Top of Page