Regular Board of Directors Meeting: May 21, 2015

Regular Board of Directors Meeting: May 21, 2015 BBVCC Clubhouse (8181 Cowichan Road) CALL TO ORDER: Board President, Harry Shearer, called the meeting to order at 6:30pm ROLL CALL: Harry Shearer, Board President Present Peter Winterfeld, Board Vice-President Present Jim Lockie, Board Treasurer Present Valery Anderson, Board Secretary Present Don Hubert, Board Member Present Eric Peters, Board Member Excused Terry Sullivan, Board Member Present Ken Hoffer, General Manager Present Esther Matter, Office Manager (recording secretary) Present CLOSED SESSION Motion made by Peter Winterfeld, seconded by Valery Anderson and carried to move into a Closed Session at 6:30pm. o A Board Hearing was held with Mr. Nicon, Div. 11A Lot 14 and Div. 11C Lot 39, to discuss dues owing. o No action was taken. Motion made by Peter Winterfeld, seconded by Valery Anderson and carried to close the Closed session meeting at 7:00pm. Motion made by Peter Winterfeld, seconded by Jim Lockie and carried to move back into an Open Session at 7:00pm. AGENDA Motion made by Peter Winterfeld, seconded by Jim Lockie and carried to accept the agenda as written. HOMEOWNER S PRESENTATIONS: Michael Duffy, Div. 15A Lot 51: As representative of the Pickle Ball Group, Mr. Duffy requested the Board allow the Pickle Ball Group to paint lines over the tennis court adjacent to the Pickle Ball Court, to create an additional Pickle Ball Court which could be used by the general membership, and keep the main Pickle Ball Court locked. Hopefully this will cut down on theft and vandalism. o Harry Shearer stated that the Board would consider the Pickle Ball Group s request. 1

MINUTES: Motion made by Don Hubert, seconded by Valery Anderson and carried to approve the regular session board meeting minutes of April 16, 2015 as written. COMMITTEE REPORTS: ACC Valery Anderson (Board liaison) One of the projects was tabled because it was listed as a shed but exceeded the allotted size for a shed. The building cannot be used strictly as a storage building, but will be classified as a workshop, once the plans are updated to reflect that change, the project will be approved. Motion made by Jim Lockie, seconded by Terry Sullivan and carried to accept the ACC minutes of May 5, 2015. Golf Committee Rob Goodman (chairman) A Golf Course Architect submitted plans to the Golf Committee which were unanimously approved by the committee to send to the Board for approval. The architect received input from Steve Brand (Greens keeper), Joe Holdridge (Golf Pro), Rob Goodman (Golf Committee Chair), Jim MacMillan (Golf Club President), as well as others. Pricing estimates and a timeline will be brought to the Board when they are known. The project will be completed in at least four (4) Phases. Motion made by Peter Winterfeld, seconded by Valery Anderson and carried to accept the concept design from Ted Locke subject to budget constraints. Motion made by Don Hubert, seconded by Terry Sullivan and carried to accept the Golf Committee minutes of May 14, 2015. Marina Committee Don Hubert (board liaison) A request from a member to buy more than two marina keys was given to Harry Shearer. The Board agreed to let Ken Hoffer handle the request and voiced their agreement that the rules state two (2) keys and that should be enforced fairly to everyone. Motion made by Jim Lockie, seconded by Peter Winterfeld and carried to accept the Marina Committee minutes of May 12, 2015 as written. Roads & Drainage Cliff Mallory Huizenga Enterprises submitted a bid for crack sealing. They are the only crack sealing company in the area willing to come to Birch Bay Village to do crack sealing. Motion made by Jim Lockie, seconded by Terry Sullivan and carried to accept Huizenga s bid for road crack sealing not to exceed $12,000 and tennis court crack sealing not to exceed $500. Whatcom Builders, WRS, and Granite Construction will be submitting bids for paving o Some culverts need to be installed before work begins. Motion made by Peter Winterfeld, seconded by Jim Lockie and carried to accept the Roads & Drainage Committee minutes of May 14, 2015. 2

Lakes Ken Hoffer The Lakes Committee did meet in May, but no minutes have yet been submitted. The current system for lake treatment will continue. However, the committee has recommended a single application of Herbicide and Algaecide in May to replace the double application of herbicide in May. The lake compressors are beginning to make more noise indicating they could possibly break down at any time. The committee recommended that the Board plan on purchasing backup replacement compressors. Since the permit for carp can only be applied for every five (5) years, the committee decided to alter the lakes and ponds applications. Since the lakes application was done last year, they will apply for the pond permit in a year or two. Hopefully the low level of the lakes and ponds will increase with rain. UNFINISHED BUSINESS: Unsightly Conditions Rule Change Valery Anderson recommended changing see above to see 8.2 above. Motion made by Jim Lockie, seconded by Valery Anderson and carried to accept the General Rule & Regulation Unsightly Conditions rule change with the correction of see 8.2 above (see attached). AR&R Disclaimer Motion made by Jim Lockie, seconded by Don Hubert and carried to approve the AR&R Disclaimer, with the addition of Eric Peter s recommended sentence, pending attorney review and approval (see attached). Clean-up Day More volunteers are needed for the Clean-up day on May 30. Only bagged debris will be picked up at homes. NEW BUSINESS: Budget Meetings The 2016 Budget Meetings are scheduled for Thursday, July 30, 2015 at 10:30am, Friday, July 31, 2015 at 10:30am and Friday, August 7, 2015 at 10:30am (if needed). MANAGER S REPORT: Gas Dock Wireless Unit Maintenance mounted the wireless unit on Wednesday and the technician was able to program the system on Thursday. The only item left is that IT needs to link the system to the Office network. The unit is in Ken Hoffer s office, though, and is easier to get to. Blythe and Fire Suppression System Blythe has been taking more measurements and are working with the Fire Marshal. Employee Medical Insurance The BBV employee medical insurance will expire July 1, 2015. It appears that rates might increase and benefits decrease, however Ken Hoffer will meet with SSK to discuss the details. 3

Drones flying over BBV Ken Hoffer stated there have been reports of drones flying over BBV, and asked if the Board desired a policy for flying drones in BBV. The topic was tabled for the time being. Roger s Slough Reimbursement Kraig Olason from Whatcom County Public Works sent an update on the reimbursement to BBV for work on Roger s Slough. The notice was hopeful that compensation would be given to BBV for the work equivalent to employee hours and equipment use costs. FINANCIALS: Questions and errors The audit expense should be $10,000 instead of $1,000. Ken Hoffer will make inquiries as to where the bad debt came from. Some of the Roads & Drainage expenses should have been taken from reserves. The Marina income is at 69%, but there is still fuel, power, and monthly moorage coming in. CORRESPONDENCE: No correspondence needed action NON-COMPLIANCE: List The list was discussed at the work session on May 13, 2015. The Health Department was called out to inspect three (3) homes this year in BBV. ACTION ITEMS: Front flower bed sprinkler system The sprinkler system at the front gate will be installed on or by June 3, 2015. Ken Hoffer will consider lowering the listing price on the foreclosed lot. Ken Hoffer recommended removing the request for a restroom at #6 tee on the golf course. OTHER BUSINESS: Pickle Ball court request The Board did not want to restrict public access from the Pickle Ball Courts since they belong to the community. The Board recommended that the Pickle Ball Club lock up any belongings to keep items from going missing. Member concern The health of one of the member s in BBV is failing fast and he is unable to take care of himself. Harry Sharp wanted to make sure Security was aware and who to contact if he is having trouble or if someone else calls about him. ADJOURNMENT: Motion made by Valery Anderson, seconded by Jim Lockie and carried to adjourn at 9:12pm. 4

Unsightly Conditions GR&R 8 8.1 Unsightly conditions will not be tolerated. Debris, trash, rubbish, vehicles of any kind shall not be dumped, placed or permitted to accumulate on any portion of a lot. The exteriors of all structures must be maintained in a neat and orderly condition. Any other unsightly condition or exterior appearance that detracts from the overall appearance of BBV is not allowed. 8.2 For any unsightly conditions, a letter will be mailed to the owner of record within two (2) weeks, describing the unsightly conditions. Failure to remove the unsightly conditions and improve the appearance of the property will result in fines being levied. If the property is not improved within 15-days of the date in the letter, a progressive level of fines will occur per the following: 1 st letter - Warning (See 8.2 above) Further letters will be sent if the unsightly items are not removed or efforts made to fix the offending unsightly condition within that 15-day period from the date set in the letter. Each letter thereafter will include progressive monetary fines as follows: 2 nd Letter - $100.00 Fine & Vehicle Bar Codes will be deactivated and the owners will have to enter BBV through the Guest (Visitors) Gate. If the situation is still not remedied (or contact is not made and arrangements are not made with the BBV office) within the 15-days of the date set in the letter, progressive letters will be sent after each 15-day period after the date set in the letter with fines as outlined below: 3rd Letter - $300.00 Fine 4th Letter - $500.00 Fine 5th Letter - $1,000.00 Fine Failure to comply with these fines may lead to legal actions. All Fines may be appealed to the General Manager and/or the Board of Directors. 8.3 Nothing can be done to any portion of a lot that is unsanitary, unsightly offensive, or detrimental to persons using or occupying any other portions of BBVCC. Any disorderly, unsightly, or unkempt conditions that would cause embarrassment, discomfort, annoyance or nuisance to occupants of other portions of BBVCC or would be in violation of any law or governmental code or regulation is not allowed. (Current 8.2 becomes 8.4 Current 8.3 becomes 8.5 and so on). 5

ACC DISCLAIMER Disclosure and Acknowledgment: Birch Bay Village Community Club ("BBVCC") is a planned community subject to the Declaration of Rights, Reservations, Restrictions and Covenants of Birch Bay Village dated June 20, 1966, recorded at Auditor's File No. 1009345 (the "Covenants"). Section 8(c) of the Covenants provides that an architectural control and maintenance committee is to be formed and authorizes rules and regulations to be adopted to control and restrict development of properties within BBVCC. These Architectural Rules and Regulations as amended were adopted with the intention of creating and maintaining an aesthetically desirable community. The purpose of the Architectural Rules and Regulations are aesthetical in nature to control and restrict development to preserve property values and not intended to satisfy any governmental law, regulation, ordinance or code, including but not limited to any building code, fire code, zoning regulation, shoreline regulation, or any other city, county, state or federal rules, regulations, ordinances and codes. There are certain approval processes required in the Covenants and these Architectural Rules and Regulations. These approval processes and any final decisions or approvals obtained from BBVCC or the ACC do not in any way mean that the structure or project is compliant with any other laws, rules, regulations, or ordinances. Each project applicant is responsible for contacting any and all municipalities or agencies with jurisdiction over the property to ascertain what permits, processes, and approvals are necessary or required for the project. This is separate and apart from any requirements of the Covenants or Architectural Rules and Regulations. These Architectural Rules and Regulations may not be consistent with mandatory laws or regulations for development or use of property as detailed above, and approval pursuant to the Architectural Rules and Regulations does not supersede, contravene, or replace any other legal requirement. In the event of a conflict between these Architectural Rules and Regulations and any other laws, rules, regulations, ordinances, and codes, the project applicant must comply with whatever is the most restrictive. This document is intended to be in full compliance with all governing documents and policies of BBVCC. Should any part or parts of this document become in conflict with the governing documents or policies of BBVCC, then only that part or parts shall be void, the remaining document shall remain in force. 6