VIRGINIA CITY HIGHLANDS PROPERTY OWNERS’ ASSOCIATION
Monthly Meeting Minutes
September 9, 2003
PRESENT: Board of Directors: President, Keith Judson. Members: Colleen Brownwell, Dave Thomas and Donna Wasson. Absent: Dennis Kennedy.
1. CALL TO ORDER AND APPROVE MEETING AGENDA
A quorum being present, President Judson called the regular meeting of the VCHPOA Board of Directors to order at 7:02PM, September 9, 2003 at the Virginia City Highlands Firehouse. On a motion by Thomas, seconded by Wasson, the agenda was unanimously approved with the additions under New Business of Nevada Trail Riders, Financial of Proposed Cost Savings and Architectural Committee of Complaints.
2. APPROVE MINUTES OF REGULAR BOARD MEETING OF AUGUST 12, 2003.
On a motion by Thomas, seconded by Wasson, the minutes of the Regular Board Meeting of August 12, 2003 were approved 4-0.
3. COMMENTS BY ASSOCIATION MEMBERS AND DISCUSSION OF COMMENTS
Judson read a letter received from a resident regarding Sazarac Road. The resident stated that there has been increased traffic and speeding on the road and that people are using the road as a short cut. She asked if the road could be paved. Keith indicated that he will send a response to the resident to let her know that the VCHPOA does not have the funds to pave Sazarac and that it would probably increase traffic and speeding if it were to be paved.
A resident indicated that when the road crew had cleaned out the ditches along the roads that they had again done substantial damage to her property. She stated that she is putting the Board and Road Committee on notice for reimbursement of the damages if it happens again. It was suggested that she write a formal complaint to the Board. Don Ingram stated that he would follow up on the matter after looking at the damages.
A resident stated that there have been vehicles speeding on Grizzley and that there was concern for children playing. Donna Wasson recommended that a special needs child sign can be put up to warn drivers to slow down. She indicated how the signs could be obtained. No further action was taken.
Dave Thomas presented the monthly cash report dated August 31 (copy attached). The bookkeeper provided the Board with a Summary Trial Balance and Bank Statements for the month of August 2003. Regarding the Collection of Delinquent dues Kathy McDowell stated that she had spoken with Patty Hampton regarding this issue and that Patty had faxed her the status late that afternoon. Kathy said that she inadvertently neglected to bring the faxed report to the Board Meeting.
Dave Thomas raised the issue that the first mile of Cartwright Road needed to be patched in places and expressed his concern that if the patching was not performed prior to the winter months, the road would suffer severe damage. Dave asked Storey County Commissioner Bob Kershaw who was responsible for maintaining this portion of the road. Commissioner Kershaw responded that the County was responsible for maintaining the first mile of Cartwright and said that he would speak with the Public Works Department regarding the issue.
Keith indicated that he has not heard back from the attorney’s office in regards to the Ombudsman’s Fees. He indicated that he may have to call a special meeting to make a decision in regards to paying the Ombudsman’s Fees as the Association could be penalized if not paid by October 1, 2003. This issue is deferred until Keith hears from Jay.
Keith presented a Proposed Major Cost Savings stating that the Board has a fiduciary duty to the property owners to minimize our expenditures. The Board also has a fiduciary duty to the property owners to ensure that our financial records are accurate. The Board can fulfill both of its fiduciary responsibilities by internalizing the bookkeeping position and performing that function themselves resulting in an annual savings of at least $4,340. Keith distributed to both the Directors and to others attending the meeting a document titled “Proposed Major Cost Savings”. Approximately half the content of this document related to criticisms of the Association’s Bookkeeper. Dave Thomas stated that he thought that it was totally inappropriate that Keith Judson address this particular topic at an open session of the Board Meeting, given that a closed Executive Session of the Board had already been scheduled to discuss precisely this topic immediately subsequent to the regular Board Meeting. Donna Wasson stated that she totally agreed with Dave’s assessment. Dave made a motion to defer discussion of this topic until the Executive Session and Donna Wasson seconded Dave’s motion. Dave explained to members and guests attending the meeting that under Nevada statutes, Association Boards are severely limited in terms of what may be discussed at closed Executive Sessions, and explained that matters relating to personnel and attorney-client discussions are two permissible items to discuss in Executive Session. Keith Judson stated that it should be up to the Association’s bookkeeper, Kathy McDowell, as to whether the topic should be discussed in the open Board Meeting. Kathy McDowell responded stating “This is very upsetting to me, but I don’t believe this is the place to discuss it.” Storey County Commissioner Bob Kershaw said “I don’t think that this is the right time or place to be having this discussion”. It was then agreed to defer discussion of this topic to the previously scheduled Executive Session. Joel Smith, an attending Association member and past Director of the Association’s Board, then requested that all people attending the meeting who had been given copies of the Proposed Major Cost Savings document return those copies to the Board.
5. COMMITTEE REPORTS
a. Architectural Committee
Wally Corey, Chairman, presented the written report of the Committee’s meeting of September 2, 2003 (copy attached). The Definition of Earth Tones will be deferred until the next meeting since Dennis Kennedy is not present. Keith stated that the revised By-Laws have been filed with the County.
A discussion was held in regards to the vacancies on the Architectural Committee. Keith indicated that Jim Watson expressed an interest in joining the committee. Thomas made a motion that Jim Watson be a member of the committee, Wasson seconded and the motion passed 4-0.
Donna reported on a complaint filed with the Architectural Committee regarding a dispute of property lines between two residents. One of them intends to build a fence along the property line, which will interfere with a possible prescriptive easement. It was decided by the Board that easements are not a Board issue but rather a legal issue. The Architectural Committee will follow up with a letter to the complainer.
Don Ingram presented the road report (attached). Don Ingram reported that a special permit is not required by the County in regards to the storage shed. Keith brought up the issue of the additional costs required to set up the storage shed. He recommended that the Road Manager needs to provide the Board with all expenses before we can make a decision on the purchase of the shed. Thomas stated that he will contact Rick McDowell to get a line item budget and confirm the Planning Commission restrictions on the project. Wasson motioned to have this item included in a special meeting. Thomas seconded and the motion was approved 4-0.
The board directed the road manager to purchase and install protective tarps above and below the salt and sand.
No decision has been made in regards to the sale of the Drum stand.
c. CC&R’s Revision Committee
Thomas reported who will be on the committee and those that will be advisory members. Dave indicated the issues and handed out the Revision of CC & R’s Conceptual Issues (attached).Thomas indicated that the group will have a public meeting within the next two months.
6. OLD BUSINESS
Keith stated that articles are needed for the Special Newsletter. He indicated that anyone who has anything that they would like to add to the letter or advertise in the letter to please contact him.
Wasson gave an update in regards to the junk cars parked on a resident’s lot on Grizzley. She was told that the property is in probate because the owner of the vehicles expired. The owner of the property lives out of state and the person who expired was renting the residence. But according to family members, the cars did not belong to the person renting the residence. Wasson will follow up on this issue to see what can be done about the cars.
7. NEW BUSINESS
The Nevada Trail riders gave notice that part of their 100 mile trail ride goes through the one acre lots. The question came up on liability to the one acre property owners. On a motion by Thomas, seconded by Brownwell, the board unanimously agreed to do nothing in regards to the ride.
On a motion by Dave,seconded by Colleen and unanimously approved, the meeting was adjourned at 8:50
Monthly cash report dated 8-31-03
August Road Report
Revision of CC&R’s Conceptual Issues