Sunshine Acres Property Owners Assoc.

Semi Annual Meeting

January 14, 2006

 
The meeting was called to order at 1:00 pm by Dave Taney SAPOA President.
 

Dave Taney:  We need 35 property owners to have a quorum, which equates to 10% of the 350 people that have paid up dues.  We have 45 at the present time; so we’ve got a quorum.  All current Board of Directors are present also.  We’re going to deviate a little bit from the norm tonight.  We’re first going to let Dr. Richard Welch discuss a project that involves Diamond Point and Sunland communities.  

Dr. Richard Welch:  I am a member of the Public Health Advisory Committee, which is a committee in this county that is mandated by the County Commissioners.  15 people in the community with interest in public health are appointed to serve as volunteers.  We advise the county health officer and indirectly the Board of Health on matters that may affect the people of the county.   This year we have looked at water quality, quality of our streams, and commercial food service in restaurants in the community.  We have advised the health officer that influenced vaccinations.  This is just some of the things we do.  The group wanted to do more so we decided to get out and do a grass roots public health improvement project.  Since we have no money, no federal money, no county money, no state money, we had to do something that could be done very cheaply.  So what we decided to do was to encourage a walking project.  We have termed this project a demonstration project comparing an urban community with a rural community.  And get people who are now inactive to get out and be a little active and get out and walk which most of us can do, some cannot.  Sunland has agreed to be our urban community and we’ve met with them 2 or 3 times to try work out the details.  The community that we thought would be a good rural community is this group here (SAPOA.)  I proposed that because I know many of you walk already and we hope you continue to keep walking and some like me walk every now and then when my wife can haul me out of the chair and then there are some who don’t walk at all.  When you look at the recent report from the center for disease control regarding chronic disease, all of us sitting in this arena fall into that category.  We can help prevent some of the chronic disease problems, at least make it a little easier on ourselves if we continue to be physically active.   So the Public Health Advisory Committee would like to enlist this group in some way in a walking program and we hope that both could be in some kind of competitive program where at the end of the year we compare the total miles walked by this community with the total miles walked by the Sunland community and the loser of the project would throw the other one a potluck somewhere.  We would like to enlist those of you who would like to participate in a walking project.  I would like to introduce Barbara Mason, one of my compatriots on the public health advisory committee.  She’s done a lot of the leg work and she has put together a very nice little brochure explaining this project.  I will turn things over to her to tell you where we go from here.  I want to emphasize that we don’t want anyone being involved in this program that shouldn’t actually be out doing activity.  If you have any question in your mind, you want to check with your healthcare provider and ask if it is OK to go out and do some walking.  We want you to do it safely.  We don’t want you to go out walking in the middle of the roads out here, which I ‘m sure you won’t do but we don’t want anybody getting hurt out here.  We want you to do it safely.  We want you to have some fun out of it.  We want to get more people out doing walking because for long term you’re going to feel better.  Your blood pressure if it’s up is going to be better; your pulse rate is going to be better. In long term you will benefit from it.   

Barbara Mason:  We are collecting names and addresses of people who are interested so that we can send a mailing probably at the end of this month.  We need to get people registered.   We need to have a letter of introduction to people who are interested from the health department and the public health officer.  The plan is to find out who is interested.  I will leave a sign up sheet in the back.  If you have enough interest we will have a kick off meeting with a log sheet to track miles that you walk.  You can drive the area you walk to check mileage or check county maps which may have mileage on them.  Probably up here, the car is the best way to measure how far you’ve gone.  We will also have people from the health department come out to talk about walking safety.  Mr. Harrison from Harrison shoes said that he has a standard talk that he delivers around the state about walking shoes, so that you don’t get blisters on your feet which is very important, especially if you have diabetes.  If people are willing, we would be happy to take your BP and resting pulse and then come out and do this again in 6 months to  see how many miles you’ve walked and also if there are any changes in weight, blood pressure, resting pulse and then take measurements again in 12 months.  The initial idea was to compare those results in the two different communities but Sunland suggested we  get the program up and running and then we will talk later about competition.  This is a wonderful way to encourage folks to get out and move and possibly learn a little bit more about public health.  You can walk anywhere you want.  Make it more of a social occasion.  Make it fun. This is not regimented, government oriented walking program.  We want you to make it fun.  Those who go out of state for the winter, keep track of your miles.  Pedometers are OK too.  Tread mills are OK too.  Anything that gets you moving.  If you already walk, just log what you already do.  Just keep track of your miles.  It doesn’t matter where you walk.   

Christine Allen:  (
from memory, could not hear speaker on tape), she shared how she started out walking barely one mile but now she goes on hikes of several miles.  She encouraged people to get out a walk a little and they will build up to more and more. 

Barbara Mason:  
Brochures and signup sheets are on the back table. 

Dr. Richard Welch: 
I’ve gone before the advisory board and said that Sunshine Acres is going to shine, so don’t let me down.  I told Sunland that Sunshine Acres are the walkers of the walkers.  My wife’s going to drag me out more often and I hope that everyone who can do goes ahead and does it.  I think we can all have a lot of fun out of it and hopefully compete with Sunland.  I think we can beat the socks off of them.  Then we can end up going to the country club for our potluck.  My number and others are in the brochure.  Any questions, comments or suggestions, please give us a call.  Let us know if you think something is not working in the project.  Because we hope to get the whole peninsula walking down the road.  

Dave Taney:  Next thing on the agenda is the minutes of the July 20, 2005 Annual Meeting, and there aren’t any.  We needed a quorum of 38 people.  We didn’t reach a quorum.  So we just had a discussion and we recorded it and put it on the web but I didn’t bother to bring it here today.  Next we currently do not have a secretary for the SAPOA Board of directors.  We will talk about that later in more detail in the agenda.  Kathleen DeStefano resigned her position effective January the 6th.  She just had knee surgery on the 5th and is laid up for awhile until it heals.

Irma Martin, Treasurer:  Irma read the Treasurers Report, a full accounting of which can be found on the web site.  She ended with the amounts spent and remaining for the year and then asked for questions.

Cecilia:  On the Bayview excavation and so forth are you considering the work that they did as in addition to what the engineer from Clark Land Okayed or how are you looking at that? 

Dave Taney:  It’s work that needed to be done.

Audience couldn’t hear and requested the question be repeated on microphone.

Cecelia:  I just want to know if the Bayview part of this here is in addition to the engineer Okayed project that our contractor completed.

Dave Taney:  The answer to that is found on the next page and Everett will cover that in detail.  The best answer I can give you is that at the board meeting of Nov 7th 2005 that was all discussed in very much detail and approved by the board of directors for the expenditures.  Some of it is new work.  The part that relates to the parking lot is all new.  Some of the road work is related to the parking lot work and some is related to finish up from the previous contractor.  So it is a mixture of both.  

Cecilia:  In that case back when we had the vote for 4 items on the ballot.  The meeting that we had, that we had a quorum, that we Okayed the 4 items/3 items-$11,000 for the rock wall, $4,000 for the surface on the road and $3,000 for miscellaneous items we Okayed those items in a general meeting, but the board decided that because of the amount of money we had to have a ballot vote, so why don’t/didn’t we have to have a vote for these items.   

Dave Taney:  I will address that later on as we get through this.  Just kind of set that aside and we’ll keep it on the table.   

Everett:  Hold that thought. 

Cecilia:  OK

Dave Taney:  Just to finish up, the next page that I was referring to gives you the Mussel Beach road detail it goes clear back through 2000.  So it kind of gives you an idea of what we spent and where planning costs of $24,300 went to Clark Land.  That includes everything that even is associated with Clark Land.  The step one construction is Olympic Excavation that is the dollars that has been paid thru today.  Step 2, the construction is primarily associated with the parking lot and some on the road.  And it is $14,685 and you can see where the income is at.  Total project income is $210,000 and you can see how it breaks out.  We have about $61,000 to come in yet. 

Cecilia:  That reminded me. I just want to know about $14,000 that we paid to Clark Land that had to do with surveys that were done, a hydrological report we have seen somewhere and the preliminary design and the presentation that Colette did that was before Neil’s and my time.   We came in March of 2003.  In 2000 we paid for surveys, which do you have? 

Dave Taney:  Yes.

Cecilia:  You do?

Dave Taney:  Yes.

Cecilia:  Because I think when the contractor was down there working that he was not privy to those.

  Dave Taney:  The survey if I understand correctly that you are referring to is part of the whole $24,300 Clark Land project.  It started out back in 2000 as a survey engineering design program.  The initial first estimate of those costs was $14,600 and some odd…I think it is $16,647.46 something like that.   That was to get the project rolling.  And then came the design the blue prints, the plans and everything all on top of that.  So from 2000-2004, in that period of time, that 4 year span, it went from $14,000 to $24,674 something roughly $24,300 is what I have here.  So it’s a gradual process over a 3 or 4 year period of time, costs went up, estimates went up, and approvals went along with it.   

Irma:  
It started before we were on the board. 

Dave Taney:  Yes.  Some of those costs were started before any of us were even on the board. 

Irma:  Ten thousand was paid before we started.  It was back in 2000.

Cecilia:  Can I just ask another question? 

Dave Taney:  Yes.   

Cecilia:  I’m sorry to be such a pest but I have questions. Can I quickly ask you if the $5,000 that you Okayed at the November 7th meeting that wasn’t on the minutes?  Is that in your report?  Can you show me where it is?   

Irma:  What report are you talking about? 

Cecilia:  Your treasurers report. 

Irma:  Yes its right here.  All the expenditures are there.

Cecilia:  OK, you Okayed $5,000 but I don’t see that there.Irma:  Fifteen. 

Dave Taney:  We Okayed $15,000 dollars. 

Everett:  Total of Fifteen. 

Cecilia:  Oh!  OK Fifteen thousand. 

Dave Taney: OK on the treasurers report do we have a motion to accept the treasurer’s report? 

Lew Morello:  I’ll make said motion to accept the treasurer’s report.

Dave Taney:  OK. We have a motion to accept the treasurer’s report as presented.   Do I have a second?

  Peter Haglin:  I second the motion. 

Dorothy Barth:  Is there anywhere in the minutes or the records where we can find where the money spent was discussed by and approved by the membership.  I tried to find that and I could not.  Where a lot of money was spent down on the beach road.  How come and when and why weren’t they discussed and given a vote.  

Dave Taney:  What funds are you referring to?

Dorothy:  I’m referring to most of what’s been happening on the beach road.  I have property that comes right down there to the high water mark.    

Dave Taney:  You could be referring to as much as $130,000 

Dorothy:  I want to know if you have records that I could read to find out how much has been spent, when it was discussed and how much was approved.  I’d be very happy.

Dave Taney:  You’d have to refer back to each and every minutes of each meeting going back to 2000.

Dorothy:  Where are they available?

Dave Taney:  Through anyone from the SAPOA board.

Dorothy:  Do you have them?  I would like to have them. 

Dave Taney:  Sure.  I don’t have them with me. 

Dorothy:  May I have them?  

Dave Taney:  Sure.  There are some 70 or 80 pages.

Dorothy:  That does not deter me as much as the money we are spending and not being sure that most of us know anything about. 

Dave Taney:  OK.  Anyone else? (No response)  Then those in favor of accepting the treasurer’s report say aye.    Those opposed say no.  I won’t bother to count because approval looks unanimous. 

Everett:  I’m going to try to bring you up to speed with what’s been happening on the beach road.  Starting with June the 10th last year.  On June 10, 2005, Sam Mrakovich came in and told the board at a board meeting that he had tried to get a hold of Mr. Booren at Olympic Excavation 10 times by phone, 2 times by email with no response and he thought the Board should be involved.  At that time the Board dissolved the Beach Road Committee as it stood then and reappointed an advisory committee.  I ended up being the chairman of this advisory committee.  At that time, we sent a certified letter to Mr. Booren with our punch list to please respond or have the work done by August 15th.  He did not accept our certified letter, another letter was sent by regular mail.  So the contractor was totally unresponsive to our punch list items that was approved by the previous beach road committee and included in Hanna’s report on the beach road inspection.  Some people have said that Hanna was the approving factor for the beach road completion.  He was not.  He was an advisor to the committee.  As a matter of fact, when I asked him, he said he would make no statements concerning the contract or the blueprints.  We have a contract with Mr. Booren that said he would complete the road except for final paving and it would be done to SAPOA’s satisfaction.  That’s the contract.  Written,  Signed.  All this other is gobbledy gook.  We had 9 items on the punch list to be done.  In late August, this advisory group met to develop a plan to complete the work since Mr. Booren and Olympic Excavation decided not to finish their job.  In the September 20th board meeting, we submitted the plan to the board to finish the work on the road and also do some parking lot work that we wanted done down there to try to get it close to the approved plan.  That was about $18,000.00.  There wasn’t that much money available at the time.  The Board approved $10,000.00 to get started on the road and to get the permit system going, etc. for the parking lot.  On October 3rd, I applied for a permit; it’s actually called a Certificate of Compliance for a Shoreline Exemption.  That cost us $150.00 and it came back, they wouldn’t approve hardly any of the work, no work within 150 feet of the beach except the clearing of the ditches and we had spoils and stuff that had to be gotten out of it.  I went back and talked to the County and they re-looked it over and decided that yes, in fact, we could go down and do some work to within the beach wall, but we couldn’t reinforce the beach wall, which is one of the things we wanted to do, and we could not build up the parking lot so we had good drainage in accordance with the plan.  They limited us to cleaning the ditches, removing the spoils and applying a maximum of 100 yards of gravel to the parking area, the turn-around area.  That was actually approved on October 31st; I got that approved permit back.  On the 21st, we rented a skid loader and we removed the ground drain rot that was applied to the road surface.  That was one of the items on the Engineer’s report that said didn’t need to done - if it was paved it would not affect the paving is the way he put it.  Well, you couldn’t even walk down that road without falling, with all of the round rock on top of the road.  It had to come off.  There’s a picture of it over here somewhere of a pile of it.  It was probably about 5 to 7 yards that we took off of there that was, in my opinion, maliciously thrown there.  It was thrown on the steepest parts of the road and at the start at the bottom where you would accelerate to come up the hill, it would start you spinning and you would just tear the road up.  You couldn’t even walk on it in the steep spots without being really, really careful.  So that was punch list item number 3.  On October 25th, we got 3 yards of concrete and rebuilt the concrete approaches to the culverts on the upper end and shored in the negative slope for the rock wall and the culvert.  There are some pictures over there that will probably show you that too.  That’s punch list items 1 and 2.  During this time, we were talking to several contractors about supplying men and equipment to work at our direction.  We had had it with contracts to do something that did not get done.  We talked to 5 or 6 different contractors.  Bayview Excavating is the one we selected.  By the time we got scheduled into his time frame, it was October 28.  On November 28, we started work.  That’s when we could fit into their schedule.  On November 7, we presented a revised plan for the Board, changing what we could do on the parking lot from what we wanted to do and what the plan really called to do to what we could do.  At that time the total estimated cost was in the high $14,000’s.  They approved another $5,000.00 at that time making it a total of $15,000 approved to get the road done.  And the parking lot.  On November 22nd, I had been out at this time trying to find out who we could get the material from, the cheapest and easiest, and I was really getting discouraged because $18.00, $18.75 per yard delivered was about the cheapest I could find.  One of the people we talked to about the men and material was C&J Excavating.  Stan called me about that time and said, we’re going to be doing some excavating over in your area and we have some dirt that we can get you for $50.00 a load or $5.00 a yard.  Kind of an answer.  So we got 12 loads, 10 down at the curve here that you can see in the picture here, and 2 at the top to fill in between the culvert and the banks that over time had just kept settling.  The water could not run into the culverts.  It was running down and causing erosion in the CDF, which is the only thing in this modified plan that we did that is holding that culvert down is that CDF.  Originally there was supposed to be rods driven into the dirt to hold this down and then concrete put around it.  The modified plan just calls for the CDF, a bolt hanging down about 8 to 10 inches with a big washer on the end of it.  That’s what that was for.  On November 28, the contractor came on site and they started cleaning ditches and getting the parking lot squared away and we piled some dirt over in the corner, and the next day he came in with a back hoe loader and we started moving the spoils up to help fill in, in addition to the 120 yards, that area between the culverts and the bank.  We don’t have it draining exactly the way this plan called for, but we have it either draining into the culverts or away from the culverts so it’s not going to be washing the culvert out.  We’re talking about some costs though for this money which is new money which is owed me.  Our thing is we’re holding back $8,800 and something of the contractor’s money; we have an agreement with him in the contract to hold that back for one year unless he gives us a special bond that guarantees any repairs for one year, we would pay it back in 90 days.  We have received no bond and he hasn’t yet finished the work that we told him in our letter if he didn’t finish the work we would hold back funds to finish it, and that’s what we’re doing.  Actually we’re spending about $10,038.00 on the road and these punch list items and I would think, I would say that 8 - $900.00 of that is probably in excess of what was in the punch list, so we’re about $9,000 - $9,100.00, a cost that should go back to the contractor.  We spent about 40 something hundred on, we spend $4,645.77 on the parking lot.  That’s getting the ditches cleaned, getting some spoils removed that had rotted down, putting sprawls where we cleaned the ditches, getting sprawls put down as required by our permit.  Anyway, all the punch list items are done except for number 8.  Number 8 is tightening the bolts that hold the culvert down into the CDF.  In the punch list item, it said when you tighten these be very, very careful because if something happens you’re going to crush the CDF and you’re not going to have anything holding it.  So as of now, we haven’t tightened anything because that CDF is so fragile.  When things dry out this summer and it really gets dry, maybe we’ll go down and try to do some tightening.  We’ve found several places now where the CDF is virtually gone.  When we cleaned the two stilling ponds at the bottom of the culvert, most of what we dug out of there was either spoils or CDF.  The next thing we’ve got was on December 16th we applied about 40 pounds of seed and 21 bales of straw, we have about 4 bales left to do some corrective work if we need due to any raw soil that we brought up that was disturbed, that wasn’t covered by gravel or spalls that need to be covered by seed and straw.  To recap, we used about 120 yards of soil, 250 yards of inch and a half crushed rock, 150 yards on the road, 100 yards on the parking lot, there was 75 yards of spalls, 25 yards of that was on the road and 50 yards was in the ditches to line them in accordance with the plan, with this plan and our permit.  These spalls are to act as sediment traps, that’s the whole purpose.  Those little pond things at the bottom of the culvert are called stilling ponds.  The purpose of them is to take the water that’s pouring down that culvert when it gets to flowing pretty good and slow it down so that the water can then go on down in the ditch without causing erosion and let the sediment trap down there.  We used 3 yards of concrete, 25 bales of straw and 50 pounds of seed and there’s something over 100 hours of volunteer work in there.  We did get a lot of folks coming down and giving us advice but not anyone who was volunteering to help.  Some advice was taken, someone said thank you and they went on their way.  We still need about 25 yards of inch and a half crushed right up at the top of the culvert to get that up to the level of the culvert on the side.  The sides in that area have shrunk probably 4 inches since we walked it with the engineer etc. to do our final walk down.

Someone from the audience:  asked, “Why is that?” 

Everett:  Because the road, the Contractor put all the stuff in here and he compacted nothing.  Even if he did…  I can’t say he compacted nothing, that’s wrong.  When he first started on the road, he put about an inch, inch and a half of 5/8’s minus down the road.  Well he took some of the landscape cloth that we bought to line the French drains to put underneath the culvert.  He put that down the road and then he put about an inch and a half of 5/8’s minus down and he rolled that and packed it.  The plan calls for him to fill those cracks and stuff with CDF.  He chose 5/8’s minus gravel.  That’s the only compaction done on site by Olympic Excavation, period.  The CDF in the ditches would probably had worked fine if you put it in as a slurry, as the board was told he was going to do, he didn’t try that.  What he did was put it in the hole dry with very little packing. 

Someone from the audience:  asked, “What is CDF?”

Everett:  CDF is control density fill.  This stuff was dumped out of the concrete truck onto the road and then picked up by his backhoe and dumped into the cracks alongside of the CDF.  Some places he did a very good job, some places he did a poor job.  The two culverts weren’t put in at the same elevation, one side to the other, so you can get one side at the proper crown and the other side will be way off.  Another thing that will brought up, I’m sure, was that during this time when he redid the stilling basin of the west ditch.  We took it apart and redid it because about 1/3 of the ditch on the bank side between the culvert and the bank had nothing to protect it.  The other side was jammed in so tight that the water couldn’t run through it.  The plan said there was supposed to be 4 to 5 inches of crack between the rocks but the rocks were a little bit tighter than that.  That means now it can drain and not just fill up.  We rearranged those rocks so that we could get a total coverage as best we could of the area and there are pictures over there.  We had an inspection by the County of the Certificate performance that was performed on the 11th.  A County inspector came out and inspected everything that we did on the whole road, the parking lot, paid particular attention to that stilling basin.  That was January.  There was no permit required for the road, so there would be no inspection required.  The only inspection required was of the Certificate of Compliance that we got to work within the shoreline area, the first 200 feet.  The county, she came and did that inspection the other day, she looked at the filling basins and one of the handouts, there’s not very many of them, says that everything is working satisfactorily and as designed.

Dave Taney:  To answer your question about the multiple inspections, the County has made at least two other on-site visits but they were not formal inspections because there was no permit required.  So the County has visited 3 times.

Marti Tipton:  The comment was made at some point he did a good job, at others he didn’t do a good job.  Who’s making that decision?  Was that the road inspector?

Everett:  No, that was within the beach road committee’s responsibility to keep up with things. 

Marti Tipton:  And they are certified road inspectors?

Everett:  No.  No, we’re not certified road inspectors.

Richard Tipton:  I think the inspection you’re talking about is just a compliance of the permit thing. 

Everett:  Right.  This inspection is just in compliance of the permit of this certificate, not the road itself.  Originally, our intention was to have a contractor come and do this, Clark Land would have been involved.  They would have done the inspection for us.  Since we did not do this project in accordance with Clark Land’s authorization, they backed out.  You may remember a meeting right here where it was decided to do this without paving it at the same time.  We’re just hanging out there.  One of the things that this advisory group wanted to do was to protect our investment.  We’re doing the best we can.  Once the road is paved, we have a better chance of keeping that culvert in the ground than we do now.  The road is in better shape now than it’s been in years.  We still don’t have the crown that we need, we need more gravel to do that and we need it paved as soon as it’s dry.  But we don’t have the money; we probably won’t have the money until next year unless we’re willing to go into debt to do it. 

Cecilia:  Do you have the inspection certificate/memo? 

Everett:  I have the memo.  This certificate of compliance and the memo will be put on the web.  I’ve gotten a lot of emails, I’ve gotten letters.  The Board gotten letters, you people have gotten letters dealing with this project.  I can tell you categorically that 90% of that is, I don’t know what, but it is not based on any facts, it’s not based on any knowledge of what the system is supposed to do. 

Nancy Drake:  I would like to know scientific explanation of the environmental impact of moving the slash rocks.  We have bought and paid for them, they were installed, clean water coming out.  Since you have moved those and destroyed the effect of the slash rock, we have muddy water coming out. 

Everett:  We do not have muddy water coming out.  We had a flow of about 3 inches deep coming down that culvert the other day when the inspector was there, totally clean water.

Nancy Drake:  I have photographed that.

Everett:  You have a photograph that shows a stain in the bottom of the ditch that was there for moments. 

Nancy Drake:  I walk this road daily.  Every photo I have taken over the two months time has silt in it.  And you wonder why the State is interested because they see the silt in the water.  There are 40 photos at a time that go to the State.  I did not invite them in.  They were invited in by the contractor who felt that their work was going to be impugned by your work which was not approved by the engineer’s report. 

Everett:  You can look at pictures, and you can go down there now.  Remember the function of the different parts of the system.  The culvert is supposed to take the water down without picking up sediment.  The stilling basins are supposed to slow the water down, not collect sediment.  That is not their purpose.  They cannot work if they do that.  The spalls in the ditches are to collect the sediment.  They are doing magnificently.  You go to the beach and it’s absolutely clear of water coming out.  You can go down and look any time it rains.  I’ve been down there several times, I’ve been down when it’s pouring down.  We have about 3 inches coming down the west ditch and about 5-6 inches going down the east culvert.  The other day when the inspector came, she saw no silt going into the ocean.  Zero.  You’ve got to know what the systems do.  You’ve got to know what the different parts do and understand how this thing works. 

Cecelia:  My question is, according to this plan, the Energy dissipation basins at the bottom of the half round pipe on both sides of the road, punch item, were to be of sufficient size and the boulders had been placed such that the basins would function as intended.  So why did you change them?  Whose plan is this? 

Everett:  The plan is this plan.  That we redid the boulder plan, we redid them because the Beach Road advisory group. 

Dave Taney:  I’m going to redirect this conversation.  I’m going to skip an item, the next one on the agenda, and skip down to the next one below that.  Rusk, how many people are here today?  How many homeowners are represented? 

Rusk Sahnow:  58

Dave Taney:  58?  So let’s say for the sake of discussion there’s 60 property owners in this room out of 404.  So that’s a small percentage.  That isn’t anywhere near half.  It’s a quorum, yes.  It’s a quorum for this meeting. 

Nancy Drake:  The by-laws say… 

Audience:  “Let him speak.” 

Dave Taney:  Nancy would you be quiet a minute and not interrupt and let me finish what I’m saying and I won’t interrupt you?  What I’m getting at is this plan, when we talk about “the plan”.  I was involved personally when ‘the plan’ was put together before a lot of you were ever involved in it. 

Dorothy Barth:  That’s right, that’s what’s wrong with.   

Audience:  Let him speak. 

Dorothy Barth:  The by-laws…
 

Dave Taney:  Take your turn, Dorothy and I won’t interrupt you.  This plan was put together by Clark Land over a 4 year period of time.  The plan that was originally drawn up was revised many, many times between 2000 and 2004.  When we started looking for contractors in July 2004, it was revised a few more times, a few more changes made to it.  That plan carried us through until let’s say August 2005.  Beyond that, any changes that have been made, any plans that have been drawn, any work that’s been done, has been the result of this Board of Directors and the Beach Road representatives, which is Everett, myself, Barry on the right, Mike on the right, H.L., I don’t know where he went, and Larry Meyer.  This plan is not a static piece of document from 2000 until infinity, never changes.  It’s constantly changing.  We’re doing things different from originally anticipated as we go through just plain old experience.  We find what works and don’t work.  The other thing is that, with 404 members, if we have to send a ballot out for every time we change a plan or every time the Board authorizes expenditure, we’re going to generate a lot of cost and a lot of delays in getting the project done.  I think it’s time for this body, meaning all the members and the people here, to make up their minds once and for all whether a few individuals are going to question every decision and change and put us through the wringer every time that happens or the Board of Directors is going to take this project to completion with the best interests of the property owners in mind.  There’s 2 choices there.  Either get rid of the Board and figure out who’s going to take it from there or let us do our job.  Nancy, now you can talk. 

Nancy Drake:  Thank you.  You take a lot of credit here, and you deserve credit.  But you do not give credit to someone who has been in this community and done the work here on this beach road and defended it from the beginning, and that is Sam Mrakovich.  Sam isn’t here today because he’s in Seattle being treated for cancer and trying to survive.  Sam gave direction and saved this community a lot of money.  He revived the program from what it had dissolved into.  He kept it on track.  He was the one who signed off with the County and he brought it back on track in July.  He and Larry Werner got the bids without costing us a cent.  This Board left everything to Clark Land to put money after money after dollar.  They’ve charged us for every bid that didn’t evolve. Didn’t amount to anything.  So we have 10 members of this community that rescued this project and got it back on track and saved us money, and they are property owners just like yourselves, and you all need to pat yourselves on the back for coming up to the bucks and our getting this far.  Thank you.   

(Applause) 

Dave Taney:  I wouldn’t argue what Sam has contributed.  I worked with Sam for 4½ years on that committee, so I sat through every meeting with him.  Let’s move go on to the next item and that is legal expenses.  One of the issues that’s been brought up is a lawsuit that has been filed between the original contractor, Olympic Excavation, and the SAPOA community.  There has, indeed, been and no denying, that there’s been a lawsuit filed by Olympic Excavation against SAPOA.  It is public record; you have a copy of it in your handout, so it’s right there for you to read.  Our attorney’s response is there for you to read.  Since this is a legal issue involving litigation between two law firms, we are not free to discuss it beyond what you see in your packet.  All of the details are there that have been filed with the circuit court, both from the plaintiff and us as defendants.  There’s been a lot of discussion about what legal costs are going to be involved in this and there’s been a lot of discussion about whether the Board should be held individually liable for those costs.  The only thing I can tell you is, above and beyond what you can read here, that is based on a presumption that SAPOA will lose this lawsuit.  We have no intentions of losing. 

Richard Tipton:  I have a question.  Why can’t we discuss it?  We are the Homeowners Association.  We’re named in the lawsuit.  We should be able to discuss anything we want about it.

Dave Taney:  I can only refer you back to what our attorney has told us.

Richard Tipton:  Your attorneys are wrong then.  I’m a member of this Association.  We’re named as an Association, not as the Board.  As the Association, we have the right to discuss anything we want about it.

Dave Taney:  Let me rephrase it then.  It will be a one-sided discussion.  You’re free to discuss it amongst yourselves as much as you want.  Yes.  But the details about what our attorney is researching and doing is confidential at this point.

Richard Tipton:  Yeah, the attorney works for us.   

Dave Taney:  He works for the Board of Directors as your representative.   

Richard Tipton:  He doesn’t work for the whole association.  He’s better.  The Board plays him so he works for us.

Dave Taney:  I’m sure I’m not going to answer all of your questions to anybody’s satisfaction.

Richard Tipton:  Is his fees are coming out of the general membership fund?  Right?  He works for us, not for you.

Dave Taney:  First of all he is not going to discuss this case in an open session where individuals are actually, let me put it this way, this is not a completely friendly crowd. 

Richard Tipton:  Your letter yesterday that came in my mail said that you’re on a fight with council.  You say you cannot share that with the membership. 

Dave Taney:  That’s correct.

Richard Tipton:  It wasn’t on the website.

Cecelia:  You put other stuff on the website that shouldn’t even be there.

Dave Taney:  Let me put it this way, since that is one of the subjects that is on the agenda, what goes on the website.  My wife does the website, so what goes on the website is basically what I tell her to put on it or leave off of it.  Now, if anybody else wants to take that over, we’ll be happy to get rid of it.  And that leads me on to the next one, the Board of Directors elections. 

Richard Tipton:  Dave, I’d like to hear Mr. Stauffer, he has a comment. 

Everett
:  What do you want to discuss about this lawsuit?

Richard Tipton:  Why is it being withheld from us?  The fact that it was withheld to begin with and then you’re not willing to discuss what’s going on with it.

Everett:  This Board was elected by the total membership to represent you guys as best we can.  To do that, we have certain responsibilities under the bylaws and one of those is to protect your interests.  Doing that, we have gotten threatening letters, we’ve gotten letters, you guys have seen them, they’re on the web, they’re here and there, all kinds of false statements.  We go and get legal council on how to deal with these things and we take that legal council.  If taking expert legal council that tells us not to discuss it because of whatever reason, I think it’s prudent that we do that.  It’s not prudent to go against your lawyer.  And people who try to represent themselves usually get in trouble.  So, I’ll ask again, is there anything that’s specific that you have a question?  If you do, I will try to answer it.  If I can’t, I won’t.  I don’t want to just flat out say anything.  But we’re very, very, very limited by our attorney, which we’re paying good money for…its good money that we don’t think needs to be spent at this time.  It is not ready to go to trial yet, there’s a whole bunch of things that’s going on.  Let the lawyers deal with it until there’s something that we have to make a decision on and then you certainly will be told and then we’ll make a decision.  But as you have seen from items on the web and with things being said and with things that happened, we have to be very careful.

Catherine Woodall:  Can I just make one comment?  I’m Catherine Woodall, a licensed insurance agent from the state of Washington, and I know that what you say is true about the law firm is working for us as members of SAPOA, as represented by the directors.  But anything that is, because it is somewhat of a hostile group, some people don’t have the same impressions, that if it is discussed, the Board of Directors could be, if they make certain comments, prejudicing their case, or our case.

Everett:  Thank you.  You said that better than I could.

(Applause)

Everett:  Is there any other questions?

Someone from audience:  I didn’t get any of the handouts describing this lawsuit.  Where can I get that information?

Everett:  It will be on the web here probably by Monday.

Irv Mortenson:  First of all, I’d like to say it doesn’t make much sense to pay for an attorney and then not follow their advice.  Secondly, I would ask the question.  Was the possibility the reason why we were not informed of the lawsuit was that there was concern that the knowledge of the lawsuit might anger more people, not only against the road but against the Board as well?

Everett:  No sir.  No sir.  I don’t think that, it didn’t enter my thinking at all, I can tell you that.  All we were trying to do.  With the web, we’ve been more informed than we’ve ever been since this organization’s been going.  This Board has been more open and honest than anyone that I know.  We talk to anybody at any time and there’s a few people will tell you that after we discuss, we hope gentlemen can agree to disagree.  That’s different than what you’re seeing.  But if you’re worried about legal expenses, all this nipping and letters and filings, untrue filings, with the State and these letters that we’ve had to go in and get legal counsel on is costing you good money.  So if people with their own personal agendas would knock it off and take all of the homeowners collectively together to heart, we can cut a lot of expenses.

(Applause)

Peter Haglin:  My name is Peter Haglin.  I just want the record to reflect that our response from our attorneys, dated the 12th of January, today is the 14th of January, to me that is perfectly adequate notification of what our position is and I appreciate the Board meeting.

(Applause)

H. L Font:  I want to make a statement, and it’s always just a statement.  I came in here with my mind made up and the Board keeps trying to confuse me with the facts.  (Laughter and applause)

Dave Taney:  Again, let me get back to on the forum whatever it said on the website.  There’s been a lot of criticism of how fast stuff gets on the website and what gets on the website.  Going back 2 years, when we had one of these meetings, a meeting as we’re having today, the next time that anybody saw those minutes or a recap of the meeting was the following January, or July, maybe 5-6 months later.  Now maybe it’s 5 or 6 days.  And it’s almost there word for word.  There’s a lot of pictures, there’s over 200 pictures that would be on the website of this beach road project.  There’s some stuff that isn’t on there for various reasons.  Either I told my wife don’t bother with it or sometimes we give information in a variety of formats and I’m not an expert on that, Vicki is, but we get some things in email word programs and some in excel spreadsheets and some in scanned documents and put that all on the website, sometimes it’s more than just a little bit of work.  But, what bugs us more than anything else, my wife and I anyway, is the fact that when something seems to be missing, instead of just picking up the phone and saying Dave, Vicki, can I get this on the website or did you overlook this, and we can say yeah, yeah, no problem, I’ll put it on the website as quick as I can.  Instead of that, we get accused of hiding things, playing favorites or whatever the case might be which generally not the case is.  When I say generally not the case is because the one thing I categorically refuse to put on there is some of the material that you see occasionally that’s just derogatory opinions and things of that nature that I don’t want to turn that website into a rants and raves column like you see in the PDN.  I don’t believe that’s what it’s for.  When we have a board meeting, I would say that the average board meeting is 8 or 10 property owners on the average or less that show up for a board meeting.  Those board meeting minutes are on the web usually within a few days; when in the past you never even see them.  If you didn’t go to board meetings, it wasn’t even published or sent out.  So basically, just give us a call.  We’re not trying to hide anything and if I don’t want to put it on the web, I’ll tell you and give you the reason why.  Yes, Nancy, go ahead.

Nancy Drake:  I’d like to know your reason why the Engineer report is we paid $600 for and you are saying it’s only an advisory.  As far as I’m concerned, this is our whole standard of quality of the beach road.  It should be on the website.  If all of you don’t have it, you deserve it because you are property owners.

Dave Taney:  We’ll be happy to put it on the website as soon as it’s possible.  Yes, Cecelia.

Cecelia:  One more thing is the fact that the treasurer’s report is not up to date on the website.

Dave Taney:  The treasurer’s report wasn’t put on the web.  That’s real easy to do.  We’re doing our best to keep 404 people apprised of what’s going on.  Remember out of 404, only about 250 of those people even live here and 150 of them are scattered all over the United States, so they never attend any of these meetings.  Cecelia asked me the other day what was needed for nominations of the elections and that’s not a part of this meeting but we’re having a July meeting.  All of the membership is going to need some candidates for board members.  I and Irma, our Treasurer can no longer serve beyond August 31st, as we will have 6 years, 2 terms, and that’s all the By-Laws permit. That’s enough for anybody.  And beyond that, Kathleen has already resigned as the Secretary so we’re short one person the board right now.  Sarah and Barry have yet to make up their mind about whether they will run, and I don’t know why anybody would.  And Lew and Everett have one more year to go on their first 3 year terms, second 3 year terms.  So there will need to come from the homeowners a minimum of 3, and probably 5, and a maximum of 7 property owners that want to serve on this Board of Directors.  And I’ve been a property owner since 1992 and other than the lawsuits back in the mid 90’s and the storm of ’96 and ’97, I can’t think of an awfuller 18 month period of time than July of 2004 until now.  And I’ve probably written my letter of resignation a half a dozen times, thrown it in the trash and said we’ll fight on.  We’re hanging in there but we are limited as how long we can hang in there.  Somebody’s going to have to step up and do it.  So, think it over. 

Everett:  If somebody wants to volunteer to be secretary now, as a board member or as a member at large, we could certainly use them. 

Someone from the audience:  Why don’t you explain what the consequences are if we don’t have somebody step up?

Dave Taney:  The consequences are that you just stop doing business.  SAPOA never goes away.  The Homeowners Association stays here forever.  But once you drop below 4 members, your ability to do business stops.  You can pay a few bills is my understanding, but that’s about it.  You can’t change anything, do anything, you end up stuck in the mud.

Everett:  We have common property, so this Association cannot completely go away.  We own acres of common property.

Dave Taney:  The other thing, the Board of Directors have talked to several attorneys over the last few months and one comment we hear from all of them is that the By-Laws that we operate under are very poor.  Very poor.  The covenants are not much better.  This was a small group of people back in the 60’s, 70’s or 80’s.  There was not as big a problem.  But we’re fleshing out this development.  There’s very few vacant lots left, more and more homes built every year, the value of the homes are going up.  At some point in time it’s going to become a more serious problem.  Probably the best attorney we talked to and dealt with has said that based on what you have in the way of governing documents, you are going to become more and more involved in litigation over the upcoming years.  There’s just no avoiding it, because there’s too many loopholes, too many pitfalls.

Catherine Woodahl:  Can you put together committee of people?

Dave Taney:  Yes, that’s where I was heading.  That needs to be a concentrated effort also.  There needs to be a group put together from the homeowners that would be willing to look at those By-Laws, revise them, put them out for approval and follow through on it.  That’s not a 6 week or a 6 day project.  It might take a year or two.  That’s something else that needs to be done.  Les.

Les Sturh:  If I’m not mistaken, there are provisions for resolution of these types of associations by State law part of them as I understand can be donated to a State Charity. 

Everett:  What charity is going to take over the expenses that we are incurring? 

Les Sturh:  My problem in the past is with expenses, I think I have made myself rather clear on that in the past.

Everett:  The stilling basin.  Not going to go away.  It’s gonna be there and we got to maintain it.  If we don’t maintain that one, that’s gonna get real expensive.  Not just in maintenance but in what would happen if we were to overflow that and wash the banks down there out.

Dave Taney:  On the road issue.  The road has been top dressed, rolled, vibrated, and compacted.  It’s in good shape.  We’ve just been through 25-26 days of bad weather?  The road’s in good shape.  It’s doing its job.  The culverts are working, the road is draining, it’s not washing away, it’s not rutting.  We’ve driven up and down it with a 4X4 when we were working on it and it’s holding its own.  If we could guaranty that nobody would go out into the parking lot area right now, cause it’s a little soft.  I mean you can walk around in it and not get your feet muddy but you might not do it with a car.  Our concern is that we could open that road up right now.  But we’re concerned about doing it and getting somebody down there that is not prudent with a vehicle and start spinning their tires and digging some ruts and it ends up tearing up half of what we’ve done.  So our thought is to let it go until dry weather and then open it up.  Yes, Maria.

Maria Freed:  I’m just curious.  You said the road’s in good shape.  It sounded a little different from what we heard him say earlier about there’s sediment or there’s, what did you call it in the stilling pond? 

Everett:  CDF.  That’s been cleaned up.  The CDF is controlled density fill that’s put along the edges of this culvert to hold the culvert down.  You’ll see every 5 feet there’s a little piece of angle iron with a bolt sticking through it.  That goes down about this far and it’s got a washer about this big around the bottom.  The weight of the CDF is supposed to be holding it down.  It’s supposed to be concrete beneath it, supposed to be stakes actually driven into driven in at an angle...  But the road itself, now that we’ve put in another 150 yards, we need another 25 way up at the top minimum, up in this area here.  The road is drivable.  We had a rubber wheeled, back wheeled, vibrating compactor come in and run this whole road several times compacting it in.  And it’s looking pretty descent.  But we’ve had all this rain.  We have some pictures that were taken just the other day when we went down to do the inspection.  And it’s holding fine.  I drove the Suburban up and down it put the Suburban in 4 wheel drive and very careful not to spin my wheels and it’s holding fine.  In this kind of weather, one rut this wide and this deep is a gulley like this. And that’s what we’re looking at and that’s the way it’s going to be if you drive on it when it’s nasty weather, etc. until we can get it paved.  This project was never designed to be done without the paving being done at the same time.  That was the design by the original designing engineer who also did the hydraulic drawings.  Dave Hanna did not do the hydraulic drawings.

Larry Werner:  I have a question regarding Everett’s earlier assertion that Dave Hanna was only an advisor to the committee.  If I recall correctly, back at the annual meeting a year ago, the final vote that was taken by the membership which was virtually unanimous is not so.  He said that approvals of the beach road work would be done by the beach road committee in conjunction with David Hanna.  And as a result of that, he wrote a report which has never seen the light of day on the website.  The people here don’t have a clue what it says.  That’s truly unfortunate because the work that’s been done by Everett and his group really contradicts exactly what David Hanna said not to do.  And the result has been a lot of money spent that need not to have been spent in the process of doing that.  And the other thing that I think is important to talk about here is the statement made by Everett again about everybody having their own agenda, I sure he was inferring in part to me.  Because I have submitted to the Board at least 2 affidavits outlining things that are actually items of fact, not my opinion, not my suppositions.  These items of fact are documental.  And in your latest diatribe, Dave, you accuse me of unreasonable kinds of statements and Everett said categorically wrong.  Well, I’m sorry, every one of them is supportable by David Hanna’s report, by minutes of meetings all the way through.  So, there’s something going on here that doesn’t make a lot of sense.

Everett:  If you take David Hanna’s report and read paragraph 1, 5 and 7, what Larry just said is probably true.  If you read the whole report, then it does not become true.  If you take these affidavits of fact and look at them for what they really are, there are, half of them are statements of fact, the other is pure conjecture.  Those we turned over to the attorney and he’s taken care of them.  They’re taking care of them as they see fit.  Larry did accurately represent what happened in the meeting.  The Beach Road Committee in conjunction with David Hanna was to do the final inspection.  In his report, he states some items, he covers 8 punch list items.  One of the things he said was that the stilling basins were functioning as planned.  At the time he looked at them, they would.  After some water run through them and we started getting erosion on the back bank, they weren’t operating as functional.  And had to be rearranged, the west one.  And then when he said there was a limit disturbing places that had been, that had vegetation growing on it.  Well, to get the slopes the way we needed to protect this culvert, one of the punch list items was to frame the soil up to the level of the culvert, and our goal and our plan was either to drain it into the culvert or away from the culvert so that we could take care of it that way, this distorting of these areas became necessary.  And there is some excess work in there that should not be charged back to the contractor.  Like I said, there’s probably $8-900 worth of work there getting rid of spoils that he dumped in the 200 foot area that he was not supposed to encroach on.  So, it’s this way or that way, however you want to look at it.  You’ve seen pictures.  There’s 80 some pictures on the slideshow.  You can go walk it.  Anybody wants to walk it with me and I’ll explain what we did and why we did it and carry the plans with me and show you why we did it.  I’m more than happy to do that.

Jim Conquest:  I’m Jim Conquest.  I walked over there once in awhile.  I’ve talked to Everett.  I’ve talked to Dave.  Walking down the road now, it looked good.  What I’m disturbed about and I think a lot of people are is the extra money that was spent on it.  I just seen this Hanna report here, and Everett you’re talking about this crown.  I don’t want to get into that.  It also said that the dirt used to fill the slopes that the plans called for, it recommended that what was growing there we not disturb that.

Everett:  Anymore than necessary. 

Jim Conquest:  Anyway what was down there was growing, it was great vegetation, and it looked nice it looked original, it was quaint it was pretty.

Everett:  And it was also up to 4” below the level of the culvert.  

Jim Conquest:  As many times as I walked it I didn’t see anything like that:  Aside of that, I would have rather seen that money go towards paving when it was dried out again.  

Everett:  Well, Let’s just say there has been about $900 spent for what you are talking about.  And there has been $900 spent answering legal questions for people just raising flack. 

Jim Conquest:  You’re changing the subject.  Everett:  I understand that.  I am just saying there as been money wasted every which way. 

Nancy Drake:  Let him talk. 

Jim Conquest:  Another thing I want to address based on my experience is you talked about the settling basins. 

Everett:  stilling basins. 

Jim Conquest:  They’re intended to slow the flow of water.  You’re never going to slow the flow of any water without getting silt.  When you slow water, with the full intention of slowing it down there’s just going to be silt.

Everett:  The purpose of the basins is slow the flow of water so that the. 

Jim Conquest:  Excuse me I still have the floor.

Everett:  Excuse me.

Jim Conquest:  If there is anything in water when you slow it down it’s going to settle out.  Anyway, the road looks good.  The bottom line is, I think we wasted a lot money down there that the engineer said didn’t have to be done and your timing could not have been worse.  We did it a worse possible time of the year. I would like that money go for paving and then it’s a done deal. 

Everett:  I agree.  The timing could not have worse.  It even slowed them.  But the amount of money spent is pretty minimal in essence for what we needed to do to protect our investment.  We have $133,000 tied up in those two culverts, basically.  That what’s covered it, OK.   That’s what the money that we paid Olympic is tied up in those two culverts and if we don’t everything possible to protect those culverts we are in deep do-do

H. L. Font:  All right!

Nancy Drake:  But 2 feet of dirt, I’m talking about all of that vegetation

Everett:  I said if you put an inch or 10 inches, the vegetable had its problem.  We put that extra dirt on there because we had to get rid of spalls and crap that he dumped in the 200 foot area.

Barry Olson:  It also took 100 yards, Everett I and 2 operators estimated, to line the ditch and burrows in the parking area.  50 yards in the parking area that wasn’t supposed to be there.  There is a cost to back a double truck down there one truck at a time. He has to come down with double trailer he got to put inside his truck and back down again. You’re talking several hours at probably $75 per hour per truck so there was a cost to haul that out of there.  And stuff we took out of the ditch was a piece something that he could hardly put it in his back hoe.  We couldn’t haul that out.  So if you go down you’ll see a containment area down there.  As far as the vegetation, I challenge you to go a head and walk down there and. you’ll see the straw and there is grass seed under there.  You’ll see the areas we had to disturb and reseed and mulch.  The areas that the other contractor did are undisturbed.  Unfortunately we’ll have wait until spring to see the difference in his results compared to ours.  The statement about the vegetation being disturbed, we have more than done it.  Give it until spring. 

I just got the agenda.  I just want to say something.  I’m new to the board so it’s my first time setting up here in the hot seat.  I just want to say what I’m hearing really is either you have confidence in Everett and we as members too that represent you, whether it’s the legal thing or the road.  I speak for the members up here.  We’re willing to go out the door anytime.  That’s what we’re saying you’ve got to step up to the plate and let us represent you.

Marti Tipton:  I don’t mind you gentlemen and ladies representing us.  I would like you to do it very professionally and leave out comments about white sheets and pointed hats, leave out comments about us contacting you and causing make work tasks.  That’s what you’re there for, for us to contact you.  If you don’t like our letters that we send you, that’s all you have to say.  We have received a letter from so and so, it’s on the web.  Let us make our decision as to whether we like it or don’t.  We do not need your personal opinions.

Everett:  When letters come as threats, it’s different than a letter asking for information. 

Marti Tipton:  You just need to give us the information.  Let us make up our own minds.  We don’t need threats back.

Dave Taney:  We need a secretary would you like to volunteer.

Marti Tipton:   Not on your life!  I’ve done it for 30 years I’m not going to do it anymore.  I’m retired.  

Several board members in unison: So are we. 

Barry Olson:  So are they!  They’re all retired. 

Dave Taney: Let’s address that for a minute.  Dorothy, (did she leave) awhile ago, was asking for copies of minutes of the meetings and stuff like that.  Do you know how many times we’ve went through those minutes making copies and doing it over and over again.  I mean how many more people are we going to have asking us to go through records making 70 or 80 copies, digging back through tapes, digging back through memos and digging back through minutes of meetings.  It’s all there.  Why haven’t they read it?

Marti Tipton:  What’s that got to do with my comment about asking to be professional?

Dave Taney:  Well you’re asking us to be professional and we’re being as professional as we’re capable of being. 

Marti Tipton:  If they were put on the web, you could put the letters on the web so we could see.

Dave Taney:  We’re going to give that opportunity to somebody else because as I mentioned earlier, I’ve written a letter of resignation many times, tore it up,  thrown it away and said to hell with it I’m going to fight on.  Today, you’ve got the letter. 

Marti Tipton:  I’ve been a president of an organization like this.  All you have to do is very professional back and they’ll be professional with you.  Hopefully. 

Lew Morello:  I’d like to comment on this.  I’ve been a board member for too long.  And I came here with all good intentions.  I was asked to be on the board because I had some experience with storm water management.  And unfortunately the only application I’ve had is when I gather information and vote one way or the other.  From what I’ve seen everything that’s been done so far on this project, besides causing a lot of hate and discontent, has been done properly and the road is now walk able.  It’s now, in dry time, drivable, but we have to restrict access right now because…have you ever heard of wash board?  That’s what happens to gravel on steep slopes when you get a lot of traffic on it.  So until you get asphalt on it we want to restrict the cars going up and down.  OK?  But the credibility and the character of the board members, I think are impeccable.  None of us are here to get a BMW on your dues. (Audience laughter in background)   I think that we are doing the very best we can.  I must say that since I’ve been on the board, these two, Dave and Everett, have put literally thousands of hours of their own time into this project.  They’re retired.  They don’t have to do that.  They do it because they want the same thing you do.  They want the road done.  They want the same thing I want, I want to have a party down there 4th of July.  The agenda we have is to get the job done the best way possible for the least amount of dollars.  Law suits and all of this stuff costs money and I see the ones (lawsuits) that are in so far, really don’t have a leg to stand on.  I hope that you will support us and that we can get through this thing in one piece.   

Barry Olson:  As I see it we have two options along the road. We either complete the plan and pave it whenever the money’s available which could be two years from now or we do not pave it and take whatever money that is coming in which I guess is about $61,000 and just gravel it and grade it, gravel it and grade it from now on.  So that’s the two options I’ve come up with.  If anyone else can come up with something we would like to hear it.  I think there is maybe one or two others but that’s basically what it amounts to so like I asked a few minutes ago you can either support us and let us represent you and finish the job or get some petition or whatever you have to do-I’m not an authority on bylaws and get us out of here and get somebody else in here.  I don’t think there’s anybody that has more reason to get want to get off this board and off this committee than I have, I’ve taken abuse.  I didn’t come over here to do that. I retired from a job dealing with this.  I’m not getting rich on it.   

Neil Eckerson:  I don’t think the membership is here to inpune the board.  They’re selfless, they do a good job a lot of the time but there will be disagreements.  And they have to put up with some of our questions and possibly our criticisms from time to time.  They’re not kings. They’re elected. And yes we should support them when we feel they are right but if we feel they are wrong we have the right to questioned them.   

Larry Werner (addressing Dave Taney):  Dave, Everett made a comment that I have a question about.  He said some of my information in my affidavit was fact and some of it was pure conjecture.  My question here is interesting.  The affidavit if you bothered to read it says the facts contained in this affidavit will be considered true and accurate unless rebutted item by item, line by line by counter affidavit.  Why haven’t you done that if what I said was incorrect?  It has not been done.   

Dave:  Larry, I will answer that question as directly as I can.  I showed those letters that you’re referring to, to two different attorneys.  Both of them said, what the hell’s this guy after?  What’s his point?  And what’s he want?  This is ridiculous.  It’s nonsense. 

Lew Morello: That’s what I thought when I read it.     

Dave:  And I paid $800 bucks to find out that it was nonsense.

Werner:  Well you’re going to find a third affidavit that you’re going to have to deal with.

Dave:  And I’ll give you the same answer that I gave you on the first two. It’s nonsense. 

Werner:  Your choice

Dave:  Nobody can figure out what the hell you want, or what your point is.  What’s your objective?

Werner:  I just stated what the point is.  It’s either accurate or it’s not accurate.

  Dave:  What’s the objective, other than cost SAPOA money? 

Irv Mortenson:
What’s your point Larry, what are you trying to accomplish?  When do we get to pave the road?  What does all or any of the rest of this have to do with when we get to pave the road, Larry?  You’re delaying it.  (extended Applause)

Nancy Drake:  I don’t understand civil law.  The point is that you people were supposed to do your homework and not even pay a lawyer.  This is a legal business.  You wasted $800 doing something that all you had to do was say yes or no to. 

Dave:  Nancy, when I read a document that is that screwed up and confusing and talking about legal issues, I’m going to take it to an attorney and see what its worth.

Lew:  And you should (applause)

Dave:  Yes, (to g