Present: Dan Prunk, Jeff Smith, John Martin, Steven Negro

Absent: Denise Roach

 

APPROVE/DISAPPROVE CONVENING TO EXECUTIVE SESSION TO DELIBERATE ON MATTERS ITEMIZED ON THIS AGENDA

Without objection

 

ANNOUNCEMENT OF ITEMS THAT WILL BE DISCUSSED IN EXECUTIVE SESSION:

 

EXECUTIVE CONSENT AGENDA ITEMS

 

1.  Executive Minutes – Approve/Disapprove minutes of the 2009/2010 Third-Quarter Executive Board Meeting held on January 15, 2010

Approved

 

EXECUTIVE BUSINESS TO BE CONDUCTED

 

2.  Property Owner Appeal – Nelson, Citation #9757, $400.00, Illegal Entry, Aiding Illegal Entry and Vehicle Not in System (5:15 p.m.)

Changed to a warning

 

3.  Property Owner Appeal – Williams, Citation #9723, $700.00, Unsafe Driving and Damaged Property (5:45 p.m.)

Upheld

 

4.  Personnel Issue

Approved to issue a letter

 

5.  Update on Litigation

Discussion

 

ADJOURN TO CLOSED SESSION

 

RECONVENE IN OPEN SESSION AND ANNOUNCE ANY CLOSED SESSION ACTION

(Estimated time to be 6:00 p.m.)

 

PLEDGE OF ALLEGIANCE

 

MEMBER COMMENTS: All members are invited to speak on non agenda items at this time.  Each speaker will be limited to three (3) minutes with a maximum speaking period of thirty (30) minutes.  Please raise your hand to be recognized by the Chairperson, at which time you should step forward and state your name, lot and tract #.

 

OPEN MEETING CONSENT AGENDA ITEMS

 

6.  Approve/Disapprove minutes of the 2009/2010 Third-Quarter Board Meeting held on January 15, 2010

Motion by Martin, second by Smith to approve, unanimous approval

 

7.  Approve/Disapprove, by resolution, reimbursement to Operations of $796.49 for purchase of one (1) replacement computer for the HROA Office

On January 15, 2010 the Board approved a budget of $750.00 plus tax for this purchase

 

Over/Under Budget = <$10.02> under budget (Note: tax = $56.51)

 

Motion be Smith, second by Martin to approve #7, 10 and 11, unanimous approval

 

8.  Approve/Disapprove, the Election Committee’s recommendation to appoint property owner Desira King to oversee the 2010 Election as the Election Official (Chairperson)

Motion by Martin, second by Prunk to approve, unanimous approval

 

9.  Approve/Disapprove, the Election Committee’s recommendation to count all ballots on Friday (the day before the Annual Meeting), during the daytime

The Board would need to approve this because the current Election Policy and Procedure Manual specifies the ballots are processed and counted in two (2) stages: Thursday night and Saturday day.  The Election Committee proposes to pick up all ballots on Thursday after the close of election, but process them through to completion on Friday beginning at approximately 8:30 a.m.

 

Motion by Martin, second by Smith to approve, unanimous approval

 

10.  Approve/Disapprove, by resolution, to transfer $2,225.70 from Reserves to Operations to reimburse for taxes charged for items purchased over the Internet

This was as a result of an audit, due to purchases made, where HROA was not charged taxes at the time of purchase

See #7 above

 

11.  Approve/Disapprove, by resolution, to acknowledge payment of $925.00 to Atascadero Fence for purchase of chainlink fencing at the Equestrian Park tennis courts and a replacement gate at the Heritage Park tennis court

On December 11, 2009 the Board approved a budget of $925.00

 

Over/Under Budget = $0

 

See #7 above

 

BUSINESS TO BE CONDUCTED

 

MEMBER COMMENTS: Time will be allotted during the business portion of the meeting for member comments on agenda items.  Each speaker will be limited to three (3) minutes with the Chairperson determining the duration of member comments on each agenda item.  When the Chairperson calls for discussion from the floor, please raise your hand to be recognized by the Chairperson, at which time you should step forward and state your name, lot and tract #.

 

ANNOUNCEMENT ITEMS:                                                                                                        

Nil

 

UNFINISHED BUSINESS:

12.  Approve/Disapprove Hiring Procedures as recommended by the Advisory Committee

At the January 16, 2009 Board Meeting, the Board directed this item be worked on by the Advisory Committee, with Director John Martin to be present.

 

At the February 2, 2009 committee meeting, the committee voted to have GM Richey write a draft policy utilizing what is currently being followed and submit that back to the Advisory Committee.

 

At the March 2, 2009 committee meeting, GM Richey passed out an initial draft of a policy.  The item was tabled for review.

 

This item was tabled at the May 4, 2009 meeting with no further action occurring.

 

This item was tabled indefinitely at the October 5, 2009 meeting, with President Prunk and Director Martin later agreeing to complete this assignment at the scheduled November 2009 meeting.

 

At the November 2, 2009 Advisory Committee a final draft, with corrections provided from the committee, was recommended to be approved by the HROA Board.

 

At the November 13, 2009 Board Meeting, the Board then approved to form an ad-hoc committee of Negro, Roach and Richey to review the final draft of the Hiring Procedures submitted by the Advisory Committee, and possibly incorporate additional suggestions, and bring it back to the Board.

 

After this assignment, it was suggested a Special Board Meeting might be worth calling of the entire Board to finalize the Hiring Procedures, along with another potential item of discussion (related to the existing HROA Rules and Regulations).

 

At the January 15, 2010 Board Meeting it was determined this item should be placed on the February 2010 Board Meeting agenda

 

Motion by Smith, second by Martin to approve

 

Without objection motion amended

  

Motion by Smith, second by Martin to approve with corrects to the two documents submitted: 1) Hiring Policy and 2) Hiring Procedures, unanimous approval

                       

NEW BUSINESS:

13.  Approve/Disapprove a 90-Day AEC extension for Cole, Lot 115 / Tract 1910, New Home Construction Project

Motion by Negro to give Cole a 180-Day extension

 

Motion failed for lack of a second

 

Motion by Negro, second by Martin to give Cole a 180-Day extension, but no more extensions would be allowed, 3/1 with Prunk opposed

 

14.  Approve/Disapprove, by resolution, to increase the Equestrian Committee to seven (7) persons

Motion by Negro, second by Prunk to approve, unanimous approval

 

15.  Approve/Disapprove a request from George Mitchell, to allow an exception to the New Boat Slip Lease which requires him to own a watercraft in his own name

The only watercraft registered to Mr. Mitchell’s property belongs to his daughter.  (Mr. Mitchell gave up his watercraft rights in approximately 2005, which has not changed since that time.)  Mr. Mitchell has continuously leased a slip from HROA, utilizing this slip for his daughter’s watercraft.  The new boat slip lease agreement requires the lessee to own their own watercraft.

 

Motion by Prunk, second by Martin to approve, unanimous approval

 

16.  Property Owner Appeal of an AEC Committee decision – Approve/Disapprove to allow a awning/carport encroachment in the side setback of Lot 29 of Tract 424

On September 24, 2009 Mark and Jim Wilde appeared at the AEC Committee to discuss the possibility of obtaining an encroachment in the side setback for an existing awning/carport which had been installed without receiving approval from the AEC Committee.

 

The AEC Committee directed them to the HROA Board of Directors.

 

On October 16, 2009 it was before the HROA Board to propose issuing a postcard to Tract 424 regarding the proposed

encroachment, which would be heard the following month.

 

At that meeting the Board directed Wilde to draw up and submit his plans to the AEC Committee to represent all elements of the project not approved by the AEC Committee, for the AEC Committee to either approve or disapprove said plans, and that any disapproval by the AEC Committee may then be appealed to the HROA Board

 

It was noted as part of the minutes that a variance would not be considered until these steps were completed, and that if the plans are not submitted in a timely manner, that a citation(s) may be issued

 

On November 12, 2009 the AEC Committee disapproved Mr. Wilde’s plans.  Two more months transpired, and a letter was sent from HROA Code Enforcement dated January 5, 2010 to Mr. Wilde requesting he resolve this issue.

 

Motion by Prunk, second by Negro not to grant any variance, unanimous approval

 

Motion by Prunk, second by Smith to give the owner time to comply, with Joe Martinez (acting as the HROA Inspector) to schedule a meeting with the owner prior to the next AEC Committee meeting to advise the owner what is allowed; and that if the owner fails to comply by the next AEC Committee by either removing the illegal structure(s) or by submitting plans that conform with the CC&Rs, that the owner is subject to citations thereafter, unanimous approval

 

17.  Approve/Disapprove to issue a notice to the membership regarding the following proposed rule additions, changes, and/or deletions: _________________________________________________

Motion by Smith, second by Martin to approve

 

Without objection, motion changed to making the fine for proposed new rule #2 (Profane Music) $100.00 and adding “Loud Music”

 

Motion withdrawn

 

Without objection motion changed to adding “Loud Noise” instead of “Loud Music”

 

Motion withdrawn

 

Motion by Smith, second by Prunk to change fine to $100.00, changing “Profane Music” to “Loud Noise”, and propose adding a step program for the New Home Construction compliance deposit of $2,500.00 as follows 1) 90-day <$500.00>; 2) 180-day <$500.00>; 3) 270-day <$750.00>; 4) 360-day $0

 

18.  Approve/Disapprove to adjust the 2009/2010 monthly Reserve Fund contribution to $13,877.92 for Fiscal Year 2009/2010 due to the high accounts receivable balance, and expenses year-to-date as examined by the Finance Committee

This was recommended at the January 15, 2010 Finance Committee Meeting

 

Motion by Negro, second by Martin to approve, unanimous approval