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Board Meeting Minutes

Fieldcreek Estates  Homeowners Association

BOARD OF DIRECTORS MEETING

Wednesday, October 15, 2003, 1:00 p.m. – 3:45 p.m.

Location:  EBMC, 5011 Meadowood Mall Way

Reno, NV  89502

Board Present: 

 

Steve Cohen, Mary Ellen Wilkinson, Gary Valiere, Robert Canter and George Toto.

 

Membership Present:

 

Dan Grubic, Fidel & Magda Salas, Mr. MacLean and Mr. and Mrs. Chisl 

 

EBMC  

 

BJ Brown, Property Manager

Cheryl Katzmark, Recording Secretary

I.     Call to Order

          President, Steve Cohen, called the meeting to order at 1:07 pm.

 

        Hearings

         Mr. & Mrs. Salas and Dr. Grubic have waived their right to have a private

         hearing with the executive committee and will be heard in the open meeting.  Both

         parties were informed that the Executive Board will notify them in writing of their

         decision.

         Unit S12625, Salas; Mrs. Salas’ stated that she and her husband have complied with

         the agreement to replenish natural vegetation at Gazelle and Silver Wolf.  They have

         planted the area and the plants are doing well.  Two have died and Mrs. Salas will

         replace them.  Planting was to have been completed by May 31st; an extension was

         granted until June 15th.  The extension was requested because the plants were ordered

         and had not yet arrived.  Further extensions were denied.  Mr. Salas stated that they

         did not destroy anything because there was nothing there to destroy, just dirt.

         Board members Gary Valiere and Mary Ellen Wilkinson arrived during

         the Salas hearing.

         80 Gazelle, Grubic; Dr. Grubic stated there are two issues he would like to

         address.  The first issue is the dog run; the second, the drainage ditch.  Grubic

         received a violation letter on the dog run.  He called and spoke with BJ at EBMC.  BJ

         asked Grubic to submit plans for the dog run and a letter of explanation.  Grubic

         complied, although he referred to the dog run as temporary, which later was switched

         to permanent.  Plans were submitted and approved.

         Homeowner stated that when he purchased his home there was a drainage ditch that

         ran along a portion of the backside of the property.  The ditch appeared to dead end

         midway through in the middle of the property.  Grubic put gravel on the walls of the

         ditch to prevent erosion and then received a violation letter for putting rocks in the

         ditch.  Grubic spoke with county inspectors regarding the ditch and was given

         several options that would assure proper drainage.  The issue has been resolved and

         the county has signed off.  Grubic is requesting that the Board consider waiving his

         fines.  Steve Cohen stated that the Architectural Committee is recommending all fines be

          waived except for the original $50 and $50 for not submitting plans on the dog run or

          the ditch.

II.    Membership Forum

          12930 Falcon Way, Neighbor is concerned because owners moved in almost a year ago and

         still haven’t completed any landscaping.  The owner’s dog comes on her property and uses

         her grass when relieving itself.  Residents have one year from the date of their certificate of

         occupancy to complete their landscaping.  The Board will confirm the occupancy date.

III.   Approval of August Minutes

Bob Canter made a motion to approve the August 2003 Board of Directors meeting minutes as submitted.  Mary Ellen Wilkinson seconded; motion carried.

IV.   Financial Report

         a) Review and Approve July and August 2003 Financials

             Bob Canter provided an analysis of June and July financial statements.  In July

there were several items with regard to the construction deposit account.  Baxter, Sunkist

             Homes and DeLett were all refunded construction deposits.  Baxter was shown on the

             same report as a late deposit.  Baxter’s deposit was submitted in June and the check had

             not been deposited until the same month that it was refunded.  Bob feels there is a serious

             disconnect with the checks coming in, and the time it takes to hit the account.  Bob stated

             that it is necessary to get a separate check for construction deposits and review funds.

             Bob went back through reports and identified that there were 12 new homes last year, 13

             re-submittals of a new home plan, 9 re-submittals beyond the first re-submittal, 5 submits

             for remodel or addition and 49 for fence landscaping or outbuilding.  The dollar amounts

             related to the above are $200 for a new home, $200 for a remodel, $50 for 2nd and other

             re-submittals and $50 review fee for landscaping and out buildings.  Bob stated that there

             should be $6300 in the account and there is only $2650, why?  Bob feels that the funds

             are not being deposited into the correct account.  Treasurer can demand a statement at the

             end of each architectural committee meeting that shows the plans that came in and

             whether it was a new submittal or a re-submittal, etc.  The Board has a fiduciary

             responsibility to the association members.  Need to put a process in place to correct this

             problem.  BJ will look into this issue.  BJ stated that re-submittals are always shown under

             old business. Final plans for additions are $200 and have only been collecting $50.  BJ

             will research this also.  Gary Valiere made a motion to approve the July and August

             financial statements.  Mary Ellen Wilkinson seconded; motion carried.

        b) Approve and Execute IRS Filing Form 1120H

             Bob Canter reported that the Association has the option of filing income tax using

Form 1120 or 1120 H. Form 1120 reduces the rate that is paid on interest but it also exposes the Association to more taxes.  Form 1120H excludes all income from operations except interest earned.  The Association has filed 1120H for three years.  George Toto moved to file income tax using form 1120H. Gary Valiere seconded; motion carried.

        c) Approve Selection of CPA Firm

            Beth Kohn of Kohn & Kalodney stated that the fee for filing the Association’s taxes will

            probably be the same as last year, $240.  Bob Canter moved to continue using

Kohn & Kalodney to file the Association’s tax return.  Mary Ellen Wilkinson seconded; motion carried.

V.   Committee Reports

 1) Property  Managers Report

     BJ reported that things are going well.  Relationships with homeowners are good. Steve

     Cohen has received several calls from homeowners saying she isn’t returning calls.  BJ

     calls twice, if she doesn’t reach them she leaves a message.

 2) Architectural Committee Report

     Steve Cohen stated that the committee will discuss the fee schedule at the next meeting.

     There will be an opening on the committee at the end of the year, if you/or someone you

     know is interested let Steve know.

 3) Welcome Committee Report
      Steve Cohen reviewed the Welcome Committee report that Barbara Lucy provided.

      Mark Demuth sent a nice thank you note to the Association for the beautiful welcome

      Basket.

4) Traffic Committee Report

The Traffic Committee reported they will be scheduling a meeting with the Sheriff’s office     next week.

5) Community Development

    The Board discussed the Zolezzi easement and the possibility of putting funds aside to

    Purchase the easement from Washoe County.

VI.    Old Business

        1) Approve New Reserve Study

Bob Canter reviewed bids with the Board for having a new reserve study completed. The study that was done in 2000 was very poorly done.   The Association President and Bob Canter  will make themselves available to walk the property when the study is in progress.  Bob would like to have the study completed next spring.  Mary Ellen Wilkinson asked why a new study is necessary?  Any time the interest rate changes you should do a review of the study.  Bob stated that the last one was poorly done and he felt the Association would benefit from one that is the professionally done. Bob Canter made a motion to employ John D. Beatty to do a reserve study for the Association in the spring of 2004 at a cost of $1000.  Gary Valiere seconded the motion.  Steve Cohen was in favor of new study, George Toto opposed and Mary Ellen Wilkinson abstained.

VII.   New Business

         1)  Review and Approve New Landscaping Project List

              Gary would like to replace the sprinkler timers, the box that houses the timers caps for

              on/off valves.  The cost for materials is $411. Bob Canter moved to approve

materials purchase and authorize Gary to complete the work.  Mary Ellen Wilkinson seconded; motion carried.

             a) Establish Approval Procedure of Future Projects

                 Gary has been taking his time to come to Board meetings to get approval on projects.

                 Bob Canter made a motion authorizing the property manager to approve

repair or maintenance costs of  $400 or less.  Mary Ellen Wilkinson seconded; motion carried.

         2)  Approve Increase in Landscaping Fees for 2004

              Bob Canter moved to approve an increase in monthly landscaping fees from

$560 to $600 in 2004. Gary Valiere seconded; motion carried.  It was noted that since

              Gary Bria has taken over landscaping, there have been no complaints and the water costs

              have decreased.

3)      Outside Secretarial Support

There is some concern that the Board is not receiving accurate/complete meeting minutes.  Bob Canter contacted several agencies that provide recording services to get bids. The bids were reviewed.  Bob was most impressed with Tri Fox Enterprises; Tri Fox takes minutes at local NAB’s meetings.  Their fee would be $180 with a $40 rebate per meeting, which would make the cost $140 per meeting.  This includes attending, recording, transcribing and providing both a hard copy and electronic file. The Board discussed what each individual member expects the minutes to be.  Steve Cohen stated that when he posts minutes on the web he has a disclaimer that he leaves on until minutes have been approved by the Board. Bob Canter made a motion to contract Tri Fox to take minutes of the next Board meeting.  George Toto seconded; motion carried.  The Board will then compare the minutes with what has been received in the past to see if they are getting a more accurate record.

II.   Membership Forum

   20 Day Lily Court, Mr. MacLean; MacLean has two issues.  He currently has an approved

   RV pad that is about 20 ft. from the street.  The updated CC&R's state that an RV pad has to

   be 75 ft. from the street.  MacLean asked for permission to make a new RV pad that is not

   visible to any neighbors but is only 40 ft. from the street.  This request was declined and he

   would like to know why. 

   It was explained to MacLean that this is a CC&R issue; the Board can not change the

   CC&R’s. MacLean will be on the next Board agenda and will, at that time,  present a

   proposal of changes he would like to see to CC&R’s.  If the Board chooses not to endorse

   his proposal he will be on his own.  In order to make a change to the CC&R’s, 51% of the

   general  membership has to approve. MacLean stated that he would be willing to help if the

   Board chooses to endorse his proposal.

   MacLean also has an approved gravel driveway.  Gravel driveways are no longer allowed

   according to CC&R’s.  Homeowner is concerned about fines.  The Association can not fine

   him for anything that has received approval. 

        New Business Items 4-8

          These are all items that EBMC is supposed to handle; there is a 90 day grace period to be in

          compliance.   EBMC would like the opportunity to handle this so that they can possibly

          bring more things in line with what EBMC is doing to make things easier for everyone.  The

          Board briefly reviewed NRS changes.

          Mary Ellen Wilkinson made a motion to table discussion of items 4-8,

          Provided that we have a letter that will use existing fine structure/fee schedule with a

          statement saying we are in the process of complying with SB136 and SB100.

          George Toto seconded; motion carried. Bob Canter opposed.  BJ stated that the

          Letter  will only be sent to those homeowner’s being fined.

     9)  Policy on Member Supplied Meeting Materials

          Gary Valiere made a motion to approve the policy on member supplied meeting materials as

          written; a copy is in each members packet. Mary Ellen Wilkinson seconded;

motion carried.

   10)  Rules and Regulations, Display of US Flag

          Bob Canter explained that the proposed rule codifies the options that the board has

          To govern and control display of the flag of the united states.  Gary Valiere made a

motion to approve the addition of Rule 5 (a copy is in each members packet) to Fieldcreek's Rules  and Regulations.  Mary Ellen Wilkinson seconded; motion carried.

11)   Management Contract

Bob Canter reviewed the history with EBMC for the Board.  Bob stated that proposed increases in the management contract total about $7200 a year, which is a 27% increase over last year.  

          The Board went in to a private session; property manager and recording secretary were

          asked to leave the room.

          Bob Canter made a motion to empower the Association President to negotiate 

          the contract; not to exceed the latest offer from EBMC and that the  Board will

          commission a committee to look into managing the Association by themselves or other

          alternatives.  Mary Ellen Wilkinson seconded; motion carried.  Will sign    

          for one more year but remember they have 30 day option.

12)   Review and Approve 2004 Budget

       Gary Valiere made a motion to approve the proposed 2004 Fieldcreek Estates

           Homeowner’s Association budget.  Mary Ellen Wilkinson seconded;

           motion carried.

VIII. Discussion Items

          Review and Approve New Board Calendar          

          The Board reviewed the proposed meeting calendar for 2003/2004. Bob Canter

          stated that Board members will use a rotation process for violation hearings. All meetings

          are on Wednesdays at 5:30 pm except the Annual meeting which is scheduled for Saturday,

          May 15, 2004.  This calendar has not been reviewed with Tom Duncan.  Gary Valiere

          Made a motion to approve the new calendar.  Bob Canter seconded; motion

          carried. 

IX.   Correspondence

         No discussion or action taken.

X.   Schedule Next Board Meeting 

The next Board meeting is scheduled for November 19, 2003 at 5:30p.m. at Wolf Run Golf Club.    

XI.  Adjournment

   As there was no further business to discuss Bob Cantor moved to adjourn the meeting. 

   Gary Valiere seconded; motion carried.  The meeting adjourned at 3:45 pm.

Respectfully submitted, 

_____________________________________          ________________________________________

Recording Secretary                                          Secretary, Board of Directors

 

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