2007/2008 SPECIAL MEETING OF THE
HERITAGE RANCH OWNERS’ ASSOCIATION
BOARD OF DIRECTORS
M I N U T E S
DATE: Friday, August 8, 2008
TIME: Executive Session at 4:30 p.m., Open Meeting at 6:00 p.m.
PLACE: Recreation Barn
DIRECTORS: Bill Barker, Bob Bernier, Jeff Smith, Dan Prunk, John Allen
_______________________________________________________________________________________________
CALL TO ORDER
ROLL
CALL (to establish a quorum)
Present: Bill Barker, Bob Bernier, Jeff Smith, Dan Prunk
Absent: John Allen
Also Present: Scott Baker, Association Legal Counsel
APPROVE/DISAPPROVE CONVENING TO EXECUTIVE SESSION TO DELIBERATE ON MATTERS
ITEMIZED ON THIS AGENDA
Motion by Smith, second by Prunk to convene to Executive
Session, unanimous approval
ANNOUNCEMENT OF ITEMS THAT WILL BE DISCUSSED IN EXECUTIVE SESSION
EXECUTIVE CONSENT AGENDA ITEMS
1. Executive Minutes – Approve/Disapprove minutes of the Special Executive
Meeting of the HROA Board of Directors held on July 11, 2008
Approved
EXECUTIVE BUSINESS TO BE CONDUCTED
2. Property Owner Request – Giles, to waive $500.00 tenant deposit (4:45
p.m.)
Required to pay
3. Property Owner Appeal – Myers, $10.00 Late Fee, Lot 86 / Tract 721
(5:15 p.m.)
This item was tabled at July 11, 2008 Board Meeting at the
request of the property owner who could not attend
Waived
4. Property Owner Request for Payment Plan – Kincannon (6 month review)
(5:45 p.m.)
At the February 8, 2008 Board of Directors meeting it was agreed
to provide Kincannon six months to get account current. Review of the Board to
be conducted at the end of that six months if not current.
No action, payment made in full
5. Property Owner Appeal – Lopez, Citation #8500, 8510 and 8554, $75.00
Parking of vessel on lot (use letter)
Upheld
6. Property Owner Appeal – Szymanski, Citation #8147, $25.00 Parking
violation/vessel (use letter)
Motion by Prunk, second by Bernier to change to a warning,
unanimous approval
7. Update on Litigation
Review summary provided by General Manager (See #21 below)
Approved to distribute (free copy in office)
8. Cattle/Sheep Contract
The cattle contract with Mr. Weyrich will not go forward as Mr.
Weyrich has decided to sell his cattle off. A new contract is proposed between
HROA and J.B. & Sons.
Discussion, with agreement to have association counsel write a proposed draft
contract
9. Approve/Disapprove to add Curtis Currie to the Unauthorized Guest List
Tabled
10. Approve/Disapprove to add Nick Steck to the Unauthorized Guest List
Tabled
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
11. Approve/Disapprove minutes of the 2007/2008 Fourth-Quarter Meeting of the
HROA Board of Directors held on July 11, 2008
See below
12. Approve/Disapprove, by resolution, a final-payment of $8,632.00 to
Solarponics for the Equestrian Park Pool
On May 9, 2008 the Board of Directors approved to purchase
replacement solar panels for the small pool at Equestrian Park for a price not
to exceed $10,789.00. On June 13, 2008 a 20% down-payment was made of $2,157.00.
Over/under budget = $0.
See below
13. Approve/Disapprove, by resolution, payment of $3,000.00 to Gregory J.
Blackburn for decomposed granite installed at North Gatehouse
On December 14, 2007 the Board of Directors approved to have
Blackburn purchase and install up to $3,000.00 worth of class 2 base along the
exit lane at the North Gatehouse for purposes of creating an alternate and
easier access for mobile homes to be brought into the Ranch (until this area can
be paved at a later date). Over/under budget = $0
See below
14. Approve/Disapprove Bill Carley to be on the Election Committee
See below
15. Approve/Disapprove Bill Carley to be on the Finance Committee
See below
16. Approve/Disapprove Lloyd O’Connell to be on the Election Committee
See below
17. Approve/Disapprove Bill Hale to be on the Election Committee
Motion by Smith, second by Bernier to approve Items #11-17,
unanimous approval
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
18. Approve/Disapprove to adopt training information supplement to the HROA
Rules and Regulations Book as prepared by Association Counsel Scott Baker
On May 9, 2008 the Board of Directors adopted the HROA Rules and
Regulations Book. On June 13, 2008 the Board of Directors approved additional
corrections that were noted (for clarification and consistency). On June 13,
2008 additional approval for the training information provided by Association
Counsel was tabled due to being incomplete.
Motion by Bernier, second by Smith to approve, unanimous
approval
Motion by Prunk, second by Smith to provide one free copy to each member through
the Association Office between October 1, 2008 and December 31, 2008, unanimous
approval
Association Legal Counsel, Scott Baker left the meeting
19. Acknowledge and Accept receipt of Fourth-Quarter Treasurer’s Report for
Fiscal Year 2007/2008 along with Revenue and Expense statement year-to-date
This item was tabled at the July 11, 2008 Board Meeting due to
not being completed.
Motion by Smith, second by Prunk to approve, unanimous approval
NEW BUSINESS
20. Approve/Disapprove to purchase two replacement trucks for Maintenance
This item was requested to be added by Director Prunk
Motion by Prunk, second by Smith to provide a $20,000 budget / truck for
Prunk to purchase two ½ ton replacement pick-ups for Maintenance, 3/1 with
Bernier opposed
DISCUSSION ITEMS
21. Homeowners request to review financial records for purpose of determining
how much money has been spent on legal fees
This issue is dictated by existing policy adopted by the Board of
Directors on October 11, 2002 and current California Law including: Civil Code
1363, 1363.05 and 1365.2, and Corporations Code 8310, 8311, 8313, 8320 and 8333.
Any member may, upon request, inspect the accounting books and records of the
Association.
On Tuesday, June 10, 2008 four property owners, one of whom was a former Board
Member, made an appointment to review the financial records at the Association
Office. HROA staff spent approximately four hours going through those records
with them and answering all questions. The focus was litigation costs.
On June 13, 2008 this item was placed on the agenda by President Barker, and
then tabled.
On Tuesday, June 17, 2008 three (of the four) property owners made a second
appointment to again review the financial records. HROA staff spent an
approximate additional four hours going through those records with them and
answering all questions.
On both June 10, 2008 and June 17, 2008 all information was presented to the
property owners in an organized manner and readily available for review (except
the attorney bills themselves which are confidential) for the past three fiscal
years. The property owners wanted a broader scope of information and after a
third contact with one of the property owners, the General Manager suggested to
provide a written summary from 2002 to current for better comprehension.
At the July 11, 2008 Board Meeting, where this was discussed during member
comments, the General Manager offered to provide a written summary for the
purpose of putting this matter to rest, which was informally met with support
from the Board of Directors. The property owners had requested to have all
litigations HROA has been involved in from 2002 to current itemized which is the
format of Part I of the summary.
The General Manager also requested that legal cousel review the summary before
distribution. The Board of Directors reviewed the summary in Executive Session
of August 8, 2008 with legal counsel to determine if it appropriate to release
for public distribution.
See #7 above
22. Response to Membership regarding litigation information published
utilizing HROA mailing list
On August 4, 2008 the Advisory Committee voted to recommend to the Board of
Directors that the Board of Directors prepare a response regarding the
fictitious, unidentified “Committee of Homeowners for Responsible Change” and
make that part of the official minutes.
Motion by Smith, second by Prunk to include the following statement in with
the minutes: “Normally, the Board of Directors should not involve themselves in
commenting on political campaign material. Due to the fact that the “WARNING”
mailer was potentially damaging to the Association, attempted to provide
information required to be disclosed exclusively by the Association, and
utilized HROA’s mailing list to do so, the Board of Directors renounces that
mailer as being factually inaccurate and of no merit.”
2/2 with Smith and Prunk voting in the affirmative and Barker
and Bernier voting in the negative
Motion by Smith, second by Prunk to revisit Item #22, 2/2 with Smith and Prunk
voting in the affirmative and Barker and Bernier voting in the negative
23. Review request for information on HROA mailing list
On July 25, 2008 a request was made from candidate Denise Roach
to the Board of Directors to provide a listing of all members who purchased the
HROA mailing list during the last two years. The letter also requested those
members who purchased the HROA mailing list during the last two years be asked
to confirm how and when the HROA mailing list was used and that the information
then be compiled about this and posted on the HROA website and read at the
August 8, 2008 Board meeting.
After receiving a copy of this letter, HROA informed Ms. Roach that she had the
rights as a member to inspect the records of HROA to determine who purchased the
mailing list, which she then did.
It would be up to the HROA Board of Directors to respond to the other items in
the request.
Discussion, no action
ADJOURN
Without objection