BIRCH BAY VILLAGE COMMUNITY CLUB BOARD OF DIRECTORS REGULAR MEETING FEBRUARY 21, 2013 7:00PM AT THE CLUBHOUSE 8181 COWICHAN ROAD MINUTES Call to Order: 7:00pm Roll Call: Peter Winterfeld, President Present Ken Davidson, Vice-President Excused Terry Sullivan, Secretary Present Harry Shearer, Treasurer Excused Valery Anderson, Director Present Jim Lockie, Director Present Eric Peters, Director Present Ken Hoffer, General Manager Present Esther Matter, Office Manager Present (Recording Secretary) Agenda: Motion made by Terry Sullivan, seconded by Eric Peters and carried to accept the Agenda with the addition of Closed Session Decision under Other Board Business. Homeowner s Presentations: Priscilla Ott, Div. 12C, Lot 108, inquired on enforcing the rules for living in a motor home parked on a property, and added that compliance should inspect one on Skeena Way. Also, wanted to encourage management, or the board, to recognize and thank the owners who have been cleaning up their properties particularly in Div. 7 and 12M. Approval of Minutes: Approval of the minutes for the regular session meeting of January 17, 2013: Motion made by Jim Lockie, seconded by Eric Peters and carried to approve the regular session minutes of January 17, 2013 as written. Approval of the minutes of the work session meeting of February 13, 2013: Motion made by Eric Peters, seconded by Terry Sullivan and carried to approve the work session minutes of February 13, 2013 as written. Committee Reports: ACC Ken Woods An owner complained about a neighbor s trees and plants being too high in the 35 setback. The ACC determined there was no issue as the trees were not along the waterfront. The plants in question have not grown yet; the office is trying to work with the owners. Two letters of interest were submitted to serve on the ACC. Both Jim Baker and Carl Garlow gave up their positions to allow for vacancies. Motion made by Eric Peters, seconded by Valery Anderson and carried to accept Terry Garrow and Tom Wright as new members of the ACC. The board accepted the minutes as written. Marina Committee A change to the Marina Rules & Regulations Definition 1.3 was submitted for approval. The change included how to measure the docks, but also included renting part of a full slip. The board decided to discuss the issue of subleasing further during a work session.
Environmental Resources Management is currently looking into the permits for marina dredging in 2014. They are researching whether BBV would qualify for a federal maintenance permit that would be cheaper and quicker. The board accepted the minutes as written. Roads & Drainage Cliff Mallory There are a couple potential volunteers who may have letters in by the next meeting. The October minutes did not get approved because they were not available at the meeting. There is a drainage problem on Quinault Road with a couple private vacant lots. The issue is that Village equipment cannot be used on private property, so a survey and work would have to be done by the owners. A survey will be conducted along the easement, and the owner s will be contacted. The board accepted the minutes as written. Unfinished Business: Valery Anderson and Terry Sullivan surveyed the front gate and determined that the backside of the guard facility in the rock garden was the best spot for a reader board. For now the old reader board will be priced out for a new frame and structure. The office will need something in writing from the Social Club stating that the reader board was donated to the BBV for Village use and the approximate value for replacement purposes. For 2014 an LED reader board will be put in the budget. Valery Anderson will research costs and present information at the next board meeting. New Business: A rule prohibiting outside solicitation was in the packet for approval. Motion made by Terry Sullivan, seconded by Valery Anderson and carried to approve adding to the General Rules & Regulations 4.2 as well as the Post Orders 2.4 to state: Outside solicitation is prohibited within Birch Bay Village. Sales representatives will not be allowed entry, and if outside solicitation is found within the Village, Security will require that they cease immediately and if necessary escort them from BBV. For clarity and operational purposes, some changes were made to Policy Resolution #21-10- 18-12. Motion made by Valery Anderson, seconded by Jim Lockie and carried to accept the alterations to Policy Resolution #21-10-18-12 as presented which will replace the original copy (see attached). A change to the Policy Resolution #06-11-16-00 was submitted for approval. The changes include adding a fee schedule for continued non-compliance after a hearing. Motion made by Eric Peters, seconded by Jim Lockie and carried to approve the submitted changes to the Policy Resolution #06-11-16-00 as presented which will replace the original copy (see attached). The new government Health Care will not affect the Village until 2014. It might mean rate increases as the maximum out-of-pocket will be $2,000. Anything not covered medically, i.e. optical, dental, nutrition, etc. is separate from the insurance plan and will be researched by Snapper Schuler Kenner for the June insurance plan renewal. Manager s Report: Ken Hoffer The auditor finished his in-house review and will have a report when he is finished with the full audit. Dave Sawicki from BP has been working with Ken Hoffer on possible donations for the launch ramp project. Due to liability and other issues BP will not donate or fund the launch ramp project. Dave Sawicki recommended that Ken Hoffer write another letter requesting
that BP pay a yearly fee for the ability to use the Village marina facilities including the launch ramp. Eric Peters requested that Ken Hoffer also request a balloon payment upfront. The slope of the ramp will be determined by contacting the Port of Bellingham to figure out the governmental standard for slopes. The new berm proposed along Birch Bay Drive has been put on hold by BBWARM due to the high fecal matter found in the drainage. A new plan will need to be re-submitted to account for the drainage. A representative from the Public Works Department, Roland Middleton, gave a presentation during a Men s Coffee Group; he is willing to give a presentation for the Village. When a new plan is in place Ken Hoffer will contact him. Ken Hoffer has been in contact with Larry Vander Yacht from Vander Yacht Propane about converting vehicles to propane; Mr. Vander Yacht estimated about $4,200 to convert a vehicle to propane. The miles per gallon would be the same, but propane prices are less expensive than gas. Vander Yacht Propane would be willing to install a propane tank for free, but there is a monthly service fee. Also, permits and other restrictions would need to be researched and might make the cost for installation more expensive. Motion made by Terry Sullivan, seconded by Eric Peters and carried to convert the currents groundskeeper s truck to propane not to exceed $5,000, and to be taken out of contingency. o At least 1-2 other companies need to be contacted for a quote for the propane tank. As long as the propane tank does not exceed $1,000 for installation, management can go ahead with installation. There might be an option, though, to fill propane at local gas stations that have propane tanks. A Village-wide Clean-up day was suggested to help out owners with yard waste; last year about 2 dumpsters were filled and a larger chipper was rented. Motion made by Valery Anderson, seconded by Jim Lockie and carried to approve a Village-wide Clean-up Day for Saturday, May 18, 2013 from 10:00am to 4:00pm for yard waste only, the cost will be taken out of facilities maintenance. Members will be charged $10 per load and no outside waste will be accepted. Comcast has still not been out to survey the Village to quote bundling the internet, cable, and phone services. Ken Hoffer will research another company to contact. The maintenance New Holland tractor was taken in for winterization and the mechanics noticed that the Positive Take-Off (PTO) was spinning. The mechanics could not give a service cost estimate. Per resolution #14-12-20-07, management needs permission from the board to spend a large amount of money; Ken Hoffer therefore requested permission to go ahead with trying to fix the PTO due to the safety hazard of the problem. Motion made by Eric Peters, seconded by Terry Sullivan and carried to allow the maintenance New Holland tractor s PTO to be fixed due to the safety hazard. The fire marshal was asked if the current occupancy sign at the clubhouse had to be in the location it is currently at. The fire marshal responded that it was the most conspicuous area and therefore should remain in that spot. A letter was given to Ken Hoffer requesting their late fee be waived due to medical issues. Ken Hoffer presented the request to the board. By consensus the board will waive the late fee as long as the member has never been late before. Compliance: A hearing is scheduled for March 13, 2013 at 10:00am at the maintenance meeting room to discuss relinquishing membership privileges for a member that has continually had unsightly conditions and not brought the property into compliance.
The owner with the dirt piles on Salish will be taking them off in the Spring or Summer. Correspondence: There was no other correspondence other than the letter read by Ken Hoffer during the management report. Other Board Business: Decision of the closed session hearings: Motion made by Eric Peters, seconded by Valery Anderson and carried to proceed with the liens against the properties discussed during the closed session hearing, as well as declare the members not in good standing and revoke all membership privileges including the right to use the private roadways. Motion made by Eric Peters, seconded by Terry Sullivan and carried to let Ken Hoffer and Peter Winterfeld work with one of the owners who has been hospitalized to come up with a fair and equitable resolution. Adjourn: Motion made by Valery Anderson, seconded by Jim Lockie and carried to adjourn. Meeting adjourned at 9:50pm
POLICY RESOLUTION NO #21-2-21-13 PURPOSE: To Establish a Policy, which will allow Birch Bay Village Community Club, Inc. Management to collect unpaid annual assessments, special assessments, dues and other monies owed to the BBVCC from Members. WHEREAS, It has become necessary to revise Policy Resolution No. 19-02-16-12, which shall be consistently followed by Birch Bay Village Community Club, Inc. to collect unpaid monies owed to BBVCC. NOW, THEREFORE, BE IT RESOLVED: That the following steps shall be taken by the BBVCC Management to collect overdue unpaid monies. 1. Annual Assessments are due January 1 st and shall be paid in full no later than January 31 st. The Member may elect to pay: a) semi-annual, equal to one half of the annual assessment plus a $15 fee b) quarterly, equal to one quarter of the annual assessment plus a $10 fee to each payment c) monthly, equal to one twelfth of the annual assessment, plus a $5 fee to each payment The first payment with fee is payable no later than January 31 st. The member will sign an agreement describing the payment terms with the exception of annual and semi-annual payments. The second semi-annual payment would be payable the first day of July. Quarterly and monthly remaining payments would be due the first of each quarter or month. 2. If a Member has not paid the annual assessment by January 31 st, and has not agreed to an alternative payment plan, an additional invoice will be issued requesting payment plus a late fee equal to 10% of the balance owing. 3. The February letter with invoice shall state that if the defaulted assessment plus late fee is not paid by the last day of February, the Board will propose suspension of certain Membership amenities (declaring a Member not in good standing ), and implement the rights to impose a registered lien with Whatcom County including legal fees, interest, and lien fees. The Board then will set a date for the Pre-Sanction Hearing. The Board will follow the Hearing process as outlined in BBVCC Bylaws section 7.9. The Member will be sent a certified letter advising that the Member has the right to address the Board on the date specified. The letter is to be sent at least 14 days prior to the hearing. 4. The process described in paragraph 2 will be followed any time a scheduled payment is not made during the month scheduled. 5. If the defaulted installment plus late fee is not made by the end of the period as stated in the letter the Board will follow the process outlined in paragraph 3. 6. Members who owe previous year s assessments and have been declared members not in good standing must sign an agreement to a payment plan that will make a positive effort towards back-owed assessments and the current year s assessments. Once a payment agreement is signed by the owner and office personnel the owner will be allowed use of the private roadways with entrance through the visitor lane. Barcodes and access to amenities will be restricted until all previous year s assessments are paid and the account is brought up to date.
POLICY RESOLUTION NO #06-02-21-13 PURPOSE: To Establish a Procedure to Suspend a Member and To Levy Fines against a Member Declared by the Board to be a Member Not In Good Standing. WHEREAS, it may become necessary to suspend a member when that member has violated those rights as described in the Club Bylaws section 4.5.2 (Rights And Privileges-Conditioned On Compliance With Governing Documents) or other section(s) of the governing documents; and to levy fines against a member previously declared to be a member not in good standing and NOW, THEREFORE, BE IT RESOLVED: When it becomes necessary; To suspend the privileges of a member as described in the governing documents or, To impose fines on a member who has previously been declared a member not in good standing. The following procedure and steps will be employed to declare a member not in good standing or to levy fines against a member previously declared not in good standing. I. Process for Declaration 1. A clear violation of the governing documents must be evident including all documentation, evidence of the alleged violation and correspondence with that member leading up to the proposed suspension. 2. When the Board proposes suspension of membership rights (declaring a member not in good standing ), a fine, or Special Assessment for misconduct under sections 4.5.2, 7.5, 7.6 or any other section of the Bylaws, the alleged offending Owner shall be afforded the opportunity for a hearing by the Board to determine the appropriateness of the action proposed to be taken. A hearing will be governed by the procedure set forth in part 3 of this resolution. (Reference bylaw section 7.9 Pre-Sanction Hearing). 3. At least fourteen (14) days in advance of the hearing, written notice of such hearing shall be hand-delivered or mailed by registered or certified mail, return receipt requested, to the Owner at the Owner s last known mailing address. The notice shall include
(a) The place, day and hour of the hearing; (b) A statement, in reasonable detail, of the factual nature of any alleged violations, along with the section number of any portion of the Act or Governing Documents allegedly violated; and (c) The nature of the action proposed to be taken against such Owner. (Reference bylaw section 7.9.1 Notice of Hearing). 4. The President, or designee, shall preside at the hearing, which shall be conducted generally in accordance with the requirements for Meetings of the Board as provided in Section 5.2 and/or 5.2.6 of these Bylaws. Any Director who feels that it would be impossible to be fair, objective and unbiased in the proceedings shall disqualify him/herself prior to the commencement of the hearing. Both the subject Owner and the Club may be represented by counsel. Minutes shall be taken and, if requested by either the Club or the Owner, the hearing may be recorded either stenographically and/or by audio or videotape or equivalent means. After receiving proof of the notice required by Section 7.9.1 of these Bylaws, factual evidence in support of the allegation that a violation has occurred will be received. Live testimony from witnesses with personal knowledge shall be received where practicable. Affidavits or declarations in the form required by RCW 9A.72.085 may, however, be received in lieu of live testimony as the interests of justice may require, and formal adherence to legal rules of evidence shall not be required. Thereafter, evidence from the Owner, in defense or toward mitigation, shall be received. Any rebutting evidence may then be received. Legible copies of all documentary evidence received shall be attached to the minutes of the hearing. At the close of the evidence, both sides shall have the opportunity for legal argument. (Reference bylaw section 7.9.2 Hearing Procedures) 5. If the Owner fails to appear at the hearing, (s)he may be found in default if there is proof that the Owner received proper notice of the hearing. In such case, the Board may render an immediate decision based upon receipt of evidence supporting the existence of a violation. (Reference bylaw section 7.9.3 Default). 6. In the interests of justice, the Board may continue the hearing at the request of either the Owner or the Club, for such reasonable period not to exceed thirty (30) days. (Reference bylaw section 7.9.4 Continuances). 7. The Board may issue its decision at the close of the hearing or at a later date, not to exceed thirty (30) days following the date of the hearing or any continuation. The decision shall be in writing, but need not contain detailed findings of fact or conclusions of law, and shall be delivered or mailed to the Owner and owner s attorney on the date of issuance. The original copy of the decision shall be dated and signed by the presiding Officer and filed among the minutes of the Board of Directors. (Reference bylaw section 7.9.5 Decision)
8. The Board may, with or without holding a hearing and at any time prior to rendering its Decision, accept from the Owner an Assurance of Voluntary Compliance in lieu of further proceedings, subject to reasonable terms and conditions. (Reference bylaw section 7.9.6 Assurance of Voluntary Compliance in Lieu of Hearing). 9. In addition to the rights, remedies and procedures described above, the Club may, with the consent of an affected Owner and/or any other interested party, agree to resolve any dispute through mediation, binding or non-binding arbitration, or such other alternative dispute resolution mechanism as may be deemed appropriate, at the discretion of the Board. (Reference bylaw section 7.10 Alternative Forms of Dispute Resolution Authorized). 10. The following sections, but not limited to the following sections, of Revised and Restated Bylaws of Birch Bay Village Community Club, Inc. may also apply. (a) Section 4.5.2 Rights and Privileges Conditioned on Compliance with Governing Documents. (b) Section 7.6 Liability for Conduct Causing Common Expense. 11. A notice similar to attachment 1 contained herein shall be delivered in the manner decried in section 3 of this document pursuant to bylaw section 7.9.1 Notice of Hearing. 12. All documents, correspondence and records having to do with the alleged offence shall be held in the Clubs records for no less than 5 years including copies of the correspondence required in section 7 of this document. II. Process for Levying Fines Related to Member Not in Good Standing 1. Failure to comply with declaration of the Board described in Section I of this document will constitute an automatic fine without further review of the Board if; a. Not correction within 30 days of the Declaration or if, b. Not correction within the time limit set by the Declaration (not be less than 30 days of the Declaration). Then; 2. A fine of $500.00 will be levied with, 3. An interest rate of 8% per annum for unpaid fines and, 4. For violations not corrected within 90 days, unless provided for in the Declaration, the Board will seek legal action. DATE OF ADOPTION, 2013 ATTEST: SECRETARY
Attachment #1 TO: Owner(s) name(s) Address FROM:, General Manager DATE NOTICE OF HEARING Name, Owner Div. XX, Lot YY, BBVCC Is requested to appear before the Birch Bay Village Board of Directors, month day, 20 @ 7:00 p.m. at the Birch Bay Village Clubhouse; Failure to Comply with Governing Documents, (specify/describe alleged violation) The action proposed to be taken is a suspension of membership rights (declaring a member not in good standing ) under sections 4.5.2, 7.5, 7.6 and/or other section(s) of the Bylaws that may apply. Reference the following sections of Revised and Restated Bylaws of Birch Bay Village Community Club, Inc. 4.5.2 Rights and Privileges Conditioned on Compliance with Governing Documents. 7.2 Legal Proceedings 7.3 Costs and Attorney s fees 7.5 Fines 7.6 Liability for Conduct Causing Common Expense 7.9.2 Hearing Procedures. 7.9.3 Default 7.9.4 Continuances 7.9.5 Decision 7.9.6 Assurance of Voluntary Compliance in Lieu of Hearing 7.10 Alternative Forms of Dispute Resolution Authorized