Willow Creek Ranch Board Meeting Date: September 26, 2015 Time: 1:00 PM Place: Kingman Christian Church, 2830 Gordon Avenue, Kingman, Arizona 1). Call to Order/ Announcement Regarding Comment Sheets ( Members comments will be Time Limited) President Dayton Girdner calls meeting to Order at 1:00 PM. 2). Roll Call-Recognition of All Guests / Welcome New Guests Dayton Girdner, President, Director Jeanne Rodak, Corresponding Secretary, Director Jess Peters, Director Christine Abrahamian, Director Landon Pippin, Vice President, Treasurer, Director Dwight Geer, Director Ron Henderson, Director John Goossens, Road Committee Chairman (Absent) Reva Miles, Recording Secretary According to Attendance sheet in attendance were: Betty Gindlesperger, Elaine Cavanaugh, Nancy Pippin, Skip and Leslie Porter, Scott and Frances Meyer, Bud Forman, Peter and Elaine Churcher, Mike and Carla Hancsarik, Linda Andrews, Lisa Illman, Sean and Elise Harron, Randall Grubbs, Connie Gist, Linda Geer, Denise Rogerson, Jean Brown, Terri Goossens, Matt Turckel and Tom Smith. 3). Approval of Agenda President Dayton Girdner made motion to approve agenda. Seconded by Landon Pippin. 4). Approval of Minutes-July were completed via email. Special Meeting of 8/14/15 to be voted on President Dayton Girdner announces that minutes for the July meeting were approved by email. 1
Vote: For 5-( Jeanne Rodak, Christine Abrahamian, Landon Pippin, Dayton Girdner, Jess Peters) 1 Against(Ron Henderson)- 0 Abstain Dwight Geer was not in attendance of the July meeting. Discussion: Director Ron Henderson voiced his objection to personal comments within the minutes. He feels they are selective and everybody's comments should be added or none. Motion: President Dayton Girdner made a motion to approve minutes from special meeting of 8/14/15. Seconded by Landon Pippin. Vote: For 5(Dayton Girdner, Jeanne Rodak, Landon Pippin, Jess Peters, Christine Abrahamian)-1 Against(Dwight Geer)-1 Abstain(Ron Henderson) Director Ron Henderson voted Against minutes of 8/14/15 which he was not in attendance, therefor his vote was changed to an Abstain. 5). Officers Reports A). Secretary Reports(Secretary Rodak and Asst. Mrs. Miles) 1). Correspondence Director Jeanne Rodak received a letter from Juanita Cooper in regards to the corruption at Peach Springs School District. She would like this letter circulated for all members of the POA to read. Bud Foreman states that C.R.E.A.T. has actions going against the school district. To hold out on sending out any information at this time. She also says there are several letters regarding the roads. John Goossens has them in his presentation on the road report. Director Jeanne Rodak had also received a letter from Elise Harron, stating that the POA had refused to take road chip material to use on ranch roads. This is not true, there was no place for the POA to store the materials, until they could be spread on ranch roads. Since then John Goossens has received permission from Mr. Shutz to stock pile it on his property across from the mail box area. Director Rodak has received a few emails from members that feel these millings are toxic and shouldn't be used on our ranch roads. She assures everyone that they won't be used in any wash areas or creeks. Matt Turckel asked permission if he could put road chip material on Bobcat Way. He was given permission in a letter from John Goossens to put the millings on his road. 2
B). Treasurer Report 1). Financial Report (see attachment) as of September 21,2015 2). Check requests Treasurer Landon Pippin has 10 checks that have already been approved and require signatures, and 2 that need approval. Motion: Treasurer Landon Pippin made motion to reimburse Jeanne Rodak $239.07 for postage and supplies for newsletter. Seconded by Dayton Girdner. Vote: For 7 (unanimous) Motion: Dayton Girdner made motion to pay Treasurer Landon Pippin $150.00 for expenses, for August and September of 2015. Seconded by Jess Peters. Vote: For 6- Against 0-Abstain 1(Landon Pippin) 3). Updates on Liens/ Property Acquired Foreclosure on Unit 3 Parcel 77, the processor is still trying to deliver the papers. Board has already approved money for this foreclosure unit 8, parcel 249. This particular property has been in bankruptcy for the last five years. Director Landon Pippin received a letter from the bankruptcy trustee that stated they have had no luck in selling this property. They are going to abandon the property and turn it back over to the owner. He has filed a lien on this property and started the foreclosure process. He has been contacted by the owner and she will pay everything that is owed by the end of year. Motion: President Dayton Girdner made motion to waive late fees and administration fees until the end of year. Seconded by Ron Henderson. Motion: Director Ron Henderson made motion to accept Treasurers Report. Seconded by Jeanne Rodak. 3
6). Committee Reports A). Road Reports / Update on Road Work and Volunteers / Recommendations on Future Projects / Presentations by Chairman John Goossens As you know the Volunteer Road Crew has continued to diligently work on our roads to ensure the clear passage for all our owners. Over the past two months the crew has worked at Lookout Canyon, Flying Eagle, Mapuana Trail, WCR-8, WCR-9, WCR-2 and Wapiti Drive. Never has this ranch seen such a willingness of dedicated people with the desire to help others. Next time you see these folks take a moment to say thank you..dave Mikuski, Landon Pippin, Skip Porter, Gunny, Jess Peters, Dayton Girdner. Emails of thanks, Sheri Kanke wants to thank the volunteer road crew that came out to repair WCR-8. All of us on WCR-8 deeply appreciate the work. Clare Jones, says thanks to the volunteer road crew who worked on improving Mapuana Trail before I arrived home from the hospital. It is not perfect and likely never will be, but is in much better shape than it was previously. Your work is appreciated. Larry & Mary Anne Ray, thank you, for your rapid response to our road problem. We do understand about roads that are more heavily traveled having a much higher priority, so we are doubly grateful for your attention to our problems. It s important to note that all the labor provided over the past two months was donated. No Labor cost to our POA. Current Projects: Lookout Canyon Road, North Mohave Kid Road, South Mohave Kid Road, East Eleka Trail, Marble Hill, North Velvet Antler Road and stock piling material around the ranch to be used for emergency road repairs. At the road committee meeting it was reviewed the equipment still needed, a 725 gallon water tank, trailer and pump. The board approved the purchase of this equipment in the July meeting with a not to exceed budget of $4,530. 00. The committee is currently looking for the portable water delivery system. 4
The issue/concern regarding Butterfly Easements was raised during the road committee meeting. It was noted that these easements are owned by the developer, United Reality. The road committee chairman contacted United Reality to verify ownership of the easements. And to seek permission from United Reality to make repairs or alterations to these easements. Over the past two months the volunteer road crew moved 84 loads of material on the ranch. If the POA had contracted the work that was completed over the past two months the POA would have paid over $10,000.00. In addition, the response time by the volunteer road crew is within days rather than a week or more. It was also determined that the next project should be on the South side of the ranch on North Willows Ranch Road. The road committee repectfully requests the approval of a concrete wash crossing with water controlled curbing. The cost of the project is $9,010.16, project #1017. Thank you, to John Goossens. Motion: President Dayton Girdner made motion to accept the road committee report. Seconded by Jess Peters. Vote: 7 (unanimous) Rules and Regulations Committee B). Rules & Reg. s Comm. Conflict of Interest Policy to be Revised to our R&R s-discussion Discussion: Director Dwight Geer feels that the wording and terminology is incorrect. Director Jeanne Rodak says she had taken the wording straight from the Arizona Revised Statutes from non-profit corporations. President Dayton Girdner states, if a conflict of interest were to come up with a person on the Board of Directors. The board can appoint an Executive Committee, which would exclude the board members involved in the conflict of interest. It was decided to add the definition of Executive Committee to read all the board members not involved in the conflict of interest. Director Landon Pippin said, lets take a vote on adding to the definition, and then take a vote for changing the wording throughout the document. Motion: President Dayton Girdner made a motion for just a definition of the Executive Committee to be included. Seconded by Jess Peters. 5
Vote: For 5(Dayton Girdner, Landon Pippin, Jeanne Rodak, Jess Peters, Christine Abrahamian)-1 Against(Dwight Geer)-1Abstain(Ron Henderson) There was no point in taking a vote on changing the wording through out the document, because it passed to include just a definition. 7). Unfinished Business A). Update on Bidding via email ended 9/25/15. For parcel 221 Discussion/ Award of parcel. Director Jeanne Rodak said, the bidding was awarded to the highest bidder which was $15,000.00. President Dayton Girdner states that we had approximately $4,381.79 invested in clearing the property of debts. We now have $10,000.00 for future road repairs. Director Ron Henderson states that since this is the first time of doing this bidding process. Is their any problems that have risen that we should be aware of? Director Jeanne Rodak says she did have to extend the auction from 5 p.m. till 5:30 p.m. because her internet failed. She sent out an email letting all the bidders know that it had been extended to 5:30 p.m. Director Jeanne Rodak states that it would be easier to send out flyers to everyone. And have closed bidding sent to a third party and sealed bids be opened on the day of the meeting. Director Landon Pippin explained to the members that we didn t foreclose on this property. The owner didn t want to pay back taxes or dues and decided to just give it to the POA. Carla Hancsarik was being disruptive and President Dayton Girdner asked her to be quiet. Motion: Director Ron Henderson made a motion that all bidding for property be shared, with times and dates after 5 p.m. incoming and out going emails. Seconded by Dwight Geer. Vote: For 5 (Christine Abrahamian, Jess Peters, Ron Henderson, Dwight Geer, Landon Pippin)-1 Against (Dayton Girdner)-1 Abstain (Jeanne Rodak) 8). New Business A). Minutes Approval by email for this meeting. Motion: President Dayton Girdner made a motion to approve minutes from this meeting via email. Seconded by Jess Peters. 6
Vote: For 6-1 Against(Ron Henderson)-0 Abstain Motion: Failed Must be unanimous for this to pass. Director Ron Henderson reiterated that he believes that members personal comments should not be entered into the minutes. B). Motions to be made regarding disciplinary actions Director Landon Pippin says there was a letter sent out by Concerned Neighbors to all of the membership. This letter recommended certain people be elected to the board. Mr.Cavanaugh made another false allegation by email that this letter was funded by the POA, by providing postage and office supplies. Director Landon Pippin states that he knows this is not true. He is also very tired of these false allegations towards him and other members of the board. Our Rules & Regulations, CC&R s, Bylaws have nothing that provide and instrument by which we can take any actions against people like Mr.Cavanaugh. The Arizona Revised Statute does have something, A.R.S. Title 10, Chapter 29, Article 3, Section 10-3621. Motion: Director Landon Pippin made a motion for the Corresponding Secretary Jeanne Rodak, to prepare a letter of disciplinary actions against Mr.Cavanaugh. For the injustices that he has created in the last 3 to 4 years. That he will be suspended for no less or no more than 2 years. Mr.Cavanaugh can challenge these allegations within a 6 month period. 1). Knowingly attempting to induce a member of the board to breach his duty to the association. 2). Voting another property owners votes without the benefit of a required proxy. By his own written admissions for a period of 9 years. 3). Making false and baseless allegations both verbal and written. That the treasurer had misappropriated or stolen POA funds. This was proven false by a financial compilation by a certified public accountant. 4). Transmitting numerous unfounded and false reports to property owners concerning the finances, road maintenance and or management of the association. In an effort to discredit one or more members of the board. 5). Making false and baseless allegations in writing asserting that certain officers of the association. Used POA funding for postage and office supplies in a mail out, supporting certain candidates in an effort to influence the July 15, 2015 annual election. 7
Director Landon Pippin says all of these injustices are documented for which there is no defense. Seconded by Dayton Girdner. Betty Gindlesperger, Connie Gist, Scott Meyer, Elise Harron are all out of order and being very disruptive. President Dayton Girdner reminded members that there is a Sergeant of Arms here today, and they will be removed if necessary. Vote: For 3(Landon Pippin, Jeanne Rodak, Dayton Girdner)-2 Against(Ron Henderson, Dwight Geer)-2 Abstain(Jess Peters, Christine Abrahamian) There was an incorrect reading of motion shouted out by a member of the audience which was Mr. Meyer by voice recognition on tape as a Failed Motion when in fact this motion was passed by majority. C). Road Projects-Discussion, Vote Motion: President Dayton Girdner made motion to approve Road Project #1017 on the south side of $9,010.06 per the bid price. Seconded by Jess Peters. Discussion: Director Ron Henderson would like a list of all the jobs scheduled that have been done, and all the ones that are on the schedule to do. There was only one bidder on this contract and that was D&C Construction. President Dayton Girdner would like to appropriate money for repair work on WCR-5 by Willow Creek. He says a Ram at $125.00 an hour or a Backhoe at $95.00 an hour is needed for this project. Director Ron Henderson said we should look into putting a cattle guard in, to replace the gate on the shortcut. Motion: President Dayton Girdner made motion for $2,000.00 for two months, October and November with a full review on where the money is spent. And then renegotiate if we need more money at that time. 8
D). Conflict of Interest Policy added to R&R s- Vote (Already discussed and Voted) 9). Public Comments A). Per Comments Sheets filled prior to and during meeting. There is only one and that was Cathy Kingcade. She received her welcome package with the usual information, which all new property owners receive. She suggest that the packet include a request for the new owners email address. She also asked if the road equipment is available for people who know how to use it on the ranch roads. President Dayton Girdner informed her that the person would have to pass the test on the use of the equipment. She wanted to know how to sign up for the volunteer road committee? She was told to contact John Goossens, and his email was provided. 10). Adjournment-Motion, Second, Vote Motion: President Dayton Girdner made motion to Adjourn meeting at 3:08 P.M. Seconded by Landon Pippin. WCR Recording Secretary Reva Miles 9