Minutes - Tuesday, November 13, 2012
V.C. Highlands Fire Station Training Room
Present: Dave Thomas, Mary Tallent-Stewart, Pat Flanagan, and Karlyn McPartlin
I. Call to Order, Declaration of a Quorum, and Approval of Meeting Agenda
President Thomas called the meeting to order at 7:09 pm. He noted that he wanted to add an item to the agenda regarding a letter from Pat Flanagan to the Standing Committee on Judicial Ethics. He feels it falls under the emergency provisions of NRS 116, came to the board’s attention in the last two days, and requires immediate attention. A motion by Flanagan, seconded by Tallent-Stewart to approve the agenda as amended was approved unanimously.
II. Approve Minutes of October 9, 2012 Meeting
A motion by Tallent-Stewart seconded by McPartlin to approve the minutes of the October 9 meeting was approved unanimously.
III. Flanagan Letter
At the October meeting the board reviewed an opinion from the Standing Committee on Judicial Ethics as to the appropriateness of a sitting judge serving on a board of a homeowners’ association. At that time the board accepted the opinion with Flanagan’s concerns expressed. The majority of the board did not agree with those objections.
On November 9, 2012 Flanagan sent a letter to Michael Pagni, Chairman of the Committee, requesting a reconsideration of the opinion, citing the same objections he had expressed at the October meeting which the board had rejected. He copied Thomas, Tallent-Stewart, and McPartlin. The letter was signed “Patrick J. Flanagan, Treasurer, Virginia City Highlands Property Owners’ Association” although he added a disclaimer stating it represented a personal concern.
Thomas said that there are misstatements of fact in the letter and objected to the signature as treasurer of the association. McPartlin stated that Mr. Flanagan had been asked numerous times not to carry this matter further and that the board had expressed satisfaction of the opinion of the commission at the last meeting. Mr. Flanagan asked what statements were not correct and said that he thought that the statements were correct. Dave stated that the board never deals with property right issues in executive session and read from NRS 116 what actions may be taken in executive session. Only violations of the governing documents, personnel issues, and attorney/client matters are discussed in executive session. He reiterated that the board has no jurisdiction in property right issues or disputes between owners.
Thomas further stated that no violation of governing documents of the association had ever appeared before the justice court in the history of the association.
Thomas stated that recently a situation came up at a VRWPA meeting that might have come before the justice court. Judge McGuffey was present and he and his wife left the meeting in order to avoid a conflict of interest.
Thomas stated that the verbiage in Flanagan’s letter regarding the population of the Highlands is incorrect. Although there are 1169 original lots in the subdivision, there are fewer than 400 residences. The letter also included the ten acre association, over which this board has no jurisdiction.
Flanagan stated that he was asked to write the letter but declined to say by whom. He stated that his opinion is that not all circumstances were considered when the committee made their opinion.
Thomas stated that Flanagan had been warned by the board on several occasions to not voice his personal opinion of sensitive board matters in public forums as a representative of the board.
Thomas read a resolution of censure as follows:
“By majority vote of the Board of Directors of the Virginia City Highlands Property Owners’ Association (VCHPOA), Patrick J. Flanagan, Board member and Treasurer of VCHPOA is hereby censured for the following actions:
1. Sending a letter to the Chairman of the Nevada Standing Committee on Judicial Ethics dated November 9, 2012 in the capacity of Treasurer of the VCHPOA.
2. Misrepresenting in the above mentioned letter factual matters regarding issues coming before the VCHPOA Board when meeting in executive session.”
Thomas read a definition of censure as follows:
“Form of public shaming in which the individual must stand before his peers to listen to the censure resolution as it is read out against him for all to hear.”
The resolution was approved and signed by the three remaining board members.
Flanagan stated that two judges felt the opinion was incorrect and he felt compelled to write the letter.
Mr. Flanagan was asked if he would resign his position on the board. He declined. McPartlin stated that he might be recalled.
Thomas will write a letter to the Committee correcting the misstatements cited and emphasizing that the previous letter was not sent at the request of the board.
IV. Appointment of New Board Member
A motion by Thomas, seconded by McPartlin, to table the appointment until the next meeting was approved unanimously.
V. Review of Financial Statements
Thomas reviewed the financial statements for the month of October. Total expenses for the month were $3,282; income was $2,264. The cash balance at the end of October was $170,600. The complete financial statement is available on the web site at http://www.vchpoa.org/Financials.shtml
He noted that architectural fees and transfer fees were up for the month at that dues and fees for a property that had been in arrears for several years had been paid. The increased income for the month was in response to the annual billing. A motion by McPartlin, seconded by Tallent-Stewart, to accept the financial report was approved unanimously.
VI. Comments by Association Members (NRS 116.31083.5)
McPartlin asked Roy Thompson of the Fire Department whether the Highlands fire station is still manned 24/7. He stated that it is, but occasionally resources are transferred to cover other areas in emergency situations. Only two people are assigned full time at each station in addition to the battalion chief and fire chief.
Steve Morrow asked about the status of the sale of the fire station. Thomas stated that the terms have been accepted by both parties, papers are being prepared for eminent domain proceedings, and payments will be $50,000 per year for 5 years.
VII. Committee Reports
A. Architectural Committee: Rita Lumos reported that two applications for repainting the exterior of homes were approved. No fees were applicable.
B. Road Report: Steve Morrow reported that minor touch up work had been done in some locations. All roads had been inspected and appear ready for winter. The water service with Storey County will be discontinued until spring. The equipment has been prepared for winter. A meeting with Pro Group Management, the new workman’s compensation insurance company had been held. They inspected the equipment, yard, the safety procedures, etc. They offered suggestions for some improvements but were pleased with the procedures in place. Morrow expressed much satisfaction with the company and the meeting.
C. Park Committee: There has been no activity in this committee.
VIII. Unfinished Business
A. New Signage for Entrance-Legal Review: Thomas stated that new signs will probably not be in place until spring. McPartlin said that she had discussed the issue of putting private street signs on Cartwright with DA Maddox and he indicated that he didn’t see a problem with it, but will study further.
IX. Any Other Matters which the Board Members Wish to Discuss
No other matters were brought to the board’s attention.
X. Comments by Association Members (NRS 116.3108.3(c))
A new property owner indicated that delivery trucks had bent over their address sign. She had contacted the fire department and was told that they do not handle the signs any longer. Fireman Thompson said that either the volunteer fire department or Fire Safe Highlands might be providing those now. It was suggested that she call Al Drake or Gwen Buck.
She was also directed to the association web site for a variety of information about the association.
XI. Executive Session to Discuss Possible Violations of the CC&R’s, if Necessary
The regular meeting was recessed and the board went into executive session.
In accordance with Nevada Revised Statutes the proceedings of executive sessions are kept confidential. Full minutes of the executive session are available upon request.
There being no further business the meeting was adjourned at 8:15 pm
Rita Lumos, Recording Secretary