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Fieldcreek
Estates Homeowners Association Board of Directors Meeting
EBMC, 294 E. Moana Lane, Suite 18 Reno, Nevada 89502 August
13, 2003 Board Members Present: Steve Cohen, Bob Canter, Mary Ellen Wilkinson,
Gary Valiere Board
Members Absent:
None EBMC:
BJ Brown, Property Manager
Sherry Haddox, Recording Secretary Attorney:
Gayle Kern I.
CALL MEETING TO ORDER A.
Steve Cohen called the meeting of the Fieldcreek Estates Homeowners
Association to order at 1:00 PM. A
quorum was present. II.
MEMBERSHIP FORUM 1. Homeowner, George Furman
speaks about the trail easement. It
hasn't been dedicated as of this date. The
homeowner has been disappointed that there has not been more active
participation in the part of the Homeowners Association in the past in order to
maintain the trail, which he asserts
is to the general benefit of the Association's
members. 2. Homeowner, Nancy Furman addresses
her concerns with the problem of getting people to run for office and staying on
the board and participating etc. A
number of the homeowners are apathetic about doing so, because Mr. Ferroni held
a majority of the votes in the past. Nancy asks the question, “would the board
consider putting out a questionnaire in regards to the board meeting at other
times and days of the week and if this would encourage attendance and
participation?" The Board feels that in the past attendance was no
different regardless of the time and day the meetings are held. If homeowners
are interested in the community affairs they will make it a point to be at the
meeting. Board members also pointed out
that Mr. Ferroni has had no controlling interest in the Association or the
make-up of the Board since May, 2001, and the situation with obtaining member
volunteers for committees and Board positions has not changed.
III.
MINUTES Motion:
Gary Valiere made a motion to approve the June 11, 2003 minutes with the
noted changes and Mary Ellen Wilkinson seconded it. Motion carried. Correction
to June 11, 2003 item X "scheduled for Friday" should be
"scheduled for Wednesday". IV.
FINANCIAL REPORT 1. Bob Canter drew attention to miscellaneous
amounts in accounts that he
would like to write off in accounts receivable totaling $24.50. Motion:
Mary Ellen Wilkinson made a motion to remove the $24.50 and make it a
write-off from accounts receivable and Gary Valiere seconded it.
Motion carried. 2. The delinquencies for the Fairways were addressed by Bob Canter, he
indicated that the collection letters were not sent out, we should have filed a
notice of delinquent assessment for Fairway homeowners and proceeded against
those who haven't paid. We will be
filing that and everyone that hasn't paid will be referred to the Association's attorney,
Gayle Kern, for collection. 3. Bob discussed changing banks, advising
that the property manager has
informed him that the
Association is
in violation by having more than $100,000.00 in one bank of
which the total funds amount is not FDIC insured.
Bob researched several banks and decided to go with the Heritage Bank at
47 Damonte Ranch Parkway. They
have the best interest rate. It
would be a money market savings account at
this point yielding 1.25% annual interest rate. Motion:
Mary Ellen Wilkinson made a motion to approve the May and June financial
report and Gary Valiere seconded it. Motion
carried. V.
COMMITTEE REPORTS 1. Property Managers Report - BJ gave her update on the issues she has
addressed and is currently addressing. Mostly
architectural and violations. 2. Architectural Report - BJ Brown has been working with Steve Cohen on
Architectural submittals coming in and architectural guidelines and on the forms
for review of the submittals to make it easier to get through in the meetings. VI.
OLD BUSINESS 1. Review response from questionnaire
on continuing Christmas Lighting. As a result of a
request of the Board, the membership had been polled about the desirability of
continuing the annual Christmas light decorations, considering the continued
vandalism of these decorations, and the significant annual cost of erecting and
removing the lights, plus the start-up costs of installing the necessary
electrical connections to bring the installation within code. The results were
given to the Board. Of the over 380 questionnaires mailed out, only 30 responses
were received. Out of 30 responses six wanted to keep the lights up, the
remainder voted to discontinue the display. The questionnaire stated that the
Board's action on this matter would be governed on the responses received.
Motion:
Bob Canter moves that we discontinue erecting the Christmas lights at
this time. Mary Ellen Wilkinson
moves to amend the motion that we discontinue erecting the Christmas lights at
this time and that we respond to the membership in the newsletter to inform them
of why it happened and what the number of votes were, and Gary Valiere seconded
the motion. Motion carried. 2. Meeting
Times. Discussion of possibilities
of changing the meeting times to night meetings. Since the current contract
requires that the time and place of all meetings be acceptable to the Agent
(i.e., EBMC) and the Agent's representative (BJ Brown) prefers daytime meetings,
Board meetings must continue to be scheduled for days. However, Ms. Brown has
agreed to hold Members meetings starting at 5:30 p.m.. Motion:
Bob Canter made a motion that we keep the Board Meetings at 1:00 in the
afternoon at EBMC throughout the rest of the contract, and Gary seconded it.
Motion carried. VII.
NEW BUSINESS 1. Board to address the grass along Silver Wolf and the entrance of Zolezzi.
There is a lot of water use for the grass in that area. The second issue is when
the developer put the landscaping in he landscaped into the easement. With
regard to the easement situation, Mr. Canter advised that he has been in contact
with Mike Boster of Washoe County Parks and Rec., and also David Watts of the
District Attorney's office. The trail easement has been accepted by the County,
but has yet to be developed and dedicated. Until that area is dedicated we need
to forget it and worry about it when that time comes.
At that time the offending landscaping will either be removed by the County
in the normal course of developing the trail, or will be removed by the
Association at the request of the County. With regard to the water thirsty
landscaping, informal estimates to re-landscape this area with drought tolerant
flora and rocks are in the $13,000 to $25,000 range. The estimated annual water
savings at current rates is estimated in the range of $1000, thus it would take
from 13 to 25 years to recover the cost of reworking this area. Member Nancy
Furman suggested that perhaps the Wolf Run Golf Club would remove the sod for
use in the fairways and thus reduce the cost of re-landscaping, and she said
that she would explore this possibility. The Board invited her to present the
results of her inquiry at the next Board meeting. Motion: A motion was made by
Mary Ellen Wilkinson that we table any action on this matter until the next
board meeting and that we ask for a volunteer to research the possibilities for
future changes to that grassy area. Bob
Canter seconded it. Motion carried. 2. Reimbursement to Rosalie Morgan for expenses for past community events.
Motion:
A motion was made by Bob Canter to reimburse $396.48 for community events
to Rosalie Morgan and Gary Valiere seconded it.
Motion carried. 3.
Overview of new laws enacted by recent Nevada Legislature & how
Board/Association will be affected. EBMC
will be having a seminar about the recent changes to NRS 116.
EBMC will send out notices 3 to 4 weeks in advance of the seminar.
The Board encourages everyone to attend. One of the most significant
changes wrought by the new legislation is to require a hearing before the
Association can impose a fine on a member for any violation. This requirement
will require additional meetings of the Board, and additional expenses to notice
these meetings and obtain meeting rooms. Gayle Kern suggested approaches to this
requirement. Bob Canter observed that the current fine schedules must be revised
for these new procedures, and sent to all the members. 4. Board to discuss the possibility of retaining a new attorney to represent
the Association. Gayle Kern spoke to the
board and informs them that ever
since she has been representing Fieldcreek
she has never lost a case in the 7 years she has done so.
She informs them that she is second to none in being versed on NRS
Chapter 116 and governing documents and asks that the board make this decision
of retaining a new attorney upon good business judgment. She stated there is no
conflict of interest where Mr. Ferroni, or
any other member of the Association, is concerned.
Motion: A motion was made
by Bob Canter and seconded by Mary Ellen to keep Gayle Kern as the Association's
attorney. Motion carried. 5. Architectural Committee-Operation, Problems, Membership.
There was discussion with concern to the accuracy of the minutes.
We are going to try to work different people in and see how they do in
taking minutes and see whether or not they can take quality minutes.
An alternative suggested by
Karen Brigg is for the Board to arrange for a recording secretary. This would be
an extra expense. To improve the accuracy of communication with members
submitting plans to the Architectural Committee,
we will be using individual sheets for each set of plans for review with all
the notes attached to it so there won't be any mistakes for what we are doing
for each property. There was a
suggestion that a paid architect or residential designer be engaged if there was
a problem with attendance by the current professional. Mr. Cohen stated that, as
Chairman of the Architectural Committee, he did not see this as a problem. 6. Association & its relationship to Declarant.
Responsibility for PUD conditions. "Maddie
Shipman or representative." There has been discussion with Maddie Shipman earlier and it
was determined that the Association is
not responsible for the conditions that were imposed upon the Declarant by the
County in approving the PUD under chapter 278A. It is not our responsibility.
We have a responsibility to adhere to the rules that the County has
established such as easements. Bob
Canter presented the Board with a legal and historical perspective of the
Association and responses to assertions made at the July 17, 2003 Southwest
Truckee Meadows Citizens Advisory Board meeting. 7.
Revisit Reserve Study. Our
last reserve study was not a good one. There
are very many errors in it. Nothing
makes sense at all. Motion: Bob Canter makes a
motion that we have a new reserve study done by someone that is qualified and
have Steve Cohen or Bob Canter to go along on a walk-through with them to make
sure we get an accurate study this time. Gayle
Kern observed that this item was not listed in the agenda as an item upon which
the Board would take action. The motion was withdrawn, and the item will be
rescheduled for action at the next Board meeting. 8. 2004 Budget, New requirements.
The Board is considering having an architectural fund established and put
in to the budget so that a qualified architect will be able to sit on the
Architectural Committee to meet the requirements of the CC&R's. Mr. Canter
solicited other new expense items from the Board and advised that a proposed
budget for 2004 would be available
at the next meeting for approval by the Board. Based on current expenditures, he
did not envision the need for an increase in Association assessment amounts. 9. Board to replace Board member Bryde Bates with a volunteer from the
membership. The Board has received
three applications for the open Board position: Mr. George Toto, a former Board
member; Mr. David Collier; and Mr. William Verner. Motion:
Bob Canter moves that we recess
at this time and come back to the action of the new board member after the
executive session and Gary Valiere seconded it. Motion carried. Meeting
recessed to the Executive
Session at 3:09 PM. Upon completion of
the Executive Session of the Board, the regular meeting was reconvened at 4:12
p.m.. At this time the qualifications of the three candidates were discussed. It
was agreed that Mr. Collier was best qualified for the position, and was voted
to the position. However, Mr. Cohen expressed concern that Mr. Collier would be
able to attend the daytime meetings of the Board, and the Board agreed that Mr.
Cohen should contact Mr. Collier with this concern, and should Mr. Collier
decide to withdraw his application, the post should go to Mr. Toto who had
previously demonstrated an ability to make the daytime meetings. VIII.
DISCUSSION ITEMS Nothing at this time. IX.
CORRESPONDENCE Nothing at this time. X.
SCHEDULE NEXT BOARD MEETING XI.
ADJOURNMENT The meeting
of the regular session of the Board was adjourned at 4:22 p.m. Respectfully
Submitted, ___________________________________
_____________________________________ Sherry Haddox, Recording Secretary Secretary, Board of Directors
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