SUNSHINE ACRES PROPERTY OWNERS ASSOCIATION
BOARD MEETING
SEPTEMBER 1, 2004

CALL TO ORDER:  The meeting was called to order by Dave Taney at 7:00 pm.  All of the Board members were present.  There were also 8 attendees in the audience.

RECOGNITION OF NEW BOARD MEMBERS:  Dave Taney introduced the new board Members, Everett Stauffer and Lew Morello, whose term expired August 31, 2004 and have been reelected to a second term.  At this time Kathleen asked if Pastor Na would be willing to help her with the minutes if she is not available.  She expects to be working by the end of September and will need help with the taking of the minutes.  Pastor Na said that he would be available to help.  Pastor Na nominated Dave Taney for President and it was seconded by Dan Abbott.  The nomination was passed unanimously.  Dan Abbott nominated Everett Stauffer for Vice President and it was seconded by Lew Morello.  The nomination was passed unanimously.  Everett Stauffer nominated Irma Martin for Treasurer and it was seconded by Kathleen DeStefano.  The nomination was passed unanimously.  Dan Abbott nominated Kathleen DeStefano for Secretary and it was seconded by Everett Stauffer.  The nomination was passed unanimously.
     
MINUTES:     Dave called for the Secretary to pass out the minutes from the August 9, 2004 Board Meeting.  The minutes were passed out.  There were 16 pages to the minutes, so they were not read.  Kathleen asked for any corrections or additions that needed to be made.  Irma Martin made a correction to the minutes.  Everett made a motion that the minutes be accepted as corrected and it was seconded by Lew.  The motion was passed unanimously as corrected.

TREASURER’S REPORT:  Irma read the treasurer’s report.  Lew moved that we accept the Treasurer’s report and it was seconded by Kathleen.  The motion carried unanimously.  Irma brought up that from now on we will be doing the books quarterly, so we may not be right up to date if there is a meeting after the quarter ends.  
 
OLD BUSINESS

    Mussel Beach DNR Lease:  Everett reported that we mailed the papers in, but another set had to be sent, as the first set were not to their liking.  Everett said that as far as he knows, until they sign those papers, our clock has not started.  
    
    Plat Architectural Rep.:  Everett reported that the ballots are out.  Kathleen said that so far we have 28 ballots returned.   There were 85 ballots sent out and we need 65% returned to be able to count them.  

Everett brought up that along the architectural lines, he has dealt with 2 different people in those plats.  They are both going to come out with a variance.  

NEW BUSINESS

MBR Ballots:  Dave reported that the ballots went to the firm yesterday and should go out at the latest tomorrow, maybe even today.  The ballots should be arriving to the home owners as early as Friday or as late as Saturday.  

MBR Contract:  Dave reported that we are looking to get a contract signed with the MBR Contract, which is Olympic Excavating.  Dave said that Sam Mrakovich gave him a signed copy of papers that were hand drawn up by the owner of Olympic Excavating.  Everett asked where the not to exceed is.  Larry Werner said it is on the first page and do we want it on the 2nd page too?  Everett pointed out that was for the material only; but the contract should read not to exceed on the labor also before the contract is signed.  Dave said that he would suggest that within the next 30 days as the ballots start coming in, to save time, we should sit down with Jan Tierney and draw up a formal contract that spells all the aforementioned things we talked about.  There are also some other issues that are not spelled out on these papers either.  Everett said that as soon as the MBR Committee had written up what was needed, that we should get together and look it over and talk about it, then get it up to Jan.  Dave said that the one thing he also looked at was on the 2nd page when they were talking about materials, what if it says not to exceed 500 yards of material and we actually need 700 yards.  Everett said that would be the contractor’s problem.  Dave pointed out that that needs to be made clear.  Everett said that he thinks it is very clear and that if he needs more than this that he picks that up.  Dave also made some suggestions to Sam, one of which is holding back 10% or 5% until after completion.  Sam asked if that was not a fixed number and Dave said no that needs to be negotiated.  Dave said that these are only my suggestions and that he was leaving it up to Sam and Everett to work it out with Jan.  Everett said these were fairly typical and a typical holdback is 5% or 10%, according to the amount of the job.  Sam asked of what the materials?  He was told no, of the total contract.  Everett suggested, just from dealing with people in contracts, I think we should be willing to pay for material as it shows up, but labor all of it at the end.  That’s very typical and they should be able to absorb that.  Sam said that should work for them, as it is only a month duration job.  Dave said, yes, as it is not being spread over 6 or 9 months.  Everett then said that payment should be 30 days from receipt of the invoice.  He also said that if material gets brought here and we are given an invoice, we should have 30 days to respond to that.  Larry Werner asked if the Board was making the MBRC responsible for making sure totals don’t exceed what the contract says item by item.  Is there any flex in that?  Everett said we are looking more at totals, not individual items.  He told Larry that between us we can work that out; that he saw no reason to be hard nose about a line item.  Dave said that his point is that we have 30 days to work out all of the details, so that when and if the ballot passes, you are not going to spend another week or 2 trying to get documentation.  Everett said that if we got this all blessed by Jan and we understand what we want, then supposing it is a yes, all we have to do is sign and the work can start.  Dave said that everything should be done except for Everett and Sam’s signatures; to sign the contract.  Dave said that the MBR committee needs to sit down and write up a document together, a memo, about  who’s going to be responsible for over site – quality control – what have you.  This needs to be spelled out so that we don’t have 8 or 9 different people trying to run the show.  Dave asked if there any more comments or questions.  Sam said he had some more information.  Sam said that we have a little fly in the ointment, but that it won’t affect this contract at all.  We have a situation of stabilizing that high bank area.  I attained a bid from Olympic.  We went through 2 iterations and I believe it is at its lowest point.  We will save money if they can fold that in and do it at the same time they are working down the road.  I have copies of that bid and it amounts to $14,100.  The question is how we work this in.  I think it should be added in – at which point Dave said that it can’t be added in, as the ballots have already gone out, and the ballot spells out the dollars and cents.  You can’t add it because it is already in the mail.  Sam – this is a maintenance effort.  Dave – where are you going to get the money?  Everett – even a maintenance item that large has to go out for a vote, by the By-Laws.  Dave – even forgetting all the paperwork, where do you get the funds Sam?  Sam – pardon?  Dave -where do you get the money?  Even if everybody pays their dues by the end of November, the best that you will come out with is $130,000.  Irma - $125,000 Dave – if every deadbeat paid their dues and you got all the dues for 2004-2005 paid, you would have somewhere between $125,000 and $130,000, there’s just not enough money.  If the second part of the ballot is approved, there will be money in the pipeline, with advanced dues payments, rework the contract, shave off some of the Everett – We can not stand $14,000 without the people telling us we can.  Sam – the road has been repaired in the past, several thousand dollars were spent on adding rock to the ditches and all with the MBRC recommendations and the Board approval, that’s a necessary maintenance item.  Everett – I don’t have my By-Laws here, but there is a place in the By-Laws that tells you that if it exceeds a certain amount you have to go for a vote, if it is not a budgeted item.  Sam – it doesn’t say anything like that; (can’t understand the words that Sam is saying as his voice gets to soft) if there is a significant issue before the Board that it has to go out for a vote?  Lew – my feeling is Everett – if this ballot hadn’t had to be paid before the first of September, we would have had to go out for a vote to do it.  Dave – the biggest thing is where are you going to get the money Sam?  Unless you whittle some out of the current $124,000 somewhere; get it down to $110,000 Sam –there could be advanced payments; there could be donations; there could be various things.  (Several people talking at once & could not understand who said what.)  Lew – my feelings is that we have a contract to fix the beach road, that will be good for 2 or 3 years until we can get asphalt on it, and I don’t think that perhaps we should complicate it by putting in addendums after everything else has been negotiated and figured out.  Everett – emergency expenditures may be approved by a majority of the Board, but not to exceed $250 for any one item per-anum.  Dave – Sam what you are hanging your hat on a little bit is that you can’t exceed a budgeted item by more than 10%.  But, the beach road is not a budgeted account.  It is an operating and maintenance type account.  So, if you had the money, the Board could authorize the expenditure; but at $10,000 or $15,000 range I wouldn’t feel comfortable with doing it without sending out a ballot to the membership.  However, the issue still is where are you going to get the money?  If you can get the money by advanced donations or pre-payment of dues, you are going to have send the request out.  It isn’t going to happen
by itself.  And, following right on the heels of a ballot asking to spend another $14,000, I don’t think it will go over.  Sam –I am concerned about protecting our investment of $125,000; and not having it slide onto our brand new project.  Kathleen – then how about you go and talk to a bank and see if they will loan you the money in advance for dues that will be coming in.  Sam –me?  Kathleen – yes you.  You are the chairman of the MBRC.  Dave – what Kathleen is saying is Everett – this should have all been part of the repair.  It was divided off, for what reason I don’t know, but this should have all been included in this contract.  Dave – it still goes back to the same argument.  If you had folded it in where would you have gotten the $135,000; if it were $10,000.  Everett – that’s why it wasn’t folded in.  Dave - it would have to have been $135,000 and we wouldn’t have that much money; not until sometime next year.  It wouldn’t be possible to do it this winter.  Sam - I guess we can cross our fingers they (mumbled words) this job.  Dave – I think what’s done is done.  We have to sit back and cross our fingers regarding the second part of the ballot.  Everett – just Monday we were told that this fix will take care of the drainage problem for the 2 years until we pave it.  Now we find out it is another $14,000.  Sam – there is a lot of other maintenance that needs to be done on that property.  Everett - $14,000 for bank stabilization is not maintenance.  Sam – hell it isn’t!  That could come down onto what we’ve got right now; it’s got nothing to do with the drainage.  Lew – if it comes down now it will be fixed.  Dave – it still comes back to you can’t get blood out of a turnip; there just isn’t any money there.  (several people talking at once)  I think that the Beach Road Committee can come up with some suggestions; a good subject for a Beach Road Committee meeting.  Sam – okay, I will tell them you said that.  

MBR Expenses:  Dave – the next item on the agenda is the Beach Road expenses and Sam you said you had some.  Sam – I do, and I actually have a couple of other things.  I have a report I would like to turn in regarding the process that we went through.  Dave – Can I ask something while you are doing that Sam?  I have a proposed BRC function statement.  Sam – I’ve got that and update to that.  I’m expecting the report to go onto the website.  (A lot of paper rattling talking over each other.)  Dave – something else to, as of tomorrow if that Beach Road ballot has gone out, when I am sure, it will be on the website.  The ballot will also be marked as “sample”.  Sam – Now that I think about it, we talked about streamlining this so when the ballots come in we can get going.  Can we set up a meeting for it, like October 2?  Everett – Let’s do that now, let’s get that taken care of.  The ballot was dated the first?  Sam – It was dated for counting on the 2nd.  It was dated the 1st of September.  Everett – the 2nd is what day?  Dave – Saturday, at 3:00 in the afternoon is what it says.  Everett – that’s when it is to be counted?  Okay, then let’s just schedule it right here.  Lew - so when is the meeting?  Dave – to count the ballots will take a couple of hours, so you won’t be done much before 5:00 pm.  Everett – okay, so let’s schedule the meeting for 7:00 pm that evening.  Dave – Sam, I am giving Kathleen the list of the ballot sheets made up for that ballot count and the printed list of every ballot that went out.  There 380 ballots sent out and you have to have 30% of that to be able to count the ballots, so about 120 ballots returned.  John Moore – Where are you going to count the ballots?  Dave – Here at the firehouse.  John – That will cause some problems as there will be a National Simulated Water Test going on at the firehouse that day and it will be an all day event.    Dave – I would suggest then that we rent a room at the Community Center, the downstairs room that we used before.  Just set it up to be available from 2:00 until 9:00 pm.  Go ahead Sam.  Sam – The committee has incurred expenses.  We are moving pretty fast in working with contractors and supplying them copies of the plans I used Space Copies.  I have 2 bills from them in the amount of $57 or dollars for plan copies.  Dave – That should come out of the beach road account as it is all beach road business.  Sam – That is the only bills I have received.  We have had 2 meetings with Dave Hanna and he said that he charges, with travel time and meeting, an equivalent of 2 hours at $75 an hour is $150 per meeting.  So we expect a bill for 2 meetings from him for $150 each, plus tax.  Dave – Could I suggest a third, which is probably on your agenda?  Sam – Yes, I was about to tell you that we anticipate 1 more meeting with him, the contractor and the BRC to discuss red-line changes.  He told us once that they can do the red-lines in a couple of hours.  That means another meeting of $150 and his actual red-lines another $150.  Dave – May I suggest that on the next meeting and the 3rd meeting with Dave Hanna, that instead of me, you include Everett, and get this done within the next 30 days too.  Sam – I am pretty assured of getting that first one established.  Dave – And what’s the plans for red-line?  Sam – They are good for any other contractor.  Dave – Once the copy is red-lined, that will be the only copy that is red-lined and can we take it back to Space Copies and get another copy or 2 made, of the completed, signed off plans.  Everett – So, we are talking $600 to Mr. Hanna?  Sam – Looks like it.  That should be his final total from him.  Dave – Again to be completed within the next 30 days, then every thing’s behind us when we count the ballots on October 2nd.  

Plat 6 & & Covenants:  Dave told Everett that he got a call from a lady, and it was the 2nd or 3rd call, regarding tree height.  I interpreted it different than you Everett; I think there are several different interpretations.  If you have an existing tree that is over 16 feet you need to trim it.  Everett - Nope.  As a matter of fact you can have a planted tree over 16 feet and it is okay.  You can’t have a hedge or barrier over X number of feet.  Katherine and I discussed this a little bit last night.  In the 6 & 7 Plat Covenants under Noxious Use of Property – This provision will likewise apply to plantings over sixteen (16) feet in height that prove to be obstructing a neighbor’s view.  Katherine – There are height restrictions on page 3 of the covenants, plus the limitations mentioned under Noxious Use of Property.  We have plantings that just in normal conversation with other 6 & 7 plat owners, we all have, or at the least the people I talked to, the believe that any plant or tree that is over 16 foot, if a neighbor complains, has to be brought down to 16 feet, just like our houses cant be more than 16 feet.  Everett – I don’t think that’s the way it has been interpreted or enforced.  Where it has been enforced is any plantings that you plant.  If the tree was already there or comes up of its own, there is no limit.  Katherine – It doesn’t really say that.  Everett – It doesn’t say otherwise either.  Lew - That’s what I was told because the lot in front of me has trees that were there, and in the past years that I’ve been there they are now obstructing my view.  But I bought the lot knowing those trees were there.  Katherine – You see we didn’t, as we were told that anything over 16 foot that if complained it would be brought down to 16 feet.  Dave – I think there is enough of a, looking it over and after talking to you last night, there is enough of a gray area that you could probably go either way.  Katherine – We need to clarify and have it uniformly applied.  Dave – Where you live Katherine, I drove down Rhododendron as I came here tonight; there’s one big lot with a lot of trees on it.  Is that the one we are talking about?  Katherine – That’s the one the lady called on.  Dave – Waterman, right?  That’s probably got probably 20/25 trees on it?  Katherine – At least.  Dave – They’ve been growing for the past 10/15 years.  When I talked to her she said she had bought the property for an investment and now she likes it up here and she is thinking about moving up here, but not for 2 or 3 years.  She didn’t want to cut the trees down.  I am not sure how to approach it from the stand-point of the property owners of Plat 6 & &.  Everett – My suggestion is that they deal with it on a neighbor basis.  Neighbor talks to neighbor, if it’s those gray areas, and if the neighbor wants to work with the neighbor fine; if not, it’s like anything else where people violate the covenants, the only real recourse you have is court.  We have no authority as an association to enforce anything.  Katherine – Well, you need to interpret it and then uniformly apply.  Dave – I can sit down and write her a letter.  Katherine – I was going to call you any way, because there are dead trees on the property that and I wanted to contact the guy and see if he would cut those down for fire protection.  I talked to Marydee Countryman and she said we had to do it first.  Dave – What about writing a letter, it’s a kind of tedious process, writing a letter to Waterman, since she’s the one who brought the issue up.  (turned tape over and missed a few words)  Everett – It says plantings.  Katherine – but what does plantings mean?  I looked it up in the dictionary and it says planned tree planting.  Dave – What I am suggesting is to a write a letter to this lady specifically, telling her that we can address it at the January meeting, and in the meantime in the newsletter, that would go out in late November, put an article in the newsletter asking people in plat 6 & & to attend that meeting to voice an opinion.  Then you can get a general feeling for what they want.  Everett has a point, all we can do is point out the possibility of a violation, bring it to their attention and resolve it amongst the plat owners.  Katherine – It is really important is also to get the people that are involved and interpret it and communicate the same message to everybody.  Everett – We have another tree that is actually kind of on community property and kind of on county property that’s blocking one person’s view of the very end of the runway that we agreed to top.  But, that wasn’t satisfactory with them.  The tree is their all on its own, and our interpretation is that if it is there on its own, it stays that way.  Lew – It is not a planting.  No body planted it.  Everett - It is just there.  You just can’t tell people they can’t have trees that have already been there for 50 years, because the 16 foot height just doesn’t make sense.  Dave – Does that sound like a solution?  Katherine – Yes, and in fact she already e-mailed me and so I’ll just e-mail back to wait until this conversation.  It is really going to be taking on a neighbor to neighbor basis.  Everett – I think that’s the best way you can do it.  Dave – Everett pointed out that there are 2 possible solutions – the drastic radical solution is to cut all the trees down.  The other solution is to top them.  Katherine – in fact the county wouldn’t let because we are on an erosion control zone.  Everett – I think you are going to find that same thing over on the bank there.  Katherine – Yes and I don’t advocate cutting down trees.  Dave – just cut the dead stuff out.  Since that sounds like a solution and it doesn’t have to resolved this week, we’ll do that.  I have had enough conversations with 2 or 3 people, and Everett’s talked to the one gentlemen he was referring to about the one being cut down completely, so we have a simmering pot.  At least we’ve got Woody Hill on the ballot for Architectural Rep and if we can get Woody in there so he has a clear understanding of how the people in Plat 6 & 7 want to understand it.

Open Comments:  John Moore (681-2425) I am a Ham Operator affiliated with Clallam County Radio Service; the radio here is part of that service; I and other hams that operate this station for tests and drills.  What we are doing is establishing a program for continuous monitoring of certain frequencies to help those who may call in for help or if we have a disaster.  That way if for some reason we lose phone service out here, they can get hold of someone through the ham radio so that we can talk to them, get the information and relay that into town.  We can offer this without house power, as we generators/batteries to do it.  I can write up an article for the newsletter.  Dave – If you can e-mail an article to Dan, he can send it to me and I can get it on the web site.  In the January meeting you can have some agenda time.  Irma – I wanted to let you know that we have an auditor for this year, Jeanette Clark, and it will be done sometime in October.  Dave – Something for us to think about – Irma and I will have our term end in 2 years and I was thinking that after this year we should step back and let someone else take over the reigns while we are still here and can help train them.  A decision doesn’t have to made right away, it is just something to think about.  Everett – I have 2 items.  One is the Detention Pond.  There are 4 sets of keys and I don’t know who has been down there, but I found one pump full of water, the other one with 2 broken bolts and I can’t find the pieces that broke off.  The other one has a broken flange that I can make work.  I have clamps on them now so that the pumps will run.  I’ve got one pump on automatic, when I had them both off.  If the one with the 2 broken bolts was in automatic we would have burned it up.  I just don’t know who got down there and fooled around.  I can’t see that anything has been messed with.  Anyway, I am going to have to take 1 pump apart and get those 2 broken studs tapped out and put back together.  The O ring still looks good; it slipped back in with clamps and held and pumped water.  My second item is, and I don’t know if I am the only one this bothers, is the party signs.  All the signs that are up are against the covenants.  The only sign you are allowed to have is the name, address and a for sale sign not to exceed 2 square feet.  There are too many political signs and we need to put something on the reader board that says no signs?  The people I have talked to so far didn’t realize they could not have them.  Dave – is that universally true of all plats?  Everett – I think so.  That also includes the ‘Yes on Fire District 3’.  I just want to remind people that signs are limited by covenants.  Dave – With the meeting coming up on October 2nd, that’s far enough down stream that we can put up the need for a reminder on the board 2 weeks prior to the meeting.  So you can put something up on the board for a couple of weeks, then take it down and put up the meeting notice and you should be okay.  I will call Neil and ask him to put something on the reader board.  Dan – We will be having a C.E.R.T. drill sometime this fall and so expect this road to be sometimes blocked.  Please drive slow as there will be people all over the place looking dead.  Dave – Regarding having meetings here, it can be terrible when you get too many people talking at once.  The acoustics are bad enough in here it is like being in a tin can.  I am more inclined that any time we have an indication we are going to have a large audience so move the meetings to the community center where it is quieter and better acoustics, more seating and better to hear.  It is $20 a time.  I also want to remind you that Vickie and I will be gone for 6 weeks and I think all the lose ends are tied up.  I will get together with Everett and go over the reader board.  Everett – Sam does know that even though there is a budget he needs to get our approval before he sends funds, not after?  Dave – In the letter I sent to the board and BRC, the last paragraph of the letter says – Please be reminded that all expenditures and all dispersement of funds must be approved by the Board, and the BRC has no authority to sign or commit to any contracts.  I think I have made it as clear as I can.  Everett – I don’t have a problem with that, but he has already spent $300 without any approval.  That can’t happen.  Dave – that is why I put that in there.  Let’s assume that everything passes and the contract is put together and signed.  As they start dispersing funds, that all invoices presented for payment have to be signed by Sam and one other committee member, and the check has to be signed by 2 Board members.  So there are some checks and balances there too.  And, I put in here also that any change orders from the original plans and specifications have to be signed by two Board members before they are approved.  Irma – There are these bills coming in and there will be others to be paid out of the beach road fund, how can they spend that much more?  Dave – That’s a good point.  You can only disperse what you have.  If you get a bill for $120,000 and there’s only $110,000 in the account, you can write a check for the $110,000.  Everett – We hold back 10%.  Dave – One thing is encouraging is that is you look at how many have prepaid their dues and have recently paid their dues; and with today being the first day of the new year, a lot of people won’t send their dues until the later part of September, first of October.  I think there is a fairly good momentum for paying dues and getting the funds in.  That’s stuff we’ve already set in motion to over the last couple of years that we have people all set up to pay their dues.  I am hoping that there are adequate funds.  I have been telling people to look on the web so they can see what has been said.  Everett, make the contract as iron clad as you want.  
              
MEETING ADJOURNED:  Lew made a motion that we adjourn the meeting; which was seconded by Dan.   The meeting was adjourned at 8:13 pm.