[VCHPOA Agenda] Minutes 13-Dec-2005

[Agenda distribution list]

[As received from the VCHPOA Secretary, 1/14/06]

Virginia City Highlands Property Owners´ Association 
Monthly Meeting Minutes
December 13, 2005

PRESENT:  Bent, Landaburu, Gravenstein, Woolley, and Lumos

I.  CALL TO ORDER AND APPROVE MEETING AGENDA

A quorum being present, acting president Richard Bent called the meeting 
to order at 6:40 pm. 

The agenda was amended to move the public comment section to item IV in 
order to conform to NRS 116.  It was noted that some items would be taken 
out of order to accommodate the schedules of the County Commissioners and 
Fire Chief.  


II.  APPOINT OFFICERS

A motion by Gravenstein, seconded by Landaburu, to appoint Richard 
Woolley president was approved unanimously. 

A motion by Landaburu, seconded by Woolley, to appoint Richard Bent first 
vice- president was approved unanimously. 

A motion by Bent, seconded by Landaburu, to appoint Debra Gravenstein 
second vice-president was approved unanimously. 

A motion by Gravenstein, seconded by Woolley, to appoint Rita Lumos 
secretary was approved unanimously. 

A motion by Bent, seconded by Gravenstein, to appoint Martin Landaburu 
treasurer was approved unanimously. 

President Woolley assumed chairmanship of the meeting. 


III.  APPROVE MINUTES OF NOVEMBER 8, 2005 MEETING & SPECIAL ELECTION 

A motion by  Bent, seconded by Gravenstein, to approve the minutes of the 
previous meeting was approved unanimously.  


IV.  COMMENTS BY ASSOCIATION MEMBERS AND DISCUSSION OF COMMENTS

Dave Abel suggested that anyone who speaks should identify themselves. 

A member asked if publication of the association newsletter would resume. 
It was pointed out that publication of the newsletter had been sporadic 
in the past but that one is typically published prior to the annual 
meeting.  The cost is approximately $1000 per issue, but that 
advertisement could be sold to defray the cost.  President Woolley asked 
if there was a volunteer to edit the newsletter, to no response. 

Dave Thomas stated that an extra gigabyte of memory could be added to the 
association website for approximately $30 per year.  He is in the process 
of scanning old minutes which could be posted on the website if 
additional memory were added.  He noted that eight or nine sets of 
minutes are missing for the years between 1979 and 2000.  

Mr. Thomas also proposed posting the association´s tax returns, summaries 
of financial records, and legal matters that are not confidential on the 
website.  

He stated that a Reserve Study must be prepared at least every five 
years.  President Woolley stated that this subject will be placed on the 
agenda for the next regular meeting. 

Steve Musser stated that there is a problem of Clemens Road not being in 
the roadway easement through Lots 67 and 68, Block N, causing access 
problems for the lots on the southeast side of the road.  This item will 
be placed on the agenda for the next regular meeting.  

Discussion ensued as to whether this was a problem for the association or 
between the lot owners.  It was suggested that a Boundary Line Adjustment 
could be done between owners.  Lydia Hammack volunteered to contact Dean 
Haymore of the Building Department to determine what options are 
available.  

Ray McPartlin stated that he would like the current rates for 
architectural review be discussed and for the fine on the property with a 
blue roof to be reduced to one dollar.  No action could be taken at this 
meeting, but could be considered in the future. 


V.  FINANCIAL REPORT 

Dave Thomas reviewed the financial report through November, 2005.  

He noted that transfer fees are down, reducing income.  

He reported that equipment for road maintenance has been purchased with 
funds from the reserve account and the special assessment as authorized 
at the July 23, 2005 Annual Meeting.  Purchases include two (2001 and 
2002) Dodge diesel powered pick up trucks and a 1982 Case front-end 
loader.  These have been equipped with plows, safety lights, and 
miscellaneous equipment.  The inventory is included in the financial 
report.  

Mr. Thomas recommended that the 1984 GMC pickup be sold and the 1979 
Dodge pickup be retained.  This item will be placed on the agenda for the 
next regular meeting. 

Lydia Hammack reported that there are a small number of owners whose 
special assessment fees are delinquent.  These will be sent to the 
attorney for collection.   She will prepare the necessary forms for 
signature by the secretary. 


VI.  COMMITTEE REPORTS 

a.  Architectural Committee:   Sherry McCready reported that minutes of 
the Architectural Committee meeting have been submitted.  

She stated that in the future the committee wants to require that grading 
permits be approved by the County prior to its review of plans.  This 
item will be placed on the agenda for the next regular board meeting. 

The committee asked for direction in a case where plans had been approved 
for homes on two adjacent lots by a single builder.  Due to grading 
concerns, the builder is asking to switch the houses on the two lots.  
The committee would like to know if a special meeting should be held to 
address this issue and if new fees should be charged for the review of 
the plans.  The plans were originally approved under the old fee 
schedule.  They are concerned that the action they take on this 
application may set a precedent for future actions.  

A motion by Lumos, seconded by Landaburu, that the plans be reviewed at 
the next regularly scheduled meeting of the Architectural Committee and 
that no new fees be assessed was approved unanimously.  It was stressed 
that this is an extraordinary situation since the plans had already been 
approved, that the same two houses are being built on two adjacent lots 
by the same builder, and would not set a precedent for any future action.
 
b.  Road Report 
John DuFresne reported on the status of the new equipment.  He stated 
that in the next month he would like to do touch-up grading on the gravel 
roads if there are no storms and fix the guard rail at Cartwright and 
Saddleback.  He asked for approval of a $250 expenditure to upgrade the 
power supply in the maintenance yard, approval of the purchase of three 
new radios at approximately $289 each, motion sensor lights for the 
maintenance yard, and extension cords.  

The purchase of radios, the miscellaneous equipment requested, and 
upgrade of the power supply were approved.  The board authorized repair 
of the guardrail at a cost not to exceed $2000 and the touch-up grading 
at a cost not to exceed $1000 for labor. Lydia Hammack was asked to look 
into the possibility of setting up an account at Home Depot for the 
purchase of small items. 

Mr. DuFresne had purchased some small items with his own money and had 
applied for reimbursement.  He stated that in the future he would add a 
25% surcharge if using his own funds.  He was directed not to purchase 
items with his own funds. 

c.	Park Report 
Commissioner Bob Kershaw stated that the well location will be the POA´s 
decision, but that the County would prefer it be at the park site.  The 
cost to develop the well will likely be between $15,000 and $20,000.  

There is currently approximately $52,000 in the park fund.  The County 
can help with getting contractors to do work on the park.  He stated that 
he hoped to improve services in the future, but that income from the 
Tahoe Reno Industrial Center has not yet been realized and the County 
will be obligated to provide services and facilities to that development 
in the future. 

Commissioner John Flanagan stated that any costs to be incurred on the 
park will have to be included in the County budget.  He stated that the 
proposed well would help with fire insurance rates in the Highlands. 

President Woolley stated that according to park chairman Patti Poston the 
park money was set aside to build according to the park master plan and 
not to construct a well.  Some feel that a well is not a great benefit to 
the park since there are no immediate plans for restrooms or water 
fountains.  He asked what the procedure is for spending the park impact 
fees. 

Commissioner Kershaw stated that the County Public Works Department 
administers the fund.  The Park committee needs to prepare a plan of 
development and present it to the commissioners for approval.  He stated 
that work could begin in the spring of 2006 if decisions for development 
are made soon. 

Lydia Hammack stated that in the past both associations had to approve a 
plan and then it went to the County for approval.  

President Woolley stated that at the last meeting the board had approved 
a well and tank.  Commissioner Flanagan noted that there are many 
comments on the web site chat room in opposition to a well and storage 
tank at the park. 

Fire Chief Gary Hames urged both associations to approve the well 
construction.  He stated that he does not have money in his capital 
improvement budget for a well.  The well is essential in the effort to 
improve the ISO rating for the Highlands although there are other aspects 
to the plan. 

Ray McPartlin stated that he feels the well is a valuable improvement to 
the park and would not greatly deplete the park funds.  Commissioner 
Kershaw stated that the County might be able to augment the park 
development in other ways, such as providing labor. 

Chief Hames stated that the Water Rights Application and permits need to 
be completed.  This will take at least 60 days.  That process should be 
started immediately. 

The Highland Ranches Property Owners´ Association meets on January 31st 
and their approval is needed.  

A motion by Bent, seconded by Gravenstein to approve construction of a 
well at the park site was approved unanimously. 


VII OLD BUSINESS 

a.  Signs 
Chief Hames reported that the new street signs have been assembled and 
would be installed within the next three days.  The firefighters will 
supervise detention workers doing the installation.  The sign project has 
been about five years being completed and is part of the plan to lower 
the ISO rating. 

A motion by Gravenstein, seconded by Bent, to authorize one of the road 
crew contractors to drive an association truck pulling the compressor 
needed for the sign installation was approved unanimously. 

b.  Fire Station:  Lease and Well use: 
Chief Hames reported that the training room being constructed behind the 
fire station would be complete in about 30 days and will be available for 
community meetings. 

The lease has expired and is now on a month to month basis.  It needs to 
be reviewed.   President Woolley stated that the present rate if probably 
sufficient since the Fire Department has done a tremendous amount of 
maintenance to the facility.   He and Chief Hames will meet to discuss 
terms prior to the next regular meeting.  The lease renewal will be on 
the agenda for the next meeting. 

Chief Hames reported that well use is down from previous levels. 


VII.  NEW BUSINESS 

c.	Pricing and agreement to rent VCPOA equipment to HRPOA in the event of 
a snow emergency: 
Mike McDonough, President of the HRPOA stated that they would like a two 
year agreement about the use of equipment, including rates, stipulated 
drivers, etc.  Currently they are required to use our road contractors 
due to insurance constraints but pay them directly for their labor.  It 
was agreed that a Memorandum of Understanding needs to be developed and 
approved by both associations.  

Keith Judson asked if the HRPOA is required to pay for extraordinary 
repairs if the equipment is damaged while in use by that association and 
stated that he feels they should.  It was suggested that the HRPOA add 
the VCHPOA as an additional insured on their insurance policy. 

These matters will be discussed and a proposed MOU discussed at the next 
regular meeting of the board. 

b.  Independent contractor rate for drivers of association equipment: 
The current rates are $15 per hour for a pick-up operator, $20 per hour 
for a water tender operator, and $$25 per hour for a heavy equipment 
operator.  The board felt that these rates are appropriate and took no 
action to change them. 

c.	Telephone for maintenance yard: 
The board authorized the installation of a telephone line at the yard.  
It should be set up so that only local calls may be made.  Lydia Hammack 
will look into the installation. 

d.  Long term road plan - discussion: 
President Woolley will post a notice on the web site chat room asking for 
volunteers to serve on a road committee.  He is currently communicating 
with some other communities for information on how they handle road 
maintenance.  This will be discussed further at a future meeting. 

e.  Complaints that the Association is not complying with the terms of 
the governing documents and NRS 116  and NRS 82. 
Keith Judson submitted a written complaint on this issue and asked that 
it be on the agenda.  He withdrew the reference to NRS 82 as it does not 
apply. 

He stated that the Architectural Guidelines may not be more restrictive 
than the C.C.& R.´s; they can only elaborate on the provisions therein. 

Any property owner who violates the guidelines must be notified in 
writing by the board.  He stated that a procedure for this occurrence was 
developed and adopted by the board in 2001.  This procedure should be 
reviewed by the current board. 

In the meanwhile, President Woolley will direct the Architectural 
Committee to bring violations to the board for action and not to send out 
any further notices of violation or fine until the board has a chance to 
review this issue. 

Mr. Judson asked that no more white fences be approved until the issue is 
resolved.  Some felt that since a precedent had been set by allowing such 
fences that the association could no longer enforce that guideline. 

A motion by Gravenstein, seconded by Bent, to have President Woolley 
write a letter to association attorney asking for clarification on these 
issues was approved unanimously. 

Debra asked if the attorney was ever in Reno so that the board could meet 
with him about several issues.  Lydia Hammack stated that he has offices 
in Henderson and Reno and that he has been very responsive in the past.  
His office also handles collections for the association.


There being no further business the meeting was adjourned at 10:15 pm.

Respectfully submitted,


Rita M. Lumos, Secretary