Novembr 9, 2002

Call to Order and Quorum

The board met on Saturday, November 9, 2002 for its regular meeting. President Steve Sims called the meeting to order at 9:04am with all members (Steve, Bob Begley, Ann Kennedy, John White, Oscar Hefner, Ron Smith and Mark Stamas) present.

Introductions

All board members and members of the audience stood and introduced themselves. Steve then gave a summary of the previous meeting. There was discussion about sending board communications, addressing personal concerns of board members, mailing statements and of posting more visible signs announcing the meeting notice.

Minutes

Minutes of 10/5/02 were approved on a motion by Bob Begley, seconded by John White and carried unanimously. They will be posted on the website as approved.

The minutes of 7/8/02, 6/22/02, 6/3/02 and the additions to 6/3/02 were not previously approved. Bob moved to accept the minutes. There was no second. After discussion Ann moved to accept as presented and reviewed and to place them in the CWPOA file as a file document only. Motion carried with five ayes and one abstention (Mark).

Approval of Agenda

Bob moved to approve the agenda as written and to modify it as the meeting progressed. O.J. seconded, and following further discussion the motion carried unanimously.

Public Comment

Jenny Castles noted that some agenda items are not in the proper order. It was agreed to try to sort them better as the board discussed the items. O.J. also recommended a meeting be held just for public input without board discussion.

CWPOA Business

1. Attorney General Complaint - Steve announced that he wrote to the Attorney General in response to Mark's letter, but had not received a reply. Mark moved to accept Steve's response to the AG and place it in the records, seconded by O.J.. Motion carried unanimously.

2. Mosquito Control - Mr. Hefner urged the board to act on mosquito control methods. He stated again that he had experts come to look at the problem and they determined that the mosquitoes in Cascadel are of the tree variety and can be controlled by filling holes with sand or concrete, or by removing the tree. There was discussion on whether this should be a private owner's issue of the board's. Bob Begley indicated it is mixed as there it private property and also CSA property involved. Suggestions were made to form a committee to formulate a plan for treatment. There was concern about setting up too many committees. It was agreed to move it to #16 on the agenda. O.J. recommended people be watchful for dead birds and report or take any they find to the proper agency.

4. Bylaws - Steve reviewed the history of the attempt to revise the bylaws as he understood it and noted that the association is currently operating under the old set. There was a lengthy discussion on how to deal with the matter, whether new bylaws are actually needed. Other issues were the complaint to the Attorney General and his indication that the bylaws should be revised, how to integrate them with the desires of the membership (needs assessment) and whether to form a new committee to address the matter. O.J. moved to set up a committee to look at the bylaws. Bob seconded with the amendment that they not create a new set, but to look at the old set to see how to revise them. Motion carried with five yes votes and one no (Mark). Steve then appointed Mark, O.J. and Bob to the committee. Ann noted that the committee is free to involve others of the membership to assist them if they wish.

5. Communications with Members - The board addressed the matter of how to inform the membership of what occurs at board meetings. At the October meeting it was decided to send out a summary of the meeting after the board approved it. The notice that John wrote was not approved as it contained items of past history not included in the October meeting, therefore, it was not sent out. The board discussed the matter further and O.J. then moved to send out the approved minutes from the previous meeting. Mark seconded and, following further comments, the motion carried with four ayes and two nays(Bob Begley and John White). It was clarified that only approved minutes will be sent out. Ann offered to assist Cynthia with the mailing.

19. Meeting Announcements - It was suggested that a large, bright, all-weather sign be made to place at the entrance to Cascadel and at the clubhouse for the purpose of announcing the board meetings. Bob moved that he volunteer to make the sign, Mark seconded and the motion carried unanimously. A ten-minute break was taken before addressing item #6.

6. Marie Iden Letter - The board received a letter from Marie Iden requesting it address three matters. The first was to request the board to develop a policy not to release corporate records from the office without approval from the board, unless it is in response to a subpoena. The second was to ask the board to send all members a copy of Ernest Licalsi's letter pertaining to an anonymous letter sent to some members using his letterhead. The third was to request the board send the membership a copy of the terms of settlement of the lawsuit and legal opinions of the attorney. Steve suggested it be tabled until the documentation can be assembled. O.J. moved to do nothing about it, stating he believes what was in the letter was true. There was no second. Motion died. Steve stressed that the board would not be taking sides in any issues, but it is obligated to respond to her request. There was more discussion about the request and what parts of it are board related business. Ann noted that items one and three of Marie's request were board related business, but that item two was referring to a letter not sent to, or by, the board. She stated that she would volunteer to write a letter in response to the request. Ann moved that she write a letter to Marie responding to the three items, and that the letter will be presented to the board for approval at its next meeting. Mark seconded. Motion carried with one no vote (John).

7. Budget - John moved that the item be tabled to the next meeting. There was no second. Motion died. Ann explained that she needs time to review the records and procedures. Mark moved to authorize Ann to do the homework on the budget/accounting and to present her recommendations at the next board meeting. Ron seconded. Motion carried unanimously.

8. Bills - Two bills were discussed. The first was from Robert Rosati for legal services to the former board, the other was sent to the previous board for office expenses incurred by Lila Johnson. Copies were presented to each board member. Mark moved, seconded by Ron, to table item #8 to the next meeting. Motion carried with all ayes.

9. Vandalism - O.J. moved to table the item. There was no second. Cynthia explained that windows were broken out of the storage building and they need to be replaced. Ron moved, Mark seconded, to authorize repair of the broken windows. Carried unanimously. O.J. withdrew his previous motion.

10. Burn Pile - Brian Curtis explained that the community burn pile, located where it has been burned before, needs to be burned to get rid of it. O.J. recommended keeping the community burn pile in place to eliminate having individuals burn on their property. Ann moved to handle the community burn pile as it has been handled by the fire committee and to approve taking care of it. O.J. seconded and the motion carried unanimously. Discussion following the motion clarified that it is for the community to use, but there is no way of overseeing when and what materials are put on it. Caroline Nicholson asked to be notified ahead of time when the burn was planned so that she can be away due to health reasons.

11. Chipper/Shredder - John explained that he had responded to a request by a resident to use the chipper on private property, and he had denied the request because the equipment is CSA owned. Steve stated there should be no use of the chipper unless specifically authorized by the board. This brought up the matter of safety devices for the equipment. O.J. indicated he was concerned with this - no guard bars on the chipper, no roll bars on the tractor. O.J. moved to have Brian Curtis and Bob Buckles do a safety evaluation of the tractor and chipper, using outside experts if needed, and to present a report at the next meeting. Mark seconded. Motion carried with all ayes.

12. Prop 204 Burn Piles - Mark indicated he does not want any action taken to burn the piles at this time. Brian explained that if the board defers burning them, he would like to cover at least a portion of selected ones so that the option remains to burn at a later date. There was more discussion on how to dispose of the piles. Ava Thiesen asked if some of the large pieces in the pile could be removed for firewood. Cynthia explained that the previous boards have set a policy not to use CSA wood for individual use. Steve offered to contact the county to see what could be done in this situation. Ron then moved to authorize $50 to cover some of the piles, and to table the remainder of item #12 to the next meeting. Bob seconded. Motion carried unanimously.

13. Policies and Procedures Manual - Bob moved to table items #13, #15 and #16 to the next meeting. John seconded. Carried with one no vote (Mark).

14. Resolution - The following resolution was discussed: "No CWPOA Board Member will ever take action, conduct business, or make any decisions on behalf of the Cascadel Woods Property Owner's Association and/or Community Service Area #21 outside of a properly scheduled, open meeting, unless specifically authorized to do so by the Board in an open, properly scheduled meeting." O.J. indicated that he would not approve, or sign, the resolution as he will take any action necessary to keep the board on track. John was concerned that it not be used to the point where it cripples the association from acting. Ann moved to adopt the resolution. Ron seconded and the motion carried.

17. Membership Fee - O.J. asked to have this on the agenda for discussion. He represented people concerned about paying the $25 membership dues in order to vote. He felt it was unfair to pay to vote when people already pay road fees. John was asked for a bit of history on this. He indicated the membership fee was intended for the purpose of running the association and that in the past the association has used road fees for this. He stated the association fee should cover association expenses, road fees cover road expenses and the CSA the same. Steve noted a budget study is needed to create a foundation for costs. Bob indicated that Prop 218 may affect this as well. John noted the confusion between "fee" and "dues". It was agreed that more research is needed. O. J. moved to table item #17 to the next meeting and roll it into the budget. Mark seconded and the motion carried 6 to 0.

18. Audit - Ann noted that as part of her budget research and planning she will have to do an audit according to a specific set of rules. O.J. indicated that in past meetings the members expressed a desire to do an audit for three years and it was approved. Ann will pull the minutes of that meeting when she does the work. There was more discussion of the matter and Mark moved to include the audit under the budget at the next meeting. Motion seconded by Ron and carried unanimously.

CSA #21 Business

The board's packets included a letter from the assistant county auditor/controller that was intended for information only. There was no action needed.

O.J. asked to be placed on the agenda for the next meeting under "Liability of Members".

Adjournment

Mark moved to adjourn. Ron seconded. Carried. Meeting adjourned at 1:00pm.

Submitted by,

Cynthia Curtis

October 5, 2002

The CWPOA board met on Saturday, October 5, 2002 for a special meeting to appoint two new board members, elect officers and cover business as outlined in the agenda. John White, the only continuing board member, called the meeting to order at 9:05am. Present were Robert Begley, Oscar Hefner, Ann Kennedy, Ron Smith and John White.

Approval of Agenda

The board marked agenda items to include for action and those to put on as discussion items only. Suggestions were made about adopting the budget, using a PA system, putting out the minutes sooner and scheduling an audit of the books. Ann Kennedy recommended placing as Item #1 the adoption of a resolution to accept attorney Rosati's recommendation about the composition of the board. Several motions were made and withdrawn about adopting the agenda. Bob Begley's final motion was to adopt the agenda as amended and to include the resolution about the Rosati recommendation. Ron Smith seconded and the motion carried.

Ann Kennedy then moved to approve the advisory vote of the membership made at the annual meeting concerning the appointment of two directors and to accept Rosati's recommendation on seating a seven-member board. Ron seconded. Motion carried unanimously.

It was noted that traditionally, the appointment to the board goes to the person receiving the next highest number of votes. Bob moved to appoint Steve Sims and Mark Stamas as the two additional board members. Ann seconded. Motion carried unanimously. Both Steve and Mark made short acceptance statements.

CWPOA Business

Election of Officers

President - Bob nominated Steve Sims for president. Ron seconded. There were no other nominations. Motion carried. Bob moved, seconded by Mark, to close nominations. Motion carried. Steve accepted the position and took over as chair. He stated that this is a board meeting only and the board is under no obligation to entertain comments by the membership, but will offer time to do so at various times. O.J. indicated that the board could not hold a secret meeting unless dealing with personnel problems, or the removal of a board member. There was other discussion on the authority of the board and whether it is under the Brown Act. Nominations continued.

Vice-President - John nominated Bob Begley for vice-president. Ron seconded. There were no other nominations or volunteers. The chair recognized the motion and closed nominations. Motion carried.

Secretary - Ron nominated Ann Kennedy for secretary. O.J. seconded. Bob nominated John White for secretary and O.J. seconded the nomination. Ron then withdrew his nomination of Ann and O.J. agreed. Bob moved, with a second from Mark, to close nominations. The board then voted to approve John as secretary.

Treasurer - Ron nominated Ann Kennedy as treasurer. Mark seconded. There were no other nominations and Bob moved to close nominations. Ron seconded. Carried. Ann approved as treasurer.

Steve Sims then recognized the four seats were filled as required by law and named the persons voted to fill them. The members indicated agreement. Noted that board members Bob Begley, O.J. Hefner, Ann Kennedy and Ron Smith are seated for two years. Appointments of Mark Stamas and Steve Sims are for one year to fill vacancies from resignations of Karen Balog and Shevy Shindler, and John White has one year remaining on his term.

Meeting Dates & Schedule

The directors then discussed preferences for holding board meetings, noting that they have been held every other odd numbered month. Mr. Hefner moved to set the time for meetings for Saturdays at 9:00am. Bob seconded. Carried. Bob then moved to set the next successive meeting to be held at 9:00am on Saturday, November 9th, and the next twelve month's meetings for every other successive odd numbered month on the second Saturday. Ann seconded. Carried unanimously.

Minutes and Billing Service

The board discussed the proposed budget and the consideration of farming out some of the work. General agreement was to keep in-house. Board members were asked to review the budget thoroughly before the next meeting. Discussion followed on reviewing minutes, the need to have them in a timely manner, how to make corrections and comments, and how to post them. Mark indicated he is not comfortable with approving minutes outside of a board meeting. There was further talk of how to get the information to the board of directors and the membership prior to the next meeting, noting how individual members votes on motions, following the spending restrictions, and recording audience comments. It was agreed that minutes shall be provided to the directors within thirty days of the meeting.

Communications

Attorney General Complaint - Copies of the correspondence were made available to the board members. Discussion followed on the response. Steve Sims offered to make contact with the attorney general's office to determine if a response was sent, obtain a copy of such response, or ask for an extension to allow the new board to review the matter and respond. Board members agreed.

Mosquito Control - Mr. Hefner spoke of his contact with previous boards about the mosquito problems and the diseases associated with them, of the information provided to him by the state that these are tree mosquitoes and of how to treat the trees to reduce the mosquito problem. Bob Begley also has obtained a packet of information on mosquitoes that is available in the office. This will be placed on the agenda for the next meeting.

Telephone List - Board members were asked to provide Cynthia with the information she can list for the general membership and for the board in order that members may be contacted. She will print up an updated list of numbers.

Bylaws

Steve asked to table this for subsequent meetings where it will be discussed in depth. In the meantime will continue following the existing bylaws and copies of these will be provided to all board members.

Communications with Members

Discussion on how to post minutes on the web site and how to provide to owners without computer access. It was agreed that the board secretary could make up a summary of the meetings, noting that this is for information and minutes will be ratified at the next board meeting. A copy of the letter will be provided to the board prior to sending it out to the membership.

Budget

Account Signatures - Bob Begley moved that all members of the board who agree to do so may have their names listed on the checking and savings accounts and be authorized for any two members to sign for the accounts. Ron Smith seconded and the motion carried unanimously. The directors to be listed are Steve Sims - president, Bob Begley - Vice-president, John White - secretary, Ann Kennedy - treasurer, Donald R. Smith -director and Mark Stamas - director. O.J. Hefner declined to be listed. Seligman signatures will be done at the next meeting. It was agreed to provide a statement of the current status of the accounts at each meeting.

Billing - Bob moved to keep the road assessment and membership dues the same as it has been and make changes later to increase or decrease assessments after the budget is passed. John seconded. Motion carried.

Bills - Tabled to the next meeting to allow directors time to review the bills.

Vandalism - Tabled to next meeting.

The board members then drew up a partial list of items to be included on the next agenda including the two letters (attorney general and mosquito control), bylaws review, budget discussion and formulating board policy. I was noted that in January the local chamber will be sponsoring a training session for non-profits. John will add this to the announcement notice to be sent out.

There was discussion on using Roberts Rules at the meetings. Steve offered to provide a PA setup for the next meeting.

CSA #21

Adjournment

O.J. Hefner moved to adjourn, seconded by John White. Motion carried. Meeting adjourned at 11:28am.

Submitted by,

Cynthia Curtis