tag:blogger.com,1999:blog-76659739656463262142024-03-12T16:38:54.826-07:00Nellie Gail Ranch DiscussionA place for you to give input to our board, and learn what is going on. Be part of the solution!Unknownnoreply@blogger.comBlogger35125tag:blogger.com,1999:blog-7665973965646326214.post-11786070422730962532009-03-18T17:31:00.001-07:002009-03-18T17:31:43.262-07:00And the survey says......<span class="Apple-style-span" style="font-family: 'Trebuchet MS'; font-size: 12px; "><table width="100%" xmlns="http://schemas.microsoft.com/intellisense/ie5"><tbody><tr><td colspan="3" class="clsHeader" style="font-weight: bold; font-size: 16px; color: rgb(51, 102, 153); font-style: normal; font-family: 'Trebuchet MS', Verdana, Arial, Helvetica, sans-serif; text-align: left; padding-top: 30px; ">Homeowner Survey Results</td></tr><tr><td style="font-size: 12px; font-family: 'Trebuchet MS', Verdana, Arial, Helvetica, sans-serif; "><img src="https://www.associationvoice.com/images/1ptrans.gif" height="5" width="5" /></td><td class="clsCaption" valign="top" style="font-family: 'Trebuchet MS', Verdana, Arial, Helvetica, sans-serif; font-weight: normal; font-size: 12px; color: rgb(104, 104, 104); ">Summary:</td><td colspan="2" class="clsBodyText" width="100%" style="font-size: 12px; color: rgb(51, 51, 51); font-family: 'Trebuchet MS', Verdana, Arial, Helvetica, sans-serif; "></td></tr><tr><td style="font-size: 12px; font-family: 'Trebuchet MS', Verdana, Arial, Helvetica, sans-serif; "></td><td colspan="2" class="clsBodyText" style="font-size: 12px; color: rgb(51, 51, 51); font-family: 'Trebuchet MS', Verdana, Arial, Helvetica, sans-serif; "><p align="center" style="font-size: 12px; color: rgb(51, 51, 51); font-family: 'Trebuchet MS', Verdana, Arial, Helvetica, sans-serif; "><span style="text-decoration: underline; "><strong>Nellie Gail Ranch Owners Association</strong></span></p><p align="center" style="font-size: 12px; color: rgb(51, 51, 51); font-family: 'Trebuchet MS', Verdana, Arial, Helvetica, sans-serif; "></p><p align="center" style="font-size: 12px; color: rgb(51, 51, 51); font-family: 'Trebuchet MS', Verdana, Arial, Helvetica, sans-serif; "><b><span style="text-decoration: underline; ">Homeowner Survey</span></b></p><p style="font-size: 12px; color: rgb(51, 51, 51); font-family: 'Trebuchet MS', Verdana, Arial, Helvetica, sans-serif; "> </p><p style="font-size: 12px; color: rgb(51, 51, 51); font-family: 'Trebuchet MS', Verdana, Arial, Helvetica, sans-serif; ">1) Do you feel it is important to keep the original ranch theme of the community?</p><p style="font-size: 12px; color: rgb(51, 51, 51); font-family: 'Trebuchet MS', Verdana, Arial, Helvetica, sans-serif; "><strong> 441 Yes 67 No 21 No Opinion 15 Declined to Answer </strong></p><p style="font-size: 12px; color: rgb(51, 51, 51); font-family: 'Trebuchet MS', Verdana, Arial, Helvetica, sans-serif; ">2) Are you aware that architectural guidelines in effect from 1996 to 2005 specifically allowed for the following uses in the “open space” portion of your lot: “swimming pools; children’s play areas; single story recreational, storage or agricultural buildings; horse stables and corrals; tennis and sports courts”?</p><p style="font-size: 12px; color: rgb(51, 51, 51); font-family: 'Trebuchet MS', Verdana, Arial, Helvetica, sans-serif; "><strong> 375 Yes 129 No 32 No Opinion 8 Declined to Answer </strong></p><p style="font-size: 12px; color: rgb(51, 51, 51); font-family: 'Trebuchet MS', Verdana, Arial, Helvetica, sans-serif; ">3) Do you feel that our community’s original unique open space design with the undeveloped hills directly relates to our home values and the value of the community?</p><p style="font-size: 12px; color: rgb(51, 51, 51); font-family: 'Trebuchet MS', Verdana, Arial, Helvetica, sans-serif; "><strong> 456 Yes 61 No 18 No Opinion 9 Declined to Answer </strong></p><p style="font-size: 12px; color: rgb(51, 51, 51); font-family: 'Trebuchet MS', Verdana, Arial, Helvetica, sans-serif; ">4) Many residents feel that the removal of property rights in 2005 leaves Nellie Gail at great legal risk. Do you agree?</p><p style="font-size: 12px; color: rgb(51, 51, 51); font-family: 'Trebuchet MS', Verdana, Arial, Helvetica, sans-serif; "><strong> 234 Yes 83 No 181 No Opinion 46 Declined to Answer </strong></p><p style="font-size: 12px; color: rgb(51, 51, 51); font-family: 'Trebuchet MS', Verdana, Arial, Helvetica, sans-serif; ">5) Do you believe “open space” on the lots people own should be primarily for the owners of those lots to develop and use for their recreational pleasure?</p><p style="font-size: 12px; color: rgb(51, 51, 51); font-family: 'Trebuchet MS', Verdana, Arial, Helvetica, sans-serif; "> <strong> 404 Yes 106 No 20 No Opinion 14 Declined to Answer </strong></p><p style="font-size: 12px; color: rgb(51, 51, 51); font-family: 'Trebuchet MS', Verdana, Arial, Helvetica, sans-serif; ">6) Do you believe greater consideration should be given to providing an ambiance of openness for the entire community of Nellie Gail relative to personal enjoyment of the property?</p><p style="font-size: 12px; color: rgb(51, 51, 51); font-family: 'Trebuchet MS', Verdana, Arial, Helvetica, sans-serif; "> <strong> 268 Yes 179 No 66 No Opinion 31 Declined to Answer </strong></p><p style="font-size: 12px; color: rgb(51, 51, 51); font-family: 'Trebuchet MS', Verdana, Arial, Helvetica, sans-serif; ">7) Do you object to the use of natural, native plants in place of front yard lawns?</p><p style="font-size: 12px; color: rgb(51, 51, 51); font-family: 'Trebuchet MS', Verdana, Arial, Helvetica, sans-serif; "> <strong> 168 Yes 326 No 45 No Opinion 5 Declined to Answer </strong></p><p style="font-size: 12px; color: rgb(51, 51, 51); font-family: 'Trebuchet MS', Verdana, Arial, Helvetica, sans-serif; ">8) Should the guidelines allow the use of products such as synthetic wood and artificial turf in front yards?</p><p style="font-size: 12px; color: rgb(51, 51, 51); font-family: 'Trebuchet MS', Verdana, Arial, Helvetica, sans-serif; "> <strong> 192 Yes 210 No 41 No Opinion 101 Declined to Answer </strong></p><p style="font-size: 12px; color: rgb(51, 51, 51); font-family: 'Trebuchet MS', Verdana, Arial, Helvetica, sans-serif; ">9) Do you feel that allowing the grading of our<strong> </strong>slopes for uses such as sport courts, gazebos, game courts, play equipment and swimming pools will undermine Nellie Gail’s uniqueness and value as a community?</p><p style="font-size: 12px; color: rgb(51, 51, 51); font-family: 'Trebuchet MS', Verdana, Arial, Helvetica, sans-serif; "> <strong> 140 Yes 289 No 20 No Opinion 95 Declined to Answer </strong></p><p style="font-size: 12px; color: rgb(51, 51, 51); font-family: 'Trebuchet MS', Verdana, Arial, Helvetica, sans-serif; ">10) Do you believe proper screening using natural foliation can be used to allow residents to utilize their yards within the parameters established prior to 2005 without negatively impacting the open look and feel of Nellie Gail?</p><p style="font-size: 12px; color: rgb(51, 51, 51); font-family: 'Trebuchet MS', Verdana, Arial, Helvetica, sans-serif; "> <strong> 351 Yes 50 No 44 No Opinion 99 Declined to Answer </strong></p><p style="font-size: 12px; color: rgb(51, 51, 51); font-family: 'Trebuchet MS', Verdana, Arial, Helvetica, sans-serif; ">11) The CC&R’s state that development shall be in harmony with surrounding structures and topography. Do you believe the grading of open space for the construction of pool houses, sport courts and storage sheds produces an environment that is harmonious with the surrounding structures and natural topography of Nellie Gail?</p><p style="font-size: 12px; color: rgb(51, 51, 51); font-family: 'Trebuchet MS', Verdana, Arial, Helvetica, sans-serif; "> <strong> 278 Yes 124 No 32 No Opinion 110 Declined to Answer </strong></p><p style="font-size: 12px; color: rgb(51, 51, 51); font-family: 'Trebuchet MS', Verdana, Arial, Helvetica, sans-serif; ">12) Do you believe that well designed and properly screened structures such as pool houses, sport courts and storage sheds, auxiliary structures and swimming pools on areas other than the graded pad for residential construction, produces an environment that is harmonious with the surrounding structures and natural topography of Nellie Gail?</p><p style="font-size: 12px; color: rgb(51, 51, 51); font-family: 'Trebuchet MS', Verdana, Arial, Helvetica, sans-serif; "><strong> 328 Yes 90 No 24 No Opinion 102 Declined to Answer </strong></p><p style="font-size: 12px; color: rgb(51, 51, 51); font-family: 'Trebuchet MS', Verdana, Arial, Helvetica, sans-serif; ">13) Do you feel that it is fair to prohibit some Nellie Gail residents from having landscape features that others were in the past permitted to have?</p><p style="font-size: 12px; color: rgb(51, 51, 51); font-family: 'Trebuchet MS', Verdana, Arial, Helvetica, sans-serif; "> <strong> 171 Yes 242 No 35 No Opinion 96 Declined to Answer </strong></p><p style="font-size: 12px; color: rgb(51, 51, 51); font-family: 'Trebuchet MS', Verdana, Arial, Helvetica, sans-serif; ">14) Do you favor more aggressive enforcement of our CC&R’s?</p><p style="font-size: 12px; color: rgb(51, 51, 51); font-family: 'Trebuchet MS', Verdana, Arial, Helvetica, sans-serif; "> <strong> 188 Yes 205 No 56 No Opinion 95 Declined to Answer </strong></p><p style="font-size: 12px; color: rgb(51, 51, 51); font-family: 'Trebuchet MS', Verdana, Arial, Helvetica, sans-serif; ">15) Should the Association enforce minimum maintenance standards for properties, including use of legal action if necessary?</p><p style="font-size: 12px; color: rgb(51, 51, 51); font-family: 'Trebuchet MS', Verdana, Arial, Helvetica, sans-serif; "><strong> 379 Yes 55 No 20 No Opinion 90 Declined to Answer </strong></p><p style="font-size: 12px; color: rgb(51, 51, 51); font-family: 'Trebuchet MS', Verdana, Arial, Helvetica, sans-serif; ">16) Do you feel that we should protect the intent of our CC&R’s and architectural</p><p style="font-size: 12px; color: rgb(51, 51, 51); font-family: 'Trebuchet MS', Verdana, Arial, Helvetica, sans-serif; ">guidelines by maintaining our set backs?</p><p style="font-size: 12px; color: rgb(51, 51, 51); font-family: 'Trebuchet MS', Verdana, Arial, Helvetica, sans-serif; "> <strong>418 Yes 50 No 57 No Opinion 19 Declined to Answer </strong></p><p style="font-size: 12px; color: rgb(51, 51, 51); font-family: 'Trebuchet MS', Verdana, Arial, Helvetica, sans-serif; ">17) Should we as a community have a more stringent set of set back standards than surrounding communities?</p><p style="font-size: 12px; color: rgb(51, 51, 51); font-family: 'Trebuchet MS', Verdana, Arial, Helvetica, sans-serif; "><strong> 266 Yes 178 No 87 No Opinion 13 Declined to Answer </strong></p><p style="font-size: 12px; color: rgb(51, 51, 51); font-family: 'Trebuchet MS', Verdana, Arial, Helvetica, sans-serif; ">18) Should the Association regulate improvements that cannot be seen or heard by neighbors?</p><p style="font-size: 12px; color: rgb(51, 51, 51); font-family: 'Trebuchet MS', Verdana, Arial, Helvetica, sans-serif; "> <strong> 141 Yes 368 No 34 No Opinion 1Declined to Answer </strong></p><p style="font-size: 12px; color: rgb(51, 51, 51); font-family: 'Trebuchet MS', Verdana, Arial, Helvetica, sans-serif; ">19) Article VIII, Section 12 of the CC&Rs provides:</p><p style="font-size: 12px; color: rgb(51, 51, 51); font-family: 'Trebuchet MS', Verdana, Arial, Helvetica, sans-serif; ">“<span style="text-decoration: underline; ">Natural or Open Space Controls</span>. That portion of each Lot, other than the graded pad for residential construction, is hereby designated a natural or open space area and shall be subject to certain additional restrictions limiting the use thereof. Those areas shall be limited to the following uses:</p><p style="font-size: 12px; color: rgb(51, 51, 51); font-family: 'Trebuchet MS', Verdana, Arial, Helvetica, sans-serif; "> (a) Equestrian - including barns, stables, corrals, and similar facilities in connection therewith.</p><p style="font-size: 12px; color: rgb(51, 51, 51); font-family: 'Trebuchet MS', Verdana, Arial, Helvetica, sans-serif; "> (b) Agricultural - including animal husbandry (subject to County regulation), gardening, orchards, pastures, hothouses, greenhouses, etc., subject to the County Building Code.</p><p style="font-size: 12px; color: rgb(51, 51, 51); font-family: 'Trebuchet MS', Verdana, Arial, Helvetica, sans-serif; "> (c) Fire Hazard Reduction Regions.</p><p style="font-size: 12px; color: rgb(51, 51, 51); font-family: 'Trebuchet MS', Verdana, Arial, Helvetica, sans-serif; "> (d) Other similar open space uses.</p><p style="font-size: 12px; color: rgb(51, 51, 51); font-family: 'Trebuchet MS', Verdana, Arial, Helvetica, sans-serif; ">Does the phrase “other similar open space uses” above (Article VIII, Section 12(d) mean uses other than equestrian and agricultural?</p><p style="font-size: 12px; color: rgb(51, 51, 51); font-family: 'Trebuchet MS', Verdana, Arial, Helvetica, sans-serif; "><strong> 301 Yes 166 No 63 No Opinion 14 Declined to Answer </strong></p></td></tr></tbody></table></span>Unknownnoreply@blogger.com1tag:blogger.com,1999:blog-7665973965646326214.post-73217239511430774122009-02-19T16:16:00.000-08:002009-02-21T14:12:33.735-08:00Nellie Gail ARC Info, the real deal...<div style=";font-family:tahoma,new york,times,serif;font-size:12pt;color:black;"><p style="margin-bottom: 0.2in;"><span style="color: rgb(0, 0, 0);"><span style="font-family:tahoma,new york,times,serif;"><span style="font-size:100%;">I would appreciate you taking a few seconds to review this matter for the good of yourself, and the entire community</span></span></span></p><p><span style="font-family:tahoma,new york,times,serif;"><span style="color: rgb(0, 0, 0);"><span style="font-size:100%;">Some of you may have received a document, hand delivered to your door, that is truly a work of fantasy.<br />While some facts are true, most of it is constructed to manipulate you.<br /><br />Here are the facts:</span></span> </span> </p> <ul type="disc"><li><p style="margin-bottom: 0in;"><a rel="nofollow" name="lw_1234996354_0"></a><a rel="nofollow" name="lw_1234996784_0"></a><a rel="nofollow" name="lw_1234999471_0"></a> <span style="color: rgb(0, 0, 0);"><span style="font-family:tahoma,new york,times,serif;"><span style="font-size:100%;">The revised ARC guidelines restore your property rights that were taken away in 2005. Prior to 2005, the guidelines read <span style="color: rgb(31, 73, 125);">“</span>“<span style="font-size:85%;">Recreational uses shall be limited to landscaped areas; swimming pools; children’s play areas; single story recreational, storage or agricultural buildings; </span><span style="font-size:85%;"><span style="background: transparent none repeat scroll 0% 0%; -moz-background-clip: -moz-initial; -moz-background-origin: -moz-initial; -moz-background-inline-policy: -moz-initial;"><span class="yshortcuts" id="lw_1235088049_0"><span class="yshortcuts" id="lw_1235088838_0">horse stables</span></span></span></span><span style="font-size:85%;"> and corrals; tennis and sports courts.”</span></span></span></span></p> </li><li><p style="margin-bottom: 0in;"><span style="color: rgb(0, 0, 0);"><span style="font-family:tahoma,new york,times,serif;"><span style="font-size:100%;">From 1996-2005 ARC projects were supposed to be judged on their own merit. The new document reverts to those same values. You still can not build on more than 35% of your pad to maintain open space. Read the new document yourself.</span></span></span></p></li><li><span style="color: rgb(0, 0, 0);"><span style="font-family:tahoma,new york,times,serif;"><span style="font-size:100%;">These new revisions ARE NOT in conflict with the CC&R's. Dig out your copy and read them. They clearly state "other uses." That would imply the listed uses were not all that was approved, but were specifically mentioned so that they COULD NOT BE ELIMINATED, not that they were the only uses.<br /></span></span></span></li><li><p style="margin-bottom: 0in;"><span style="color: rgb(0, 0, 0);"><span style="font-family:tahoma,new york,times,serif;"><span style="font-size:100%;">The HOA is currently under threat of being sued, because people who bought their homes prior to 2005 with the expectation of being able to enjoy their property in compliance with the guidelines that WERE in place, are now no longer able to. This comes from Association Attorneys.</span></span></span></p> </li><li><p><span style="color: rgb(0, 0, 0);"><span style="font-family:tahoma,new york,times,serif;"><span style="font-size:100%;">I am for property rights. Many of us spent millions of dollars on these properties and should have the right to enjoy them, within reason. I want my property rights restored, responsibly, back to the way it was in 2005. in this economy we should encourage investment in our properties to keep our home values stable and have them increase.</span></span></span></p> </li></ul> <p style="margin-bottom: 0in;"><br /></p> <p align="center"><span style="font-family:tahoma,new york,times,serif;"><span style="font-size:100%;">The question I have for you is: Are these changes reasonable to YOU?</span></span></p> <p style="margin-bottom: 0.17in;"><a rel="nofollow" name="lw_1234996391_4"></a><span style="color: rgb(0, 0, 0);"><span style="font-family:tahoma,new york,times,serif;"><span style="font-size:100%;"><br />What ever your opinion, please send an email to your board of directors through: <a rel="nofollow" ymailto="mailto:admin@nelliegailranch.org" target="_blank" href="mailto:admin@nelliegailranch.org"><span class="yshortcuts" id="lw_1235088049_1">admin@nelliegailranch.org</span></a></span></span></span></p><p align="center"><span style="color: rgb(0, 0, 0);"><span style="font-family:tahoma,new york,times,serif;"><span style="font-size:100%;"><b>Don't let this very vocal minority continue to take away your rights. </b></span></span></span> </p> <p style="margin-bottom: 0.17in;"><span style="color: rgb(0, 0, 0);"><span style="font-family:tahoma,new york,times,serif;"><span style="font-size:100%;">- and pass this along to your friends so their opinion can be heard as well.<br /></span></span></span></p><p style="margin-bottom: 0.17in;"><span style="color: rgb(0, 0, 0);"><span style="font-family:tahoma,new york,times,serif;"><span style="font-size:100%;">Rebecca Zomorodian</span></span></span></p> <p style="border-style: none none solid; border-color: rgb(0, 102, 204); border-width: medium medium 1px; padding: 0in 0in 0.02in;"> <span style="color: rgb(0, 0, 0);"><span style="font-family:tahoma,new york,times,serif;"><span style="font-size:85%;"><i>To compel a man to subsidize with his taxes the propagation of ideas which he disbelieves and abhors is sinful and tyrannical. <span style="background: transparent none repeat scroll 0% 0%; -moz-background-clip: -moz-initial; -moz-background-origin: -moz-initial; -moz-background-inline-policy: -moz-initial;"><span class="yshortcuts" id="lw_1235088049_2"><span class="yshortcuts" id="lw_1235088838_1">Thomas Jefferson</span></span></span></i></span></span></span></p> <div><p class="MsoNormal"><span style="font-size:100%;"><i><span style=";font-size:10;color:black;" ></span></i><span style="color:black;"></span></span></p> </div> <p class="MsoNormal"><span style="font-size:100%;"> </span></p><p style="text-align: center;" class="MsoNormal"><span style="font-size:100%;"><u><span style="color:black;">Revised Guidelines may be found here:<br /></span></u><span style="color:black;"><a rel="nofollow" target="_blank" href="http://nelliegailranch.org/document/2363187671architectural_guidelines_draft_-mailed_version.pdf?8735"><span class="yshortcuts" id="lw_1235088049_3">Nellie Gail Ranch ARC Proposed Guidelines</span></a><u><a rel="nofollow" target="_blank" href="http://nelliegailranch.org/document/2363187671architectural_guidelines_draft_-mailed_version.pdf?8735"> </a></u>- or I would be happy to email you a copy.</span></span></p><p style="text-align: center;" class="MsoNormal"><span style="font-size:100%;"><span style="color:black;"><br /></span></span></p><p style="text-align: center;" class="MsoNormal"><span style="font-size:100%;"><span style="color:black;">Here are the current Guidelines - you may want to compare.</span></span></p><p style="text-align: center;" class="MsoNormal"><span style="font-size:100%;"><span style="color:black;"><a rel="nofollow" target="_blank" href="http://nelliegailranch.org/document/adopted_arc_guidelines_8_16_2005.pdf?10098"><span class="yshortcuts" id="lw_1235088049_4">http://nelliegailranch.org/document/adopted_arc_guidelines_8_16_2005.pdf?10098</span></a><br /></span></span></p><p style="text-align: center;" class="MsoNormal"><span style="font-size:100%;"><span style="color:black;">More information on this issue can be found at:</span></span> </p><ul style="text-align: center;" type="disc"><li class="MsoNormal" style="color:black;"><span style="font-size:100%;"><span style=""><a rel="nofollow" target="_blank" href="http://nelliegailranchowners.blogspot.com/"><span class="yshortcuts" id="lw_1235088049_5">Nellie Gail Ranch Owners Blog</span></a></span></span></li><li class="MsoNormal" style="color:black;"><span style="font-size:100%;"><span style=""><a rel="nofollow" target="_blank" href="http://www.ng4change.com/"><span class="yshortcuts" id="lw_1235088049_6">Nellie Gail 4 Change (NG4Change.com)</span></a></span></span></li><li class="MsoNormal" style="color:black;"><span style="font-size:100%;"><span style=""><a rel="nofollow" target="_blank" href="http://www.nelliegailranch.org/"><span class="yshortcuts" id="lw_1235088049_7">Official Nellie Gail Ranch Homepage</span></a></span></span></li></ul> <ul style="text-align: center;" type="disc"><li class="MsoNormal" style="color:black;"><span style="font-size:100%;"><span style=""><a rel="nofollow" target="_blank" href="http://www.ng4pr.com/"><span class="yshortcuts" id="lw_1235088049_8">Nellie Gail 4 Property Rights (NG4PR.com)</span></a></span></span></li></ul><p class="MsoNormal" style="margin: 0in 0in 0pt; text-align: center;"><span style="color: rgb(0, 0, 0);font-family:arial,verdana,sans-serif;font-size:100%;" >From the web site: "<span style="font-style: italic;">That’s all it took! Creation of an ad-hoc committee one meeting, approval of their recommendations the next and POOF - 30 years of precedents for property rights are gone! 5 individuals with an agenda took control of every homeowner’s back yard without the input of a single resident. </span></span><span style="font-style: italic;">As a result of the new Architectural Guidelines, the current Board now mandates that any use of "Open Space" be limited </span><span style="font-style: italic;font-family:Arial;font-size:12;color:black;" >exclusively</span> to equestrian or agricultural use . Any other use is prohibited.<span style="color: rgb(0, 0, 0);font-family:arial,verdana,sans-serif;font-size:100%;" > </span><span style="font-style: italic;"> </span><span style="font-style: italic; color: rgb(0, 0, 153);">This action was taken against the explicit recommendation of the retained <span class="yshortcuts" id="lw_1235088049_9"><span class="yshortcuts" id="lw_1235088838_2">Landscape Architect</span></span> at that time, <span style="border-bottom: 1px dashed rgb(0, 102, 204); cursor: pointer;" class="yshortcuts" id="lw_1235088049_10"><span style="border-bottom: 1px dashed rgb(0, 102, 204); cursor: pointer;" class="yshortcuts" id="lw_1235088838_3">Daniel Stewart</span></span>, who expressed his concern of</span><span style="font-style: italic;"> “</span><strong style="font-style: italic;">disastrous implications</strong><span style="font-style: italic;">” </span><span style="font-style: italic; color: rgb(0, 0, 153);">of the revisions in a letter submitted to the board</span><span style="font-style: italic;"> (see Daniel Stewart Letter page - a must read). </span><br /></p><div style="text-align: center;"><br /><span style="font-style: italic; color: rgb(0, 0, 0);font-family:arial,verdana,sans-serif;font-size:100%;" >After this letter surfaced during an Architectural Appeal to the Board, Mr. Stewart was informed his services were no longer required at Nellie Gail. Don't believe the position that the 2005 Board was simply acting on the recommendation of our legal council when they changed our Architectural Guidelines. The minutes clearly show that legal approval was sought after the fact."</span></div><br />(This email was copied with permission)<br /><div style="font-family: verdana,helvetica,sans-serif;"><br /></div></div>Unknownnoreply@blogger.com3tag:blogger.com,1999:blog-7665973965646326214.post-89617807449688078862009-02-18T09:49:00.000-08:002009-02-19T13:20:13.457-08:00ARC just the truth, no lies...<span style="font-size:130%;">Who, allegedly, has been spotted leaving this huge document with the front page advertising the Nellie Gail Deficit? Why Chuck Curtis, husband of Jan Curtis, former board majority member.<br /><br />Why is that interesting? Well, because the former board majority CREATED the deficit. The current board just inherited it from THEM. Surprise! This group is amazing, they constantly try to manipulate our beloved Nellie Gail. This group also sent out the lies in the documents mailed to your homes regarding the ARC.<br /><br />Take a minute to send an email to your board of directors via:<span style="text-decoration: underline;"> </span><a rel="nofollow" ymailto="mailto:admin@nelliegailranch.org" target="_blank" href="mailto:admin@nelliegailranch.org"><span class="yshortcuts" id="lw_1234979680_4">admin@nelliegailranch.org </span></a><br />to let then know what you really think about the proposed revisions that give you back your property rights. Take time to read the document and decide for yourself.<br /><br />The revised document can be found here: </span><a href="http://nelliegailranch.org/document/2363187671architectural_guidelines_draft_-mailed_version.pdf?28576"><span style="font-size:130%;"><br /></span></a><span style="font-size:130%;"><a rel="nofollow" target="_blank" href="http://nelliegailranch.org/document/2363187671architectural_guidelines_draft_-mailed_version.pdf?8735"><span class="yshortcuts" id="lw_1234979680_5">Nellie Gail Ranch ARC Proposed Guidelines</span></a></span><span style="text-decoration: underline;font-size:130%;" ><a rel="nofollow" target="_blank" href="http://nelliegailranch.org/document/2363187671architectural_guidelines_draft_-mailed_version.pdf?8735"> </a></span><span style="font-size:130%;"><a href="http://nelliegailranch.org/document/2363187671architectural_guidelines_draft_-mailed_version.pdf?28576"></a><br /><br />Take a minute to get involved in YOUR community, and don't let others decide for you.</span><span style="font-size:130%;"><br /><br />And, what about the Great Nellie Gail Bail Out? The old majority on the board is also responsible for that. More on that later.....Too bad that group does not spend some time doing charity work for Meals on Wheels or something. It would keep them busy and truly help the community.</span>Unknownnoreply@blogger.com5tag:blogger.com,1999:blog-7665973965646326214.post-25677124167404895522008-10-24T10:06:00.000-07:002008-10-24T10:14:06.855-07:00Who sent the trashy lies? It will come as no surprise.<span style="font-family: trebuchet ms;font-size:180%;" >Read the comments on the previous post.</span><br /><br /><a style="font-family: trebuchet ms;" href="https://www.blogger.com/comment.g?blogID=7665973965646326214&postID=8652384334402907324">Link to comments</a><br /><br /><br /><span style="font-family: trebuchet ms;font-size:100%;" >Apparently one of the 'old majority' and her group put the mailing out. She is a long time past board member, and part of the group that constantly accused James and the 'new majority' of divisiveness.<br /><br />It is finally time that the truth came out. I thank them for doing it for us.</span>Unknownnoreply@blogger.com5tag:blogger.com,1999:blog-7665973965646326214.post-86523843344029073242008-10-20T19:41:00.000-07:002008-10-20T20:03:13.775-07:00Shall we really set the record straight?<span style="font-family:verdana;font-size:180%;">In an attempt to muddy the waters of the Open Space discussion a vocal few have fired off a rambling tirade of gibberish. Their intention is to convince homeowners that certain Board members are conspiring to pull a fast one. They are saying that these board members are trying to sneak through some self-serving diabolical Architectural Guidelines. We give you a little more credit than that.</span><span style="font-size:180%;"><br /></span><span style="font-family:verdana;font-size:180%;"> </span><span style="font-size:180%;"><br /></span><span style="font-family:verdana;font-size:180%;">Let’s set the record straight. </span><span style="font-size:180%;"><br /></span><span style="font-family:verdana;font-size:180%;"> </span><span style="font-size:180%;"><br /></span><span style="font-family:verdana;font-size:180%;">1) The subject of Architectural Guidelines Change was on the agenda for the September 16, 2008 Board meeting. </span><span style="font-size:180%;"><br /></span><span style="font-family:verdana;font-size:180%;">a) The current schedule includes a Town Hall meeting on the subject. </span><span style="font-size:180%;"><br /></span><span style="font-family:verdana;font-size:180%;">b) This will then be followed by a 30 day period for a proposal to be reviewed by the community and input to be considered. </span><span style="font-size:180%;"><br /></span><span style="font-family:verdana;font-size:180%;">c) This is anticipated to result in a vote by the Board of Directors at the December 17, 2008 Board Meeting - hardly a “railroading” of the process. </span><span style="font-size:180%;"><br /><br /></span><span style="font-family:verdana;font-size:180%;">2) Let’s contrast that to the changes made in 2005. </span><span style="font-size:180%;"><br /></span><span style="font-family:verdana;font-size:180%;">a) Let’s see… according to the Board meeting minutes, “modifications to the Architectural Guidelines” were proposed on April 14, 2005.</span><span style="font-size:180%;"><br /></span><span style="font-family:verdana;font-size:180%;">b) These Guidelines were then accepted by a unanimous vote on… what do you know? April 14, 2005!! At least they were good enough to publish the revised guidelines in the Pony Express after the fact. </span><span style="font-size:180%;"><br /></span><span style="font-family:verdana;font-size:180%;">c) There was no review, by the general membership. </span><span style="font-size:180%;"><br /></span><span style="font-family:verdana;font-size:180%;">d) No notice to the membership, nothing. </span><span style="font-size:180%;"><br /></span><span style="font-family:verdana;font-size:180%;">e) There was no input by the membership</span><span style="font-size:180%;"><br /></span><span style="font-family:verdana;font-size:180%;">f) There was no town hall.</span><span style="font-size:180%;"><br /><br /></span><span style="font-family:verdana;font-size:180%;">3) Further evidence of how underhanded some of the current Board members are is the way they tried to hide the fact that they were considering changes to the guidelines. </span><span style="font-size:180%;"><br /><br /></span><span style="font-family:verdana;font-size:180%;">a) Who would possibly have read the President’s message on the subject found on page 5 of the October Pony Express, or item #5 under the heading “Redefine the ARC” located on page 7? </span><span style="font-size:180%;"><br /></span><span style="font-family:verdana;font-size:180%;">b) Or the post card that was sent to the community.</span><span style="font-size:180%;"><br /></span><span style="font-family:verdana;font-size:180%;">c) Or the full page letter written by the Associations architect on page 9?</span><span style="font-size:180%;"><br /></span><span style="font-family:verdana;font-size:180%;">d) Or the large paragraph representing the bulk of the General Manager’s Message on page 11? - You’ve really got to watch these guys.</span><span style="font-size:180%;"><br /><br /></span><span style="font-family:verdana;font-size:180%;">4) If the current Board truly intended to wreak havoc on the Open Space they would simply support the 2005 Guidelines as written. </span><span style="font-size:180%;"><br /></span><span style="font-family:verdana;font-size:180%;">a) You see, all specific guidance pertaining to allowable uses of Open Space found in the 1996 Guidelines was removed. </span><span style="font-size:180%;"><br /></span><span style="font-family:verdana;font-size:180%;">b) As a result, the ARC has no defining document to work from; residents are confused as to what is permitted and what isn’t permitted. </span><span style="font-size:180%;"><br /></span><span style="font-family:verdana;font-size:180%;">c) Now, all the power rests with the Board to wield at their discretion. </span><span style="font-size:180%;"><br /></span><span style="font-family:verdana;font-size:180%;">d) That policy worked for past Boards without a peep from the people who produced the gibberish you are receiving now. </span><span style="font-size:180%;"><br /></span><span style="font-family:verdana;font-size:180%;">e) The new Board wants change.</span><span style="font-size:180%;"><br /></span><span style="font-family:verdana;font-size:180%;"> </span><span style="font-size:180%;"><br /></span><span style="font-family:verdana;font-size:180%;">The current Board is working with the Association’s architect to create a revised set of guidelines that will be useful for all residents planning projects on their homes and properties. They are inviting input from the neighbors and putting everything out in the open for all to see (as per their Annual Strategic Plan on pages 6 & 7 of the October Pony Express.) By implementing Common Sense Guidelines, the power is in the details of the documents not in the hands of the Board.</span><span style="font-size:180%;"><br /></span><span style="font-family:verdana;font-size:180%;"> </span><span style="font-size:180%;"><br /></span><span style="font-family:verdana;font-size:180%;">The ranting you read in recent mailings is the desperate attempt by a small group of residents to hang on to the power grip they have had on our community for decades. Their ship is now sinking. And, have no doubt; it is being sunk by truth, transparency and for the common good of all Nellie Gail residents.</span><span style="font-size:180%;"><br /></span><span style="font-family:verdana;font-size:180%;"> </span><span style="font-size:180%;"><br /></span><span style="font-family:verdana;font-size:180%;">Please come to the meeting to see for yourself. </span><span style="font-size:180%;"><br /></span><span style="font-family:verdana;font-size:180%;"> </span><span style="font-size:180%;"><br /></span><span style="font-family:verdana;font-size:180%;">Nellie Gail Homeowners for Common Sense Guidelines</span><span style="font-size:180%;"><br /></span><span style="font-family:verdana;font-size:180%;"> </span><span style="font-size:180%;"><br /></span><span style="font-family:verdana;font-size:180%;"> </span><span style="font-size:180%;"><br /></span><span style="font-family:verdana;font-size:180%;">For 30 years the Nellie Gail CC&R’s were interpreted to allow for open space uses other than equestrian and agricultural. </span><span style="font-size:180%;"><br /></span><span style="font-family:verdana;font-size:180%;"> </span><span style="font-size:180%;"><br /></span><span style="font-family:verdana;font-size:180%;">That all changed in the spring of 2005 when a small group of individuals decided their personal interests took precedence over those of the rest of the community and took the following action:</span><span style="font-size:180%;"><br /><br /></span><span style="font-family:verdana;font-size:180%;">Excerpts from Board Minutes:</span><br /><br />Minutes of the Regular Meeting – Board of Directors – Thursday, March 17, 2005, 6:00P.M Item 9F<br />“An item for the Board of Directors to discuss and review the Architectural Guidelines.<br />MOTION BY DIRECTOR CURTIS, SECOND BY DIRECTOR MONSON TO CREATE A SUBCOMMITTEE OF DIRECTOR ABDO, DIRECTOR CURTIS, AND GENERAL MANAGER FRANCIS LANGLOIS. THE SUBCOMMITTEE IS TO REVIEW AND RECOMMEND CHANGES TO THE ARCHITECTURAL GUIDELINES. SUBCOMMITTEE IS TO BRING RECOMMENDATIONS TO THE NEXT BOARD MEETING. MOTION PASSED UNANIMOUSLY.<br /><br />Minutes of the Regular Meeting – Board of Directors – Thursday, April 14, 2005, 6:00P.M Item 7, Bullet Point 4<br />“Architectural Guidelines Committee – Discussion by committee members of suggested modifications to the Architectural Guidelines.<br />MOTION BY DIRECTOR MONSON, SECOND BY DIRECTOR SPALDING TO ACCEPT THE ARCHITECTURAL GUIDELINES AS REVISED PENDING LEGAL APPROVAL; REVISED GUIDELINES THEN TO BE PUBLISHED IN THE PONY EXPRESS. MOTION PASSED UNANIMOUSLY.Unknownnoreply@blogger.com13tag:blogger.com,1999:blog-7665973965646326214.post-33097296860270339382008-10-17T16:33:00.001-07:002008-10-17T16:34:12.114-07:00Your Property Rights were removed, without you having a say in the matter.<p class="MsoNormal"><span style="font-family: "Cambria","serif";">Dear Fellow Nellie Gail Homeowners,</span></p> <p class="MsoNormal"><span style="font-family: "Cambria","serif";">Three years ago your property rights were taken away and your home values were reduced. It’s time to get them back!<br /></span></p> <p class="MsoNormal"><span style="font-family: "Cambria","serif";">The Nellie Gail Board is considering a revised version of our Architectural Guidelines that will restore our Open Space rights. It is critical to show our support for these new guidelines. </span><i><span style="font-size: 9pt; font-family: "Cambria","serif";">(Open Space refers to the sloped potions of many lots).</span></i></p> <p class="MsoNormal"><span style="font-family: "Cambria","serif";">This is why:</span></p> <p class="MsoNormal"><span style="font-family: "Cambria","serif";">From 1996 to 2005 our Architectural Guidelines pertaining to Open Space read:</span></p> <p class="MsoNormal"><span style="font-family: "Cambria","serif";"> “Recreational uses shall be limited to landscaped areas; swimming pools; children’s play areas; single story recreational, storage or agricultural buildings; <span class="yshortcuts" id="lw_1224283575_0">horse stables</span> and corrals; tennis and sports courts.”<br /></span></p> <p class="MsoNormal"><span style="font-family: "Cambria","serif";">In 2005 a small but influential group of Nellie Gail residents decided that <b><i>their</i></b> preferred use of “Open Space” was all that should be permitted for the entire neighborhood. A likeminded Board obliged and quickly <b><span style="color: red;">changed the Architectural Guidelines to</span></b> <b><span style="color: red;">forbid the use of Open Space for any purpose other than Equestrian or Agricultural.</span></b></span></p> <p class="MsoNormal"><span style="font-family: "Cambria","serif";">What does this mean to you? Let’s review:</span></p> <ul style="margin-top: 0in;" type="disc"><li class="MsoNormal" style=""><span style="font-family: "Cambria","serif";">Ready to put in that BBQ area you’ve been planning for years? – <b>No longer allowed!</b></span></li><li class="MsoNormal" style=""><span style="font-family: "Cambria","serif";">Want to create a safe place for the kids to play away from the street? – <b>Nope!</b></span></li><li class="MsoNormal" style=""><span style="font-family: "Cambria","serif";">Want to replace your gazebo that is falling apart – <b>Don’t even think about it!</b> </span></li><li class="MsoNormal" style=""><span style="font-family: "Cambria","serif";">“But… I just want to improve my property like my neighbors have” – <b>Tough luck!!</b></span><span style="font-family: "Cambria","serif";"><br /></span></li></ul> <p class="MsoNormal"><span style="font-family: "Cambria","serif";">Sound reasonable? Hardly! It doesn’t matter if your yard is completely screened with trees and plants. It doesn’t matter if your neighbors have signed off on your project. The answer is <b>NO</b>.</span></p> <p class="MsoNormal"><span style="font-family: "Cambria","serif";">Certain homeowners claim that restoring the right of all residents to enjoy their yards somehow threatens their ability to enjoy the Nellie Gail equestrian lifestyle. This is both selfish and inaccurate. <span class="yshortcuts" id="lw_1224283575_1">Common sense</span> screening and setbacks can allow <b><i>all</i></b> residents to utilize their yards with zero impact on the equestrian experience.<br /></span></p> <p class="MsoNormal"><span style="font-family: "Cambria","serif";">For the good of our <b><i>entire</i></b> community we encourage all Nellie Gail homeowners to show their support for guideline revisions by sending an email to </span><a rel="nofollow" ymailto="mailto:admin@nelliegailranch.org" target="_blank" href="mailto:admin@nelliegailranch.org"><span style="font-family: "Cambria","serif";">admin@nelliegailranch.org</span></a><span style="font-family: "Cambria","serif";"> telling them to “Restore my Property Rights”. Numbers matter – please send an email today!</span></p> <p class="MsoNormal"><span style="font-family: "Cambria","serif";">If you can make it, please attend the Town Hall Meeting <span style="border-bottom: 1px dashed rgb(0, 102, 204); cursor: pointer;" class="yshortcuts" id="lw_1224283575_2">on Oct. 21<sup>st</sup></span> and let your opinion be heard.<br /></span></p> <p class="MsoNormal"><span style="font-family: "Cambria","serif";">Sincerely,</span></p> <p class="MsoNormal"><span style="font-family: "Cambria","serif";">Nellie Gail Homeowners for Common Sense Guidelines</span></p>Unknownnoreply@blogger.com5tag:blogger.com,1999:blog-7665973965646326214.post-81649897916048314612008-10-17T16:28:00.000-07:002008-10-17T16:30:17.818-07:00Risk to our Community<p style="font-family: trebuchet ms;" class="MsoNormal"><span style="font-size:100%;">Dear Fellow Nellie Gail Homeowners,</span></p> <p style="font-family: trebuchet ms;" class="MsoNormal"><span style="font-size:100%;">Three years ago our Architectural Guidelines were changed in a way that put our entire Association at great risk. The Board is considering a revised version of the Guidelines that will restore our Open Space* rights and remove that risk. We need to show that we support their effort. <i><span style="font-size: 9pt;">(*Open Space refers to the sloped potions of many lots).</span></i><br /></span> </p> <p style="font-family: trebuchet ms;" class="MsoNormal"><span style="font-size:100%;">This is why:</span></p> <p style="font-family: trebuchet ms;" class="MsoNormal"><span style="font-size:100%;">From 1996 to 2005 our Architectural Guidelines pertaining to Open Space read:</span></p> <p style="font-family: trebuchet ms;" class="MsoNormal"><span style="font-size:100%;"> “Recreational uses shall be limited to landscaped areas; swimming pools; children’s play areas; single story recreational, storage or agricultural buildings; <span style="border-bottom: 1px dashed rgb(0, 102, 204); background: transparent none repeat scroll 0% 0%; cursor: pointer; -moz-background-clip: -moz-initial; -moz-background-origin: -moz-initial; -moz-background-inline-policy: -moz-initial;" class="yshortcuts" id="lw_1224283492_0">horse stables</span> and corrals; tennis and sports courts.”<br /></span></p> <p style="font-family: trebuchet ms;" class="MsoNormal"><span style="font-size:100%;">In 2005 a small but influential group of Nellie Gail residents decided that <b><i>their</i></b> preferred use of “Open Space” was all that should be permitted for the entire neighborhood. A likeminded Board obliged and quickly <b><span style="color: red;">changed the Architectural Guidelines to</span></b> <b><span style="color: red;">forbid the use of Open Space for any purpose other than Equestrian or Agricultural.</span></b></span></p> <p style="font-family: trebuchet ms;" class="MsoNormal"><span style="font-size:100%;">Let’s consider how these guidelines create <b><i>risk</i></b> to Nellie Gail: </span></p> <p style="font-family: trebuchet ms;" class="MsoNormal"><span style="font-size:100%;">Consider two next door neighbors that purchased identical properties in 2003. One built a children’s play area, a landscaped seating space and a fountain in their open space. The other planned to do the same in 2006 only to find out that those improvements were no longer allowed. Both put their homes up for sale in 2008.</span></p> <p style="font-family: trebuchet ms;" class="MsoNormal"><span style="font-size:100%;">Who do you think the resident with the dirt and weeds on his open space is going to hold accountable for the difference in appraised value?<br /></span></p> <p style="font-family: trebuchet ms;" class="MsoNormal"><span style="font-size:100%;">It’s not like the 2005 Board wasn’t aware of this risk. They chose to disregard the written recommendation of <span class="yshortcuts" id="lw_1224283492_1">Daniel Stewart</span>, our <span class="yshortcuts" id="lw_1224283492_2">Landscape Architect</span> at the time, who expressed his concern for the “disastrous implications” of the revisions (see letter attached).</span></p> <p style="font-family: trebuchet ms;" class="MsoNormal"><span style="font-size:100%;">We have been fortunate. Since the August 2005 guidelines have been in place there have been several appeals to the Board related to open space use and multiple homeowners have sought legal counsel based on restricted property values. However, no legal action has been taken against the Association – yet.<br /></span></p> <p style="font-family: trebuchet ms;" class="MsoNormal"><span style="font-size:100%;">Certain homeowners claim that restoring the right of all residents to enjoy their yards somehow threatens their ability to enjoy the Nellie Gail equestrian lifestyle. This is both selfish and inaccurate. <span style="border-bottom: medium none; background: transparent none repeat scroll 0% 0%; cursor: pointer; -moz-background-clip: -moz-initial; -moz-background-origin: -moz-initial; -moz-background-inline-policy: -moz-initial;" class="yshortcuts" id="lw_1224283492_3">Common sense</span> screening and setbacks can allow <b><i>all</i></b> residents to utilize their yards with zero impact on the equestrian experience.</span></p> <p style="font-family: trebuchet ms;" class="MsoNormal"><span style="font-size:100%;">For the good of our <b><i>entire</i></b> community we encourage all Nellie Gail homeowners to show their support for guideline revisions by sending an email to <a rel="nofollow" ymailto="mailto:admin@nelliegailranch.org" target="_blank" href="mailto:admin@nelliegailranch.org">admin@nelliegailranch.org</a> telling them to “Restore my Property Rights”. Numbers matter – please send an email today!<br /></span></p> <p style="font-family: trebuchet ms;" class="MsoNormal"><span style="font-size:100%;">If you can make it, please attend the Town Hall Meeting <span style="border-bottom: 1px dashed rgb(0, 102, 204); cursor: pointer;" class="yshortcuts" id="lw_1224283492_4">on Oct. 21<sup>st</sup></span> and let your opinion be heard.</span></p> <p style="font-family: trebuchet ms;" class="MsoNormal"><span style="font-size:100%;">Sincerely,</span></p> <p style="font-family: trebuchet ms;" class="MsoNormal"><span style="font-size:100%;">Nellie Gail Homeowners for Common Sense Guidelines</span></p>Unknownnoreply@blogger.com2tag:blogger.com,1999:blog-7665973965646326214.post-24654866918345053222008-10-17T16:16:00.001-07:002008-10-17T16:24:35.828-07:00More from the BlogThe blog has now given permission to:<br /><span style="font-size:180%;"><br /><span style="font-weight: bold;">Nellie Gail Residents for Common Sense</span></span><br /><br />to post items on this blog. <br /><br />Welcome Back!<br /><br />This blog is no longer being hosted/or contributed to by James Vaughn, unless he posts his name to a piece.Unknownnoreply@blogger.com3tag:blogger.com,1999:blog-7665973965646326214.post-63074829082625539882008-07-29T21:02:00.000-07:002008-07-29T21:32:11.444-07:00Election ResultsHere are the results from the tabulation of tonight's ballots at the annual meeting. We had a 27% turnout:<br /><br />Dr. Robert Bettey 495 (26.7%) 2 year term<br />Bill Enholm 467 (25.1%) 2 year term<br />Jim Cormie 326 (17.5%) 2 year term<br />John Frank 289 (15.6%) 1 year term<br />Bill Frey 278 (15.0%) 1 year term<br /><br />1,855 total votes<br /><br /><strong>Bylaw Amendment # 1 Staggered 2 year terms</strong><br /><br />Yes 329 (88.4%) No 43 (11.5%)<br /><br /><strong>Bylaw Amendment #2 Elimination of Proxies</strong><br /><br />Yes 267 (72.1%) No 103 (27.8%)<br /><br /><strong>Bylaw Amendment #3 Elimination of Cumulative Voting</strong><br /><br />Yes 218 (58.6%) No 154 (41.3%)<br /><br />The lawyers are still debating whether 50% of quorum at 50% is required or 50% of the quorum of the meeting (25%) is required so they will not state the results of the elections (that the bylaw amendments passed) until the new board meets. I suggest the new board vote to accept the results declaring the bylaw amendments have passed because the bylaws state that 50% of quorum is required at the annual meeting. Since the quorum for the annual meeting is 25% if we do not reach 50% the first attempt, the quorum of 25% applies for bylaw amendments as well. And remember, the lawyers advise, but the board ultimately votes to make the decision. Congratulations to all our new board members.Unknownnoreply@blogger.com3tag:blogger.com,1999:blog-7665973965646326214.post-30203731006743660592008-07-17T09:47:00.000-07:002008-07-17T10:35:55.122-07:00My Farewell AddressYou didn't think an ego such as mine would go quietly without a final word did you?<br /><br />I never really wanted to be on the Board. I wanted to contribute in some small way like a committee. I figured running for the board would get the attention of the community and after gracefully losing I'd be picked for some project to help on. Then I discovered that there was a group of people who really felt disenfranchised with what was going on. I found that many people felt they weren't being treated fairly. One of my many faults is that I see red when I think people are being unfairly treated. So I ran full out for the Board and was elected. I had some concrete goals that I ran on, but the over-arching goal was to make the process work for everyone.<br /><br />The concrete goals (a code of ethics, improved communications, better scheduling policies for the facilities to accommodate all residents) were easy. The hard part was getting one segment of our community to understand that there were many people who wouldn't/couldn't/were afraid to speak up and let the Board and others know they felt they were being treated poorly. I thought all I need do is point this out and things would change (They obviously just didn't know, I thought, so it was benign ignorance, not intentional malice.) But it seemed that there was denial or a refusal to be informed (because knowing it means having to change the practices).<br /><br />So I realized about half way through that what was needed was a bad cop or person willing to speak up and say publicly what was being said in private (oftentimes by the same people who others thought were the root of the problem.) I realized that if the air wasn't cleared and all of this didn't come out and be addressed and dealt with it, it would never go away. I recognized that many of those who might be in a position to speak up also had to live with those (so to speak) that they had to confront. So privately to supporters and to the Board I said I'd be the bad cop and speak up and force people to address the crap. I did it multiple ways and sometimes being flat out mean seemed to be the only way to get the attention of those who simply refused to want to admit there was a problem. And I don't mean Jan. She was actually wonderful. But she was the figurehead of the faction that needed to be grabbed by the shoulders and made to pay attention. So unfairly, she took the brunt.<br /><br />It also became clear that the only way the mentality would change was to have a change in leadership. So I began hounding Jan (and Bob to some extent) to make clear that change was going to happen come hell or high water. And for that I will apologize to Jan and Bob publicly. Yeah, there were times I was unfair because I wanted people to understand what others were going through and telling me. And I determined at that midway point that I was not going to run again because in the ideal world Jan and I would not run for office again and the healing of the community could begin. We both have valid viewpoints and lots to contribute. So I took on the role of the"Take your medicine. See how you like being treated the way others feel they are being treated. It's not all about you" bad guy. And I knew I couldn't run for the Board again if I did so.<br /><br />And a funny thing happened. It worked. I started hearing the concerns of one side being espoused by the others. Both sides began to understand each other and there were times when the opposing sides of the equestrian clash came together (like when I made my fuss about the EC budget not really balancing.) Open Space die-<span class="blsp-spelling-error" id="SPELLING_ERROR_0">hards</span> began to understand the concerns of those who want to put simple projects in open space that WON'T destroy the wonderful feel of Nellie Gail. The same concerns I raised were being raised by other Board members. I can not and do not take all or maybe any of the credit for that. I'm just glad it happened.<br /><br />I know I took a risk. And I paid a very heavy price for it. Amongst my friends and other organizations I work with I am actually considered a nice guy. (No, really) The peacemaker. I'm the first person my feuding family decided got along with everyone well enough to be the executor of my Dad's estate. That nice, funny guy everyone enjoys being with is hardly the reputation I have in this community at this time. So I paid a price. But I knew it when I started this. (This ain't a pity party. I deserve everything I got.) So all I ask is that the community take advantage of this air-clearing period to work together. Take into account there may be different viewpoints. That disagreeing doesn't mean the other person is wrong. I come from a background in politics where punches are thrown daily and you get up when done and go have a drink together because it was never personal (even when it sounded that way). I figured from how the campaign was ran last year that this was that kind of community. I was taken aback at first, but since I knew the game I came out swinging as well. I over-calculated the extent that was true so I'll definitely apologize for that. <br /><br />But I really do feel good about what was accomplished in the end. I think our community is better for all our efforts this year. We have a new start. We understand each other better. I hope we learn to be a little more honest with each other even if we think the other person isn't going to like what we have to say. They can't change what they do if they don't know how the other person feels. And power can be fleeting. and if ignored long enough minor annoyances fester into blazing battles with negative consequences far beyond the initial minor issue.<br /><br />So this may or may not be my last blog posting. I'm invested in my community too much now to ever say never. But others will need to step up and do these meeting recaps. And things are going so well and everyone getting along for the most part that there's no need for my past brand of political vigilante postings. (Many noted that the tone of the blog has changed for the better. Trace that back to the day we knew the election results were going to change the tone of the board and a new era was dawning in Nellie Gail. Jan and James have retired to the sides, let the healing begin. For the record, I'm sorry Cindy didn't run again. I gained a great deal of respect for her and she is an under-appreciated asset. Jan took the brickbats, but she got the praise as well perhaps because of it.) I hope that these detailed postings continue because I was told it helped many people get a real feel for what was happening (even when sometimes they didn't like knowing.) Communication. Communication. Communication. Without it, none of this is worth it because the good stuff will go unreported and the bad stuff will be blown out of proportion.<br /><br />I thank you all for all that you have done. The words of support when I needed them. And the kicks in the butt when I especially needed those. I hope my year was worth it to the community. I know it was for me. And I'll treasure that (and EVERYONE I met and interacted with) always. I'll see you around the ranch.Unknownnoreply@blogger.com2tag:blogger.com,1999:blog-7665973965646326214.post-57621582860726612712008-07-17T08:41:00.000-07:002008-07-29T22:07:07.158-07:00Board Meeting July 2008The last board meeting for Jan, Cindy and I. Things went very smoothly and ended with tears (of happiness I assure you). Here is my final board meeting report:<br /><br /><strong>Executive Session: 6:11pm</strong><br /><br />1) Updates on lawsuit status. Three lawsuits. One has dragged on for years and appears to be headed the same way for now. One may be resolved and the other might be headed that way.<br /><br />2) Violation Report - Sandie's Naughty List was light this month.<br /><br />3) Approved 4-0 a retainer with Judge Law Firm to handle any <span class="blsp-spelling-corrected" id="SPELLING_ERROR_0">delinquency</span> suits if they come up. we <span class="blsp-spelling-corrected" id="SPELLING_ERROR_1">generally</span> have very few. This firm is based locally so it's supposed to be better for us.<br /><br />4) Renewed the contract with our law firm 5-0. They noted that they provide us with quite a bit of free service and Maggie approves of them.<br /><br /><strong>Open Session:</strong><br /><br />Our final session opened with a big presentation and thank you to Shirley <span class="blsp-spelling-error" id="SPELLING_ERROR_2">Charn</span> who was been with Nellie Gail staff for 28 years. Councilwoman Melody <span class="blsp-spelling-error" id="SPELLING_ERROR_3">Carruth</span> stopped by with a gift and congrats. And the Board gave her a life membership to the Swim and Tennis Club. Our evil plan is to keep her nearby so we can enjoy her company and ask her "Do you know where to find..." type questions. ; )<br /><br /><strong>Homeowners Forum:</strong><br />Lorinda <span class="blsp-spelling-error" id="SPELLING_ERROR_4">Engelhorn</span> - Thanked Jan and Cindy for their years of service and thanked me "for driving us all crazy."<br /><br /><strong>ARC Appeal</strong> - <span class="blsp-spelling-error" id="SPELLING_ERROR_5">Mardi</span> <span class="blsp-spelling-error" id="SPELLING_ERROR_6">Vardell</span> seeks to build a deck over what is technically considered open space (which means the 5 feet of yard between the pad and her barn.) The Board had concerns about screening from the neighbors and the scale of the deck so once the architect approves fixes to those concerns she is good to go.<br /><br /><strong>Consent Calendar</strong> - James moved and Cindy seconded a motion to add the emergency <span class="blsp-spelling-corrected" id="SPELLING_ERROR_7">Preparedness</span> Committee Postings and the <span class="blsp-spelling-corrected" id="SPELLING_ERROR_8">Delinquency</span> Policy Template to the consent calendar. Approved 5-0. The Consent calendar (with approving minutes and receiving the financial statement) was approved 5-0.<br /><br /><strong>Reports:</strong><br />Tennis - 600 burgers were served at the Open House. Lots of neighbors took the tour of the facility. The courts are busy, especially due to camps.<br /><br />Swim - The pool is busy especially due to swim lessons. All private lessons are booked, but there are still slots left in the group lessons. The swim team is <span class="blsp-spelling-corrected" id="SPELLING_ERROR_9">having</span> it's best season thus far.<br /><br />Equestrian - Budget has been difficult. More homeowners have gotten into the stalls at the Center. Riders are doing well at the national level in <span class="blsp-spelling-corrected" id="SPELLING_ERROR_10">competition</span> including Christine.<br /><br /><strong>Old Business:</strong><br /><br /><strong>CUP Amended Proposal</strong> - The consultant wants even more money. (Big shock). But we need to get this Conditional Use Permit (CUP) approved and it wasn't worth a heated debate over how they managed to "<span class="blsp-spelling-error" id="SPELLING_ERROR_11">mis</span>-underestimate" what we told them was part of the proposal. We need to get in compliance with our permits at the EC. (And a "You're welcome" to the equestrian community for the <span class="blsp-spelling-error" id="SPELLING_ERROR_12">HOA</span> funding this project from the <span class="blsp-spelling-error" id="SPELLING_ERROR_13">HOA</span> budget.) Note to future board members we probably don't want to use this company for anything again. Cindy Moved/Jan second. Approved 5-0.<br /><br /><strong>New Business:</strong><br /><strong></strong><br /><strong>Cell Phone Tower Revenue</strong> - James proposed and Cindy seconded a motion to designate the cell phone tower revenue as <span class="blsp-spelling-error" id="SPELLING_ERROR_14">HOA</span> revenue to be part of a discretionary budget line item and that for the 2008/2009 budget that revenue be allocated to the Equestrian Center Operating Budget. It was (I felt) a fair compromise that recognizes the cell phone tower revenue is all of Nellie Gail's, while acknowledging that the EC has depended on that revenue going to them to make their budget balance. It was noted that next year the equestrian community and the board will debate amongst <span class="blsp-spelling-corrected" id="SPELLING_ERROR_15">themselves</span> if this contribution from the entire community is still needed to make up for the structural deficit that exists in their budget. (To be fair, it was noted that the cell phone tower was placed on land that the EC might have been able to use so perhaps future boards <span class="blsp-spelling-corrected" id="SPELLING_ERROR_16">might</span> determine how much space the tower takes up and how many stalls there might have been and allocate by that formula.) Motion passed 3-2 with Bill, Cindy and I in favor and Jan and Bob opposed.<br /><br /><strong>2008 Reserve Study</strong> - A required interim "paper" study of our reserve funds was conducted and found that the business centers are at 100% of reserve funding while the <span class="blsp-spelling-error" id="SPELLING_ERROR_17">HOA</span> is at 82%. A full physical reserve study will be conducted next year and many items that are under-estimated or not <span class="blsp-spelling-corrected" id="SPELLING_ERROR_18">included</span>, especially at the equestrian center will be <span class="blsp-spelling-corrected" id="SPELLING_ERROR_19">addressed</span> then. The study was approved 5-0.<br /><br /><strong>2008-2009 Budget Approval</strong> - A budget was approved 5-o that DOES NOT raise <span class="blsp-spelling-error" id="SPELLING_ERROR_20">HOA</span> dues, Tennis or Swim dues this year. The equestrian center budget was adapted to remove the $18,000 "reimbursement" from the <span class="blsp-spelling-error" id="SPELLING_ERROR_21">HOA</span> for wear and tear on the driveway leading to the trash containers. (That alone <span class="blsp-spelling-corrected" id="SPELLING_ERROR_22">eliminated</span> $3 of the proposed $7 a quarter increase).<br /><br />The boarding fees at the equestrian center will be raised from $415 to $480 ($65 increase) for residents and from $490 to $565 ($75 increase ) for non-residents in anticipation of increased hay, shavings and manure disposal costs. If we were to pass along the actual increase expected the rates would have gone up $100 a month just for those costs alone much less the costs of management, pay increases etc. Thanks to one of our incoming board <span class="blsp-spelling-corrected" id="SPELLING_ERROR_23">members</span>, we found out that we are the cheapest facility in the region. The median rate for a box stall is $540. There may be a new increase (or not) depending on what the actual prices of those things turns out to be.<br /><br />The equestrian community really stepped up to the plate in identifying potential places to cut costs. Some examples: We clean stalls twice a day. No other facility does. (Cleaning once a day will reduce costs for disposal and labor). We feed four flakes of hay across two feedings. Other stables feed only three flakes. If we follow those practices, the costs should come down <span class="blsp-spelling-corrected" id="SPELLING_ERROR_24">dramatically</span> keeping the board increase low and perhaps allowing for items on the wish list like a new wash rack by the lower stalls. So ultimately we were offering Cadillac service at Yugo prices. Playing hardball with the EC over the budget helped focus attention and root out these practices that should help eliminate the structural deficit and perhaps allow us to reallocate that cell phone tower money elsewhere. For example, we had to eliminate any capitol improvements for next year to eliminate the need for a fee increase. Since we are way behind on doing reserve projects, it was suggested that we won't have time for capitol projects anyway so it shouldn't cause any hardship. There's been nothing on the urgent list anyway.<br /><br /><strong>Vista <span class="blsp-spelling-error" id="SPELLING_ERROR_25">Firenze</span> Fence Request</strong> - Thanks to Jan, we were able to determine the item to approve the fence was not so <span class="blsp-spelling-corrected" id="SPELLING_ERROR_26">simple</span> after all. She noted the bid staff suggested we accept did not indicate if the posts <span class="blsp-spelling-corrected" id="SPELLING_ERROR_27">should</span> go in concrete or not. The lowest bid didn't have concrete. The highest did. And according to Jan and others, <span class="blsp-spelling-corrected" id="SPELLING_ERROR_28">concrete</span> is not really ideal for fences (and none of the others have them). So the board sent the bids back to staff to rebid with no concrete. Good catch on Jan's part.<br /><br /><strong>"Not Directors' Comments" -</strong> (The attorneys made us eliminate directors comments so board members spoke as neighbors in a re-opened homeowners forum.)<br /><br />Jan Curtis - Acknowledged the wonderful work of Tom <span class="blsp-spelling-error" id="SPELLING_ERROR_29">Brockmiller</span> over the years and noted that the last activities coordinator got a nice thank you and dinner gift certificate. Staff was "suggested/directed" to do the same for Mr. <span class="blsp-spelling-error" id="SPELLING_ERROR_30">Brockmiller</span>. Thanks for your many years of effort Tom!<br /><br />General Managers Report - Maggie deferred her report to the end <span class="blsp-spelling-error" id="SPELLING_ERROR_31">for</span> purposes of presentations to the retiring board members for their service.<br /><br /><strong>Jan Curtis</strong> - I rose to thank Jan Curtis, on behalf of the board, for her many years of wonderful dedication and service to the community. I noted the hours, blood, sweat and tears as well as the pleasure and the crap she received. (Most of the latter from me the last year). And we wanted an appropriate way to acknowledge that contribution. I presented her <span class="blsp-spelling-error" id="SPELLING_ERROR_32">with</span> a box (which she was afraid to open because she thought it was literally going to be a box of horse manure...) I narrated for the audience as she opened it noting that while the gift actually had not arrived, inside was a replica of the bronze plaque that will be posted at the Dressage Arena naming it the "Jan Curtis Arena" in honor of her years of service. She was very visibly moved and appreciative. I said the <span class="blsp-spelling-corrected" id="SPELLING_ERROR_33">Board</span> felt this was an appropriate way to honor her service. There was a picture showing her what the sign will look like when it arrives. (Thanks to Sandie) Perhaps an unveiling of the sign would be appropriate when it arrives and is installed?<br /><br />I concluded by noting that I truly had admired and appreciated and understood all the work she put in to the community and that if I ever make a fraction of the difference she has made in this community I will consider myself lucky. I want everyone to know that while we battled on <span class="blsp-spelling-corrected" id="SPELLING_ERROR_34">the</span> field of ideas I never once took for granted and under-appreciated all that she did. We agreed many many times, perhaps more than we disagreed, but that doesn't make for good gossip around the Ranch. ; )<br /><br /><strong>Cindy <span class="blsp-spelling-error" id="SPELLING_ERROR_35">Greengold</span></strong> - Received a new tennis <span class="blsp-spelling-corrected" id="SPELLING_ERROR_36">racket</span> and noted the great pleasure she'd had the past year son the board and all <span class="blsp-spelling-corrected" id="SPELLING_ERROR_37">the</span> great friends she made. She noted that she learned a lot, perhaps more this year than in any other year.<br /><br /><strong>Me</strong> - I received a terrific emergency radio and lantern with the Nellie Gail Ranch logo on it. I also thanked everyone for all that I had learned and the many wonderful people I met. I said I had a limited agenda of what I wanted to accomplish and I did it. (More in my next post farewell post.)<br /><br />We adjourned to the patio outside for cake and punch. A fitting way to end a great year.Unknownnoreply@blogger.com2tag:blogger.com,1999:blog-7665973965646326214.post-45382061812806623692008-07-07T09:25:00.001-07:002008-07-07T09:39:25.335-07:00Budget Meeting July 15thDon't forget that there will be another budget meeting workshop on July 15<span class="blsp-spelling-error" id="SPELLING_ERROR_0">th</span> at 5pm at the <span class="blsp-spelling-error" id="SPELLING_ERROR_1">HOA</span> Office.<br /><br />We're getting <span class="blsp-spelling-corrected" id="SPELLING_ERROR_2">closer</span> to a budget, but we're having a big increase in costs from vendors, contractors and others. We are holding the line as much as we can, but the last budget submitted by staff indicated a raise in dues might be required. We are all working <span class="blsp-spelling-corrected" id="SPELLING_ERROR_3">against</span> that at the moment <span class="blsp-spelling-corrected" id="SPELLING_ERROR_4">because</span> raising dues should be a last resort since we are all facing increases in our costs from all sides.<br /><br />The biggest hit is in the Equestrian Center budget. The cost of feed, shavings and manure disposal is skyrocketing off the charts. An increase in boarding fees seems completely unavoidable at this point, the question is how steep an increase. A group of dedicated equestrians have been meeting to look at places to cut the budget and find new sources of revenue, but a subsidy from the <span class="blsp-spelling-error" id="SPELLING_ERROR_5">HOA</span> (proposed by some as a special increase in all our <span class="blsp-spelling-error" id="SPELLING_ERROR_6">HOA</span> dues) is being proposed by some as a means to offset any board increase. Exacerbating the deficit is the fact that many such as myself are pushing for changes in the budget so that the cell phone tower revenue and the fee paid by the <span class="blsp-spelling-error" id="SPELLING_ERROR_7">HOA</span> to the EC of $18,000 for <span class="blsp-spelling-error" id="SPELLING_ERROR_8">HOA</span> using their road to access dumpsters be re-allocated (or at least renamed for what it is - a subsidy to the EC). I was told that long ago the EC gave up some of the adjacent property (that could have been used for more stalls) in exchange for receiving the cell phone tower rent. I am now more on the fence on this issue since learning that. But the $18,000 for using the road needs justified more because we could easily charge the EC for using the upper parking lot, the staff time to do the EC billings etc. Transfers can't be one way and still be fair. Calculate the actual damage and or costs to the EC that come out of their budget and I will be more than willing to find a reasonable amount.<br /><br />Anyway, you can see there is more than meets the eye when it comes to budgeting. You can't keep dues down without a trade-off. Naturally we're first looking at waste or fat to trim and then other ways to do the same things but cheaper. Our dues are low and we want to keep them that way. If we raise them now just because we can and they are low, what happens if some natural disaster or big project we all find we need to do comes along that needs funding? Or suddenly getting a skyrocket in costs for things like water or electricity or other services like the EC faced. We need to save any increases for when they are really needed almost like the equivalent of a rainy day fund. The reason California is in bad shape with <span class="blsp-spelling-corrected" id="SPELLING_ERROR_9">the</span> budget is because people spent up and maxed out the tax rates for projects in good times and left no excess capacity in the bad. Now they want to raise our taxers just to keep up. We don't want to ever be in that position here. A little bit of belt-tightening and scrimping now may help save us greater pain down the road. But let us know what your thoughts are by either attending the meeting or posting them here. <span class="blsp-spelling-error" id="SPELLING_ERROR_10">Thx</span>!Unknownnoreply@blogger.com3tag:blogger.com,1999:blog-7665973965646326214.post-76023651633432450042008-06-19T10:19:00.000-07:002008-06-19T11:19:22.833-07:00Board Meeting June 18, 2008Quietly and quickly, last night's board meeting was over and done in an hour. The executive session before it lasted longer. Here's the recap minus the boring stuff like adopting the minutes and financial report.<br /><br />Jan, Cindy and James were present. Bill's daughter was <span class="blsp-spelling-corrected" id="SPELLING_ERROR_0">graduating</span> from high school and Bob had a business meeting. <br /><br /><strong>PRESENTATIONS</strong><br />1) <span class="blsp-spelling-error" id="SPELLING_ERROR_1">Oso</span> Parkway Improvements - Congrats to Cindy, Jan and all the many past board members who after 30 years(!) are finally getting some wonderful landscaping improvements on <span class="blsp-spelling-error" id="SPELLING_ERROR_2">Oso</span> Parkway. There will be $1.5 million spent for each side of <span class="blsp-spelling-error" id="SPELLING_ERROR_3">Oso</span> Parkway with emphasis on the corners at <span class="blsp-spelling-error" id="SPELLING_ERROR_4">Moulton</span> parkway and <span class="blsp-spelling-error" id="SPELLING_ERROR_5">Oso</span> Parkway and at Nellie Gail and <span class="blsp-spelling-error" id="SPELLING_ERROR_6">Oso</span>. We will see new trees, bushes, and flowers all native to the area. A new "bio-<span class="blsp-spelling-error" id="SPELLING_ERROR_7">swale</span>" will capture and restrict urban run off before it goes into the drain system to the ocean. A new wetlands will be formed by this process and will eliminate the standing stagnant water that bred mosquitoes.<br />Congratulations again. This is a nice send off victory for Jan and Cindy. Thank you both for all your efforts on this.<br /><br /><strong>HOMEOWNER FORUM</strong><br /><br /><strong>Mike Bland</strong> - Noted that he and his wife Jean and Tom E<span class="blsp-spelling-error" id="SPELLING_ERROR_8">pperson</span> are now regularly attending <span class="blsp-spelling-error" id="SPELLING_ERROR_9">Laguna</span> Hills City Council meetings. Jean is typing up the results in a recap format to share with folks. (<span class="blsp-spelling-error" id="SPELLING_ERROR_10">Hmmm</span>.... sounds familiar...) It's called the <span class="blsp-spelling-error" id="SPELLING_ERROR_11">Laguna</span> Hills Watch Dog Report and according to the latest edition here's how you can sign up: <em><strong>**To receive these free e-mail reports on the <span class="blsp-spelling-error" id="SPELLING_ERROR_12">Laguna</span> Hills City Council go to </strong></em><a title="http://www.socoanimalshelter.org/" href="http://www.socoanimalshelter.org/" target="_blank" rel="nofollow"><em><strong>www.socoanimalshelter.org</strong></em></a><em><strong> , and sign up with your name, e-mail address, city and the enter the words "Watch Dog" in the comments section</strong></em>.<br /><br /><strong>Marlene <span class="blsp-spelling-error" id="SPELLING_ERROR_13">Sandler</span></strong> - provided a great update on the General Plan update efforts. She noted that there are two areas near us that might be impacted. One is the La <span class="blsp-spelling-error" id="SPELLING_ERROR_14">Paz</span> Gateway - <span class="blsp-spelling-error" id="SPELLING_ERROR_15">La Paz</span> at the 5 freeway. The City wants to determine what should be allowed if the developers ever want to redevelop the area such as new condos, shops and the like. The consensus of the citizens attending was that whatever it is, don't increase the traffic because it's bad already. There is another area along La <span class="blsp-spelling-error" id="SPELLING_ERROR_16">Paz</span> under similar consideration. There is an area that might be designated for more playing fields (a big demand in this city) but nearby residents noted that there is no parking for the existing fields as it is. Check with Marlene for more details. (And thank you for monitoring this for us!!)<br /><br /><strong>GENERAL MANAGER'S REPORT</strong><br /><br />- We've fixed the lighting in the parking lot at the Tennis Center near the back.<br /><br />- The <span class="blsp-spelling-error" id="SPELLING_ERROR_17">HOA</span> election ballots will be mailed out this week. (Don't forget to vote! There are three Bylaw Amendment changes and the top three vote <span class="blsp-spelling-error" id="SPELLING_ERROR_18">getters</span> will receive 2-year terms if the bylaw amendment is passed. Just because there are only five candidates doesn't mean your votes won't matter. ) And <span class="blsp-spelling-corrected" id="SPELLING_ERROR_19">Kathy</span> Bennett has been named as the elections inspector.<br /><br />- Budget - we have a meeting on Tuesday the 24<span class="blsp-spelling-error" id="SPELLING_ERROR_20">th</span> of June at 5pm if you want to see how your money will be spent next year. The biggest concern is the Equestrian Center budget and how much of an increase in fees might be required to off set all the soaring costs in hay, shavings, manure disposal etc. This will be at the Swim and Tennis Center.<br /><br />- Retirement - Sadly for us, long time staff member Shirley <span class="blsp-spelling-error" id="SPELLING_ERROR_21">Charne</span> is retiring in July. Shirley embodies institutional memory for the <span class="blsp-spelling-error" id="SPELLING_ERROR_22">HOA</span> and the office and has been an incredible asset to this community for many years. We will all miss her greatly and wish her the best. (More time for her golf passion and hitting some tennis balls with Cindy!)<br /><br />(Things are going wonderfully under Maggie and her team. Everyone on the board, especially those of us retiring, are heaving major sighs of relief knowing the Association is in such terrific hands.)<br /><br /><strong>EQUESTRIAN CENTER REPORT</strong><br />- Budget is <span class="blsp-spelling-corrected" id="SPELLING_ERROR_23">under</span> way. (Again, if you want to have a say in the budget, be sure to contact Maggie <span class="blsp-spelling-error" id="SPELLING_ERROR_24">Merante</span> or attend the budget meeting)<br /><br />- One of Manuel's staff had to leave us for family reasons. We wish him well.<br /><br />- Many delayed reserve purchases, maintenance and improvements are now entering into the bidding phase. Look for some sprucing up at the center in the months to come.<br /><br />- June 20<span class="blsp-spelling-error" id="SPELLING_ERROR_25">th</span> is Movie Night. Come to the Pool and Tennis center to watch National Treasure: Book of Secrets.<br /><br />- There is a horse chiropractor workshop coming up. Watch the bulletin board for details.<br /><br />TENNIS CENTER REPORT<br />- New camps starting for the summer. "Margarita Tennis Night for Women" starting.<br /><br />- Don't forget the Open House July 5<span class="blsp-spelling-error" id="SPELLING_ERROR_26">th</span> with the In and Out Burger Truck providing free food sponsored by one of our local <span class="blsp-spelling-corrected" id="SPELLING_ERROR_27">Realtors</span>.<br /><br />- The Tennis Court Reservation system starts in again. Book your courts in advance to avoid the heat of the day.<br /><br /><strong>NEW BUSINESS</strong><br /><br /><strong><span class="blsp-spelling-error" id="SPELLING_ERROR_28">LERP</span> Infestation</strong> - The eucalyptus trees in our community are being attacked by a "piercing sucking insect" (I figured there was a joke in there somewhere but I let it go...). The Board approved a bid from the only pest control company that can handle this to see if we can save some of the infected trees and prevent the spread to others. Approved 3-0<br /><br /><strong>Miller Tree Removal Request</strong> - Under the "Irony" section of the agenda, our next item was a request from a resident to remove 6 healthy eucalyptus trees. We believe they want them removed as it was conveyed to them that they have to maintain them. Staff was directed to let them know the <span class="blsp-spelling-error" id="SPELLING_ERROR_29">HOA</span> will maintain them per the CC&Rs and perhaps that will assuage their need/desire to remove them. (I (jokingly) suggested they scrape some of the <span class="blsp-spelling-error" id="SPELLING_ERROR_31">LERP</span> pests off the sick trees...)<br /><br /><strong>BOARD DISCUSSION</strong><br /><strong>Web site</strong> - The <span class="blsp-spelling-error" id="SPELLING_ERROR_32">RFP</span> is prepared and we're getting bids to improve and redesign the web site. Cindy wanted to know when and it was noted we <span class="blsp-spelling-corrected" id="SPELLING_ERROR_33">have</span> to have a budget first, but we will move quickly once we have an approved budget and funding.<br /><br /><strong>Trail Crossing Signage</strong> - Marlene has been working with the city to get good sign "packages" to alert motorists at horse crossings. The city is amenable, but the best options are the most expensive of course. It was noted that the city had told us we could put up mirrors for riders to see oncoming cars from the trail - GREAT! But they have to be placed well off of city property or Nellie Gail assumes the liability for any accident that happens there that is blamed on the mirrors - BAD. So, we continue to explore all the possibilities. Again, thank you Marlene for riding herd on this. <br /><br /><strong>Crime in Nellie Gail</strong> - I noted that the last two months have seen several daytime break ins on Dillon Rd. Cindy suggested we get Lt. Loan and the Mayor to our next meeting to ask where is the reporting substation at the <span class="blsp-spelling-error" id="SPELLING_ERROR_34">NGROA</span> office we were promised, why we are down two officers and where are the patrols we used to have coming through. We'll be promoting this on the website and other places so <span class="blsp-spelling-error" id="SPELLING_ERROR_35">watch </span>for details.<br /><br /><strong>July 4<span class="blsp-spelling-error" id="SPELLING_ERROR_36">th</span> -</strong> Celebrate the 4<span class="blsp-spelling-error" id="SPELLING_ERROR_37">th</span> with your neighbors as we honor our own military members and veterans to the sounds of WW II Big band music. This takes place in the mid day so you can still feast at another barbecue and fireworks later in the evening.<br /><br />And that was it. There's only one more meeting for me to go after this. (Even if we fail to get 50% quorum I'm hoping to reschedule the 25% quorum annual meeting before the August board meeting so the new board can get going.)<br /><br />If I got any of this wrong, if you have corrections or additions (such as more details on any of these events) please let me know. See you around the Ranch.Unknownnoreply@blogger.com2tag:blogger.com,1999:blog-7665973965646326214.post-54710289003557200182008-05-22T08:17:00.000-07:002008-07-29T22:03:43.911-07:00Board Meeting May 21, 2008A really great meeting. Short, sweet and to the point. Let's hope they are all like this from now on. Cindy wasn't able to join us but Dr. Bettey wielded a fast moving gavel (rubber mallet actually) as Vice President and we moved through things at a good clip. Here are the highlights.<br /><br /><strong>Executive Session:</strong><br /><br />- The Board approved a contract with Merit Companies to handle our billing, financial reporting etc. This will save us about $2000 a month compared to the way we do things now. Way to go Maggie!<br /><br /><strong>Open Session:</strong><br /><br /><strong>Open Space Variance Request</strong> - A neighbor whose home contains a bit of open space that is surrounded by a 13 foot wall and not visible from the horse trail (or anywhere seemingly) sought to turn a weed strewn patch into an area with a koi pond, sport court and playground area. This proposal was approved 3-1 with Bob, Bill and I in favor and Jan opposing. A victory for common sense.<br /><br /><strong>Equestrian Stall Board Fee Increase</strong> - We heard from eight neighbors all opposed to increasing the board fees. Big surprise. Costs are increasing and the Board has approved a number of salary and other increases, gotten a new EC manager and other things for the Center to respond to concerns by the folks who use the EC, but now it seems we're hearing from a group that doesn't want to pay for those. In fact, we heard from some of these folks that non-equestrians should pay for these new goodies and cost increases because we knew it was an equestrian community when we moved in. I've written about this before so I'll leave it at that. For the record I will oppose any budget that doesn't make the Equestrian Center pay for itself the way the Tennis and Swim centers do and the way the HOA pays it's own costs. That is only basic fairness.<br /><br /><strong>Consent Calendar</strong> - We approved the minutes and the financial reports for February and March. Maggie was left with a disaster on her hands in trying to get the financial situation worked out. She has done an amazing job as has Maureen and with the new contract approved last night for Merit hopefully we will be in a position to do an accurate budget for the year.<br /><br /><strong>Swim, Tennis and Equestrian Reports -</strong> Lots of great programs and in the Tennis and Swim programs we have residents who won competitions and scholarships to college. We're going to see if we can get some pics and details for the official web site. Also, Mickey said for the record that he is against a stall board fee increase but is working to try to come up with ways to address the budget and the increasing costs to try to make an increase unnecessary. He also noted that the stall waiting list issue seems to be resolved and "There will be no more games" and the list is posted so everyone can see who is next. Also, the full rules book is outside the office at the EC for everyone to review because there will be no more exceptions made for people for not knowing the rules.<br /><br /><strong>Cell Phone Tower</strong> - We rejected a proposal (again) from the company who leases the land from us for the cell phone tower on HOA property. The revenue from the interest on an annuity from a sale of a permanent easement for the cell phone tower would not make up for the current stream if income we get now so the deal doesn't make sense for the HOA since currently that revenue is used to subsidize the EC. Approved 4-0<br /><br /><strong>July 4th Celebration</strong> - The Board approved expenditure of $250 to have a July 4th celebration headlined by the World War II Radio Band with a tribute to veterans and current military members in our community. We are under budget in the activities fund so we were able to fund this special event. It will be from Noon-2 so you can still do your evening fireworks parties later. Look for details from the office. Passed 4-0<br /><br /><strong>July 5th Open House</strong> - A local realtor asked permission to have the In and Out Burger truck at the HOA office on July 5th with free burgers for residents. It was decided to use this time to hold an open house for the Swim, Tennis and Equestrian centers as well. So come on down and see what's going on. We will be contacting the city for parking permission. Again, the office should release details on that. Passed 4-0<br /><br /><strong>Inspector of Elections</strong> - To keep our elections fair and to comply with the law we voted to appoint an official from the Merit Company to be the inspector of elections to oversee the election and annual meeting. So far there are only five candidates officially on the ballot, but anyone can run from the floor. So hopefully the election will be simple and amicable. Passed 4-0<br /><br /><strong>Emergency Preparedness Committee Report</strong> - Charles Steinmetz has done an incredible job getting our community a plan to organize in the event of an emergency. He proposed a letter to be sent to everyone and posted in the Pony Express to get people to provide emergency information contact information to be accessed by a very limited number of people and ONLY in an emergency. Please respond to this because if we have a major earthquake and you are injured and we don't have you on the list to check on or contact you or a loved one could die. If you do NOT sign up and provide information we will presume you wish to be on your own in an emergency and not be told what to do or where to go to protect yourself or receive aid. Passed 4-0<br /><br /><strong>Web Site</strong> - We brainstormed some ideas for the web site that will be part of a Request for Proposal (RFP) to get us a new web site. Once this is prepared we will get it out to professional web design firms, individual web designers, and neighbors like the Crouls who will try to help us find volunteers, community college programs or other options to get a great looking web site for little to no cost. If you have ideas, resources or suggestions for the web site, please post them here, send them to Maggie or any board member. Thx!<br /><br /><strong>Budget Hearing</strong> - We will be holding a budget meeting to discuss how to pay for all the wonderful amenities and programs we have. We are looking for a date that will work for all of the Board. Once we have that I will post it on the blog and the web site.<br /><br />And we adjourned at 8:50 happy, content and in good spirits. That's the way Nellie Gail Ranch should be and hopefully we are on a path to make this the usual way of things. We'll see you around the Ranch.Unknownnoreply@blogger.com3tag:blogger.com,1999:blog-7665973965646326214.post-79713858966528005102008-04-17T11:35:00.001-07:002008-04-17T11:42:11.574-07:00Web Site ImprovementsOne of my tasks I pledged to do when I ran was to improve the web site. The current one was hopelessly out of date (still is in many areas) but I have taken a stab at putting on some band aids, culling out the dead wood so it is not completely embarrassing. Please take a look at <a href="http://www.nelliegailranch.org/">www.nelliegailranch.org</a> It lists the new features I created. If you have pictures I can add to the site please send them to me.<br /><br />We want to dump it and completely redo it but we need to get an idea of what that will cost. To do that, we need an idea of what features it will need. This is the most basic list. Please tell me what to add:<br /><br />1) Be updated regularly with announcements and info<br /><br />2) Ability to pay dues and center fees online<br /><br />3) Contain prominently a link to the agenda and then the minutes of each meeting<br /><br />4) Ability to send those out directly to residents via e-mail as well as draft policies and other features<br /><br />5) Ability to file applications online for simple ARC items, apply for a stall at the EC, running for the board, reporting problems etc. Perhaps ability to reserve tennis courts or other things. Basically anything that you need to do in the offline world, you <span class="blsp-spelling-corrected" id="SPELLING_ERROR_0">should</span> be able to do online.<br /><br />6) A blog or other interactive forum for residents to be able to communicate back and forth to share their ideas. (not this one. To be fair to residents we should start from scratch so everyone feels it is their blog)<br /><br />7) Your ideas or must haves for the site redesign? Post them here.Unknownnoreply@blogger.com6tag:blogger.com,1999:blog-7665973965646326214.post-64085550732052760692008-04-17T07:03:00.001-07:002008-07-29T22:03:26.843-07:00Board Meeting April 16, 2008Another long night so let's get right to it. And as always, if there are corrections or deletions please tell me ASAP. I want this to be as accurate as possible..<br /><br /><strong>UPDATE:</strong> <span style="color:#ff0000;">Our attorney's conceeded they were in error in when they stated the requirement for a bylaw amendment was 50% of ALL of Nellie Gail and not just 50% of quorum. We need to stay on top of things like this because errors happen.</span><br /><br /><strong>Executive Session</strong><br />We discussed the questions and process for interviewing and selecting candidates for the ARC. There are six candidates. Three current members (of the five on the committee. Although the CC&Rs say there should only be 3) and three new applicants.<br /><br />We then discussed the status on one of the ongoing lawsuits. Per usual, I can't discuss the details, but look at our budget and financials to see how much we spend in legal fees each year...<br /><br /><strong>Open Session began at 7:10pm with all directors present</strong><br /><br />1. Cindy introduced Maggie <span class="blsp-spelling-error" id="SPELLING_ERROR_0">Merante</span>, our new general manager and provided some background on her. Welcome Maggie!<br /><br /><strong>2. Minutes:</strong> Approved with a couple of minor edits. Motion by James Second by Bob passed 5-0<br /><br />3. <strong>Consent Calendar -</strong> Rather than receive and file, Cindy opted to have the managers give their reports <span class="blsp-spelling-corrected" id="SPELLING_ERROR_1">verbally</span> for Maggie's sake.<br /><br /><strong>a) Tennis Report</strong> - Bob shared information on all the various types of leagues and programs offered at the Tennis center. Lots of programs for a variety of people day and night. I asked him <span class="blsp-spelling-corrected" id="SPELLING_ERROR_2">to post</span> all of that program information on the blog.<br /><br /><strong>b) Swim Report</strong> - Louis shared information on all the swim programs and noted they are trying to bring back a master's program for adults. He noted that we're approaching the summer season when we get 500-600 kids. I <span class="blsp-spelling-corrected" id="SPELLING_ERROR_3">asked him</span> to post all of the information on all the programs on the web site. Cindy asked him to be sure to have CPR training for all staff.<br /><br /><strong>c) Equestrian Report -</strong> Mickey gave a comprehensive overview of what's he's done in the month since he took over. Way too much great stuff to list here so he (knowing what was coming) said he'd post it all on the web site, but here are a few highlights that jumped out at me.<br /><br />-- There will be some upcoming events such as a Kentucky Derby party, a movie night, a horse nutrition seminar and a chiropractor for horses will do a demonstration.<br /><br />-- The subleasing and stall waiting list issues are being resolved. Bill had contacted Mickey suggesting that a deposit be required to get on the stall waiting list. That is to be brought back to the Board as an official policy.<br /><br />-- Mickey noted that our board fees are too low and need raised to match those of other facilities (this being the issue I raised at the candidate's forum when I ran and was roundly ripped apart and mocked for by the same group who pushed for Mickey to be the manager...)<br /><br />-- Noted that we pay $50,000 a year to dispose of horse manure. He's exploring options such as finding a "green" company to haul it for free or buying a truck so we can haul it away ourselves. The city won't let us do anything else because of the exclusive contract they have with CR&R.<br /><br />-- Cindy asked that the Equestrian Center staff receive CPR training as well.<br /><br />-- Time to replace/replenish the footing in the upper arena<br /><br />-- Middle arena needs redone<br /><br />-- Wants to buy some storage sheds and power wash and repaint the barns to make the center look better.<br /><br />-- A couple of (non-licensed?) Dressage trainers are coming in teaching lessons that "don't seem to bother people" but there have been complaints of foul language. I pointed out that trainers not licensed/credentialed what have you by the Association shouldn't be there at all since it is the policy and unfair to residents who want to train or bring in their own trainers for other disciplines. That policy has been used to drive away some families, but that was ignored and Jan only noted that we needed their insurance on file. I guess we have policies to keep out people we don't like rather than policies that apply fairly to everyone... (Is that negative to point out...)<br /><br /><strong>d) February 2008 Financial Reporting</strong> - Our financial reports are a disaster. Once Liza left that aspect of things fell apart. Bill has been really on top of this driving it. It was noted that the February report we got was incomplete and made no sense. Expenditures have not been categorized properly and so many bills went unpaid that we can't even use the current reports to develop an accurate budget. Maggie and Maureen ( our new assistant general manager) are tasked with fixing that first and foremost so we have an accurate financial picture. Every month the Board has hammered on this and Bill especially because he takes his duties as Treasurer very seriously. It was agreed that rather than approve the February Financials that we note they are a draft and are received and filed for now until they are made accurate.<br /><br /><strong>4) General Manager's Report</strong> - It is her third day on the job so she simply noted that getting the financial reporting and budget in order are her first tasks. And she is getting to know the staff and how they work.<br /><br /><strong>5) Presentations -</strong><br /><br />a) Nancy Michael- We were to approve a final ballot for the bylaws (which she noted had all been approved for the ballot at the last meeting...) but it was not an actual representation of what the ballot would actually look like. This was to be our last chance to approve the materials before the election but the Board was not comfortable approving documents that required so many changes.<br /><br />The change that the attorneys said needed made was this: Rather than approve the bylaw changes by 50% of the quorum of voters (<span class="blsp-spelling-corrected" id="SPELLING_ERROR_4">that is</span> those who vote in the election <span class="blsp-spelling-corrected" id="SPELLING_ERROR_5">so long</span> as more than 50% of them vote), they are saying that 50% of EVERYONE in Nellie Gail has to approve the bylaw changes. That would be like saying that a ballot proposition is only valid if 50% of everyone in California votes. Here's what our bylaws actually say:<br /><br />" The bylaws, and every part thereof, may from time to time be amended, altered, repealed, ... by the vote of a majority of a quorum of each voting class of members present in person or by proxy."<br /><br />Majority of a quorum, not majority of everyone in Nellie Gail.<br /><br />Next we discussed the election process. It was noted we needed an independent elections officer. Several people who actively campaigned against Bill and I were proposed and people seemed shocked that Bill and I didn't feel comfortable with them them... Ultimately we decided to ask Lt. <span class="blsp-spelling-error" id="SPELLING_ERROR_6">Doan</span> of the <span class="blsp-spelling-corrected" id="SPELLING_ERROR_7">Sheriff's</span> office to do it and if not him then one idea was to do an exchange with another <span class="blsp-spelling-error" id="SPELLING_ERROR_8">HOA</span>. They'd be the election officer for us and we'd be the officer for them. The election officer's job is to collect the candidate application and statements, make sure they are received by the deadline and that the statements are not read by others like incumbent board members running for re-election. And the officer also collects, secures and counts the ballots.<br /><br /><strong>DEADLINES FOR THE ELECTION THIS YEAR</strong><br /><br />May 16 5pm - Deadline for submitting your application and candidate statement - pick up your form from the office. I will try to post it on the website in a prominent place as well.<br /><br />June 16 - Ballots mailed to all homes<br /><br />June 25 - Candidate Forum and Forum to discuss bylaw amendment changes<br /><br />July 23 - Annual Meeting and election (if we get 50% quorum requirement, if not then the election <span class="blsp-spelling-corrected" id="SPELLING_ERROR_11">is postponed</span> to some date in future.)<br /><br />It was requested that the election rules be reviewed at the next board meeting.<br /><br /><strong>Public Forum</strong><br /><br /><strong>Marlene <span class="blsp-spelling-error" id="SPELLING_ERROR_15">Sandler</span></strong> - The horse traffic mirror is in the office. Where <span class="blsp-spelling-corrected" id="SPELLING_ERROR_16">should</span> it go? Cindy suggested she post it where she thinks best. She then noted the conditions of the trail behind a neighbor's home and wanted to know what we were going to do about it. Sandie noted that she was aware of it and working on it. Marlene also noted a trailer is often parked there. Cindy asked if we have a time limit on that. If the question was ever answered I didn't catch the response.<br /><br /><strong>Mr. and Mrs. <span class="blsp-spelling-error" id="SPELLING_ERROR_17">Meidell</span></strong> - Noted that an easement for a horse trail runs in their front yard that hasn't been maintained by the <span class="blsp-spelling-error" id="SPELLING_ERROR_18">HOA</span>. They want to plant artificial grass and cut down some trees. In subsequent discussions it was noted that the <span class="blsp-spelling-error" id="SPELLING_ERROR_19">HOA</span> should have done it's job in trimming their trees. This item was <span class="blsp-spelling-error" id="SPELLING_ERROR_20">agendized</span> for next month.<br /><br /><strong>Lorie <span class="blsp-spelling-error" id="SPELLING_ERROR_21">Blough</span></strong> - Noted that there are trees that back up to her property that need trimmed. In fact a limb fell and damaged her neighbors yard. She was told the tree was HER responsibility despite the fact that the association had maintained those trees for years. She noted that no one told her there was a change and if there was, please officially notify her. A heated debate amongst the Board ensued. Bill noted that the CC&Rs are clear that if the tree is in the easement it is her responsibility to trim and if not it is ours. No further discussion needed. Cindy wanted staff to look into the overall situation and <span class="blsp-spelling-corrected" id="SPELLING_ERROR_22">see if</span> <span class="blsp-spelling-corrected" id="SPELLING_ERROR_23">anything</span> needed done to determine which trees in Nellie <span class="blsp-spelling-corrected" id="SPELLING_ERROR_24">Gail's</span> were ours or neighbors and formally tell them so. Bill said it was not a priority and didn't want staff to spend time on it. It is the neighbors' responsibility to determine if the trees are in the easement or not. So if you have any questions, Sandie noted she has pretty good maps of easements. Contact her and find out if the trees are yours or the Associations to maintain. And remember that anything growing in your yard that grows out into the easement must be cut by you or the Association will trim it for you and bill you for it.<br /><br /><strong><span class="blsp-spelling-error" id="SPELLING_ERROR_25">Cheree</span> <span class="blsp-spelling-error" id="SPELLING_ERROR_26">Behringer</span></strong> - Any update on horse trailer parking? (Yes, part of the report you'll see below).<br /><br /><strong>Bryant <span class="blsp-spelling-error" id="SPELLING_ERROR_27">Rossiter</span></strong> - Gave an update on emergency preparedness efforts in Nellie Gail<br /><br /><strong>OLD BUSINESS</strong><br /><br /><strong>Conditional Use Permit (CUP) Update</strong> - Presented the options for getting into compliance with our (CUP). Recommended we not only get approval for the additional stalls but ask for more going from the current 96 to 104. Also, while getting approval we should get <span class="blsp-spelling-corrected" id="SPELLING_ERROR_28">approval</span> for other projects we MIGHT do if approved by Board and potentially residents if the cost is more than the amount required by the CC&Rs. These include:<br /><br />-- Create horse trailer parking for 15 spaces in the area below the dressage arena<br />-- Create 15 foot wide exercise path around the upper <span class="blsp-spelling-corrected" id="SPELLING_ERROR_29">arena</span><br />-- Add an exit driveway <span class="blsp-spelling-corrected" id="SPELLING_ERROR_30">below</span> the dressage arena<br />-- Change the sand volley ball court into a sports court<br />-- Change the abandoned bathrooms in the clubhouse into a fitness center, day care, offices, storage or other service use.<br />-- Turn part of the open space slope area into a viewing stand.<br /><br />I jumped on that last one. I asked if the Association really was going to exempt itself from the rules about open space when we deny residents the same right. That got through because Jan and Bob and others <span class="blsp-spelling-error" id="SPELLING_ERROR_31">pointed</span> <span class="blsp-spelling-error" id="SPELLING_ERROR_32">out</span> other non-open space areas in the EC that could be put.<br /><br />It was suggested that the hillside behind the barns be used as a turnout area. Bill suggested we explore getting a water tower and expanded feed storage space so that in an emergency the horses (and potentially residents) could access that in an emergency.<br /><br />Motion made by Bill and seconded by Jan to pursue the option to expand the <span class="blsp-spelling-corrected" id="SPELLING_ERROR_33">number</span> of stalls and all the other projects mentioned above. Passed 5-0.<br /><br /><strong>Architectural Review Committee Applications</strong> - Three of the six applicants were present, but one had to leave before we got to this point due to the lateness of the hour. The other three were not present including two of the <span class="blsp-spelling-corrected" id="SPELLING_ERROR_34">current</span> members.<br /><br /><strong>William Frey (new applicant)</strong> - made a great presentation noting the complexity and costs <span class="blsp-spelling-corrected" id="SPELLING_ERROR_35">of</span> the new projects and how we needed people with more professional experience. He is a developer himself who does renovations of homes. He noted he's been through the ARC process. He had some excellent ideas for improving the process and reducing the costs such as having a set of all blueprints of all the different models that could then be purchased by residents saving them the at least $5000 costs of getting new blueprints drawn up.<br /><br /><strong>Bonnie Adams (current member)</strong> - stated she wanted to keep the open spaces and things the way they are now. When I asked her about all the complaints about rude treatment, keeping people out of the room when their plans are reviewed, and all the other complaints -- she denied them all. Bill noted that twice in the last four years he went through the process and had to sit outside in the lounge with other residents while his fate was decided. She still denied that was possible. So in essence she called Bill and all the others who reported these problems liars. Never offered up an apology or a desire to ensure that it doesn't happen. Simply flat out denied it actually happened. "It never happened in the time I've been on the ARC" she said. When I was campaigning door to door, this was a common theme that people offered up to me on their own - the problems with ARC and they way they treat residents. And this included many people who had their plans approved so no sour grapes issues. So who are we to believe?<br /><br />Bill noted that if the others didn't show up they shouldn't be considered for the ARC. I noted these are volunteers and they had about 24 hours notice to be there which wasn't fair. We are scheduling another special meeting for next Wednesday and hopefully the other applicants can be present then. It's still not too late to apply for the ARC so get your application in ASAP. I'd rather have a vacancy and fill it later with someone who has respect for their neighbors and supports property rights than what we've heard or experienced from the current ARC.<br /><br /><br /><strong>Budget Preparation Planning Schedule</strong> - After debate and discussion we determined the following:<br />-- The budget must be adopted by 60 days before the start of the fiscal year. Our fiscal year is by practice starts October 1, but the bylaws say it is supposed to be July 1. But like many other previsions (having 5 members on the ARC instead of the three called for in the CC&Rs for example), it is ignored. I am willing to be flexible to get things done, but it seems there are some who want us to abide by the letter of the law of the bylaws and CC&Rs when it suits their personal agenda. If we're going to demand people follow policies, we have to do it consistently and apply them to everyone. That's just basic fairness and it is because that doesn't happen that we have the negative situation happening.<br /><br />So, we are going to adopt a budget by Aug 1 at the July 16<span class="blsp-spelling-error" id="SPELLING_ERROR_36">th</span> Board Meeting just before the Annual meeting and elections. Our first budget workshop, open to <span class="blsp-spelling-corrected" id="SPELLING_ERROR_37">the</span> public will be held Thursday June 19<span class="blsp-spelling-error" id="SPELLING_ERROR_38">th</span>. We are hoping by then that Maggie and Maureen have been able to restore our financial reporting so we can accurately gauge expenses to do a proper budget.<br /><br /><strong>Web Site Update</strong> - By this point it was nearly 11:30 and so I simply told everyone to look at the website and see the changes I have made thus far. I noted I was going to work with staff to get an <span class="blsp-spelling-error" id="SPELLING_ERROR_39">RFP</span> <span class="blsp-spelling-corrected" id="SPELLING_ERROR_40">prepared</span> to put the web redesign and maintenance out for bidding so we can get an idea of the costs for budget purposes. I'll do a special post about the web site later today or tomorrow.<br /><br />If you're still reading, you are a dedicated resident and I applaud you. Most will never read this, but my hope is that this will give people a resource to go back and research what happened and use it to decide how they will vote in the next election. I'm hoping that just knowing this record is being kept will make people feel better about the Board and the HOA.Unknownnoreply@blogger.com14tag:blogger.com,1999:blog-7665973965646326214.post-71910924107960992572008-04-04T10:48:00.001-07:002008-04-04T10:51:39.323-07:00Who You Gonna Call?This comment was made to another posting, but I thought I'd make it a full post because it is an important question:<br /><br />"Why is it, that our Homeowners association does not do more to encourage homeowners to keep up there yards. Along Rapid Falls there are yards that have tall weeds, old cars in the driveway being stored and terrible disrepairs on their homes. What do our guidelines enforce."<br /><br />The person to call is Sandie Erickson. Call her at the Association office at 425-1477. This is her job and if she isn't doing it we want to know it.Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-7665973965646326214.post-54894184990433539212008-04-03T15:26:00.000-07:002008-04-03T15:44:30.509-07:00We have a new General Manager!As hinted at earlier, we got very lucky and had a candidate for the general manager position suggested to us within hours of Glenn resigning. We took a chance and interviewed her before opening up the position to other candidates in hopes of saving us the long hours, costs and frustrations. It was important to get someone up and running right away because we needed someone down at the office. Jan and Cindy in the meantime did an amazing job keeping things going. Especially Cindy who was just incredible. If any of the Board members deserve to be re-elected after all of this it is Cindy. <br /><br />So who is the new GM? Her name is Maggie <span class="blsp-spelling-error" id="SPELLING_ERROR_0">Merante</span> and she comes to us from <span class="blsp-spelling-error" id="SPELLING_ERROR_1">Aliso</span> <span class="blsp-spelling-error" id="SPELLING_ERROR_2">Viejo</span> Community Association where she was the general manager for that 14,000 unit association. I checked her <span class="blsp-spelling-corrected" id="SPELLING_ERROR_3">references</span> myself and she got glowing reviews from those who worked with her, from one of her board members and from a former boss who also lives in <span class="blsp-spelling-error" id="SPELLING_ERROR_4">Aliso</span> <span class="blsp-spelling-error" id="SPELLING_ERROR_5">Viejo</span>. Maggie was with them for 1.5 years through her management company Merit before Merit lost the contract to another firm. That contract expired April 1st so you can see why we wanted to snap her up and had to keep things quiet while we checked her out.<br /><br />Everyone says she is warm personable, dedicated, smart and many other great qualities. She came up with a few ideas for saving us money already and how to improve the <span class="blsp-spelling-error" id="SPELLING_ERROR_6">HOA</span>. She lives in a community that also has horses and trails so she is not unfamiliar with the challenges. Prior to Merit she worked in the private sector for Toshiba. She has an excellent grasp of business principles and communication with demanding individuals. (That will come in handy here).<br /><br />I know there were folks wanting to know if the process would be open and how <span class="blsp-spelling-corrected" id="SPELLING_ERROR_7">residents</span> would participate. I looked at this and thought long and hard about this before realizing there really wasn't much way to do it. We needed to keep things quiet and move quickly if we were going to get her. Did we take the chance there is someone even better out there? Sure. But that's the risk you take on any hire. There may always be someone even better out there if you wait <span class="blsp-spelling-error" id="SPELLING_ERROR_8">long</span> enough. And frankly we don't have anyone on staff who is quite qualified to be the interim while we spent more time looking. If it helps, everyone is in agreement on how great she seems so if you don't trust me, you can trust one of the other board members you are in line with. I wish that there was a way we could have gotten more input, but I really don't know how without slowing things down and risking losing this opportunity. It's a matter of trusting that you elected the right group of people to get the job done right. We have a budget to prepare and adopt within a month. We have an election to plan and all the other usual problems and frankly none of us had the time to run the <span class="blsp-spelling-error" id="SPELLING_ERROR_9">HOA</span> and our own lives at the same time. I'll take my lumps with the rest of the board if this doesn't work out. (But then Jan and I are taking the easy way out and not running for re-election in June so the others will have to live with the consequences.)<br /><br />I encourage you to be open and give Maggie a try. We're going to set up some sort of meet the new GM reception hopefully before the next Board <span class="blsp-spelling-corrected" id="SPELLING_ERROR_10">meeting</span> on the 16<span class="blsp-spelling-error" id="SPELLING_ERROR_11">th</span> (or some date that works). Once she is on board, contact her to set up a meeting if you have things you want to talk to her about. She is very friendly and receptive to ideas. The greatest compliments she got were for her people skills.<br /><br />So there we are. I think she's going to be great. The other Board members think she will be great and we hope you do to. And if you don't, I'm sure we'll all hear about it. ; ) But here is a chance for (another) new beginning. Let's look at this as a chance to move forward again with new energy and ideas to address the issues that confront and sometimes divide us. Let's just give her a month or two before we have some new <span class="blsp-spelling-corrected" id="SPELLING_ERROR_12">equestrian</span> emergency to deal with though, please? <span class="blsp-spelling-error" id="SPELLING_ERROR_13">LOL</span>!Unknownnoreply@blogger.com9tag:blogger.com,1999:blog-7665973965646326214.post-17011160363214927072008-03-20T07:26:00.000-07:002008-07-29T22:03:08.777-07:00Board Meeting March 19 2008<span class="blsp-spelling-error" id="SPELLING_ERROR_0">YOWZA</span>! What a board meeting last night. Or as Bill <span class="blsp-spelling-error" id="SPELLING_ERROR_1">Enholm</span> called it "Beat up James Night" A parade of speakers from the floor and on the <span class="blsp-spelling-corrected" id="SPELLING_ERROR_2">dais</span> lined up to take me on because of this blog. Apparently the adage of if you can't beat him, beat up on him is their motto. First the usual disclaimer: This is my report <span class="blsp-spelling-corrected" id="SPELLING_ERROR_3">based on</span> my notes. If I got anything wrong, please contact me or leave a comment and I will correct any wrong information. Because I take the time to do this, I reserve the right to add my own color commentary.<br /><br /><strong>Executive Session</strong><br /><br /><ul><li>We had updates on five legal matters. </li><li>We rejected (again) an inquiry to give a permanent easement to the cell phone tower.</li><li>We discussed drainage over trails from one neighbor's property onto another. (Please understand that water coming from your neighbors yard, even across the trail, is YOUR responsibility to drain away. )</li><li>Saddle Insurance - We discussed this, but voted on it in open session so see below</li></ul><p><strong>Homeowners Forum</strong></p><p>Barry <span class="blsp-spelling-error" id="SPELLING_ERROR_10">Roa</span> - Expressed concern about safety issues related to horses. He noted the city said they may put in some new signs at some crossings. He noted that on the same day both he and his wife separately were stopped near the Equestrian Center to allow a horse to cross when another car tried to swerve around them and they each used their car or the car door to block the car so as to prevent it from hitting the horse and rider (a young girl in one case). Please folks. I know we're all busy and hate to wait but cars are usually stopped for a good reason so let's be more careful.</p><p><strong>Marlene <span class="blsp-spelling-error" id="SPELLING_ERROR_19">Sandler</span></strong> - I looked at the reserves study and the wording makes it sound like the homeowners are contributing to the reserves. I think it is the wording and it should be corrected in the Pony Express to correct the wrong information out there. Bill pointed out (if I understood this correctly) that there once was one reserve fund for all of Nellie Gail. it was divided up at some point and a big chunk given to the EC. I pointed out to her that the only reason the budget balances is <span class="blsp-spelling-corrected" id="SPELLING_ERROR_20">because</span> of the cell phone tower revenue. If not for this and other budgeting gimmicks the Center wouldn't pay for itself. </p><p>She also asked about the insurance policy on the equestrian center and the community arenas. I'll discuss this down below on that action item.</p><p><strong>Linda <span class="blsp-spelling-error" id="SPELLING_ERROR_21">Mudd</span></strong> - She noted that while passing <span class="blsp-spelling-error" id="SPELLING_ERROR_22">Moulton</span> arena a tractor was working and a huge dust cloud was blowing across the road <span class="blsp-spelling-corrected" id="SPELLING_ERROR_23">obscuring</span> the road and causing a dangerous situation. She noted that these dust clouds are <span class="blsp-spelling-corrected" id="SPELLING_ERROR_24">annoying</span> to neighbors and are dangerous to cars. Can anything be done she asked? (Thank you for bringing this to our attention. Is this common ? )</p><p>She noted that the medians did not look beautiful <span class="blsp-spelling-corrected" id="SPELLING_ERROR_25">because</span> there were no plants. She noted that there were rails from fences down all over Nellie Gail </p><p><strong>GENERAL BUSINESS</strong></p><p><strong>1. Annual Meeting Planning</strong> - The board voted 3-2 (Cindy, Bill and I in favor and Jan and Bob against) to place two additional bylaws changes on the ballot for residents to decide if they wish to end proxy voting and cumulative voting. Jan and Bob didn't even want you to <span class="blsp-spelling-corrected" id="SPELLING_ERROR_26">have</span> the right to vote on it for yourself. Cindy indicated she was probably against these but said the residents should have the right to vote on them. This will join staggered terms for Board members as an item on the ballot as well. Our attorneys were against putting these on because he thinks the homeowners are not capable of handling multiple items on a ballot. (I kid you not. He said that.) Don't worry. We'll use small words. You'll be fine.</p><p><strong>2. Budget Planning</strong> - Budget's coming. The board will schedule a budget workshop and yes anyone can attend.</p><p><strong>3. Code of Ethics</strong> - Whew! This is where the fireworks really kicked in. I'm going to do a whole separate posting on this for many reasons, but in the end Cindy and I voted for my version of the code of ethics. Bill opposed it because it was too long and Bob and Jan opposed it for many reason I'll expand on later. Then Jan and Bob put forth their version of the Code of Ethics and that was adopted 5-0. I didn't get the comprehensive code that would address the more serious issues, but I met my <span class="blsp-spelling-corrected" id="SPELLING_ERROR_27">campaign</span> promise to finally get them to adopt a Code of Ethics.</p><p><strong>4. Architectural Review Committee (ARC)-</strong> We're still accepting applications and next meeting we will publicly meet to interview the candidates. There have been about six people applying for three slots. (Although the current ARC has five members even though the CC&Rs say only three are allowed, but why should the <span class="blsp-spelling-corrected" id="SPELLING_ERROR_28">group</span> responsible for enforcing the CC&Rs actually comply with them themselves? ) I'm looking forward to this interview because the current members have much to answer for due to their treatment of residents. But I want to be fair and hear their side of the story. Be sure to submit your application the project you save may be your own!</p><p><strong>5. Scheduling</strong> - Mickey was great last night. He got up and noted there was some confusion over the proposed rule that was sent out that stated the Hayden Group was to get priority usage of the Middle Arena at times. That was not true. It was not what any of the <span class="blsp-spelling-corrected" id="SPELLING_ERROR_29">participants</span> said, but it appears Jan reported back to Glenn that this was the case and so it was sent in error. Several neighbors said Mickey was unfairly tarred by this at the start of running the EC because it gave the impression he was taking over the EC. I want to note here that this is not the case and Mickey wasn't at fault and he deserves a fair chance at making this work. I have problems with these set ups, but since the Board majority approved it we should give it a fair shot to work.</p><p><strong>6. Equestrian Center Rules</strong> - Mickey took a stab at consolidating all the EC rules down and developing a set of rules for the community arenas. They were discussed briefly due to the lateness of the hour and we will hear more about them next month.</p><p><strong>7. Stall Waiting Policy</strong> - It was noted that some people who had sub leased a stall were dropped off the waiting list and that didn't seem fair. It was agreed that those who were on the waiting list for a stall and were dropped when they sub leased one will be returned to the waiting list in the approximate spot they were in before they were dropped. </p><p><strong>8. Trainer/Clinician Charge Policy</strong> - After Jan asked that a lot of time and effort be put into developing a new policy (see previous rants by me on this) it was agreed to let Mickey take a stab at developing a policy, but it was noted by Jan (a trainer who pays little) that we should only charge trainers and clinicians who are making lots of money not those who are making small amounts of money. (But she opposed adopting any conflict of interest policy earlier in the evening. I'll let you put those two facts together and draw you're own conclusion.) </p><p><strong>9. Saddle Insurance Policy</strong> - It was suggested that we raise our insurance coverage on equestrian related issues from $1 million to $2 million. I asked my questions from the Agenda posting below: 1) What amount of the discount was due to adopting the trainer policy? A. No way to tell. 2) Does the insurance company know that the trainer policy we adopted to get lower rates only applies to the EC and not the community arenas? A. Glenn didn't know but would have to ask. It was noted that the insurance covers all <span class="blsp-spelling-corrected" id="SPELLING_ERROR_35">equestrian</span> activity in the common areas of Nellie Gail (Trails, EC and <span class="blsp-spelling-corrected" id="SPELLING_ERROR_36">community</span> arenas). To increase our coverage to $2 million will cost $1000 a year. Our umbrella policy actually might cover that additional amount and more. Glenn <span class="blsp-spelling-corrected" id="SPELLING_ERROR_37">would</span> need to check. We don't know if we have the budget to cover the increased cost (or any of the other increased costs and expenditures approved this year for the EC) but what equestrians want, equestrians get and the increase was approved 4-1 with myself voting no because -- call me crazy -- I think we ought to check to see if we can afford something before buying it. </p><p><strong>10. Community Bulletin Boards</strong> - We like the idea of putting up <span class="blsp-spelling-error" id="SPELLING_ERROR_38">bulletin</span> boards around the community, but need to <span class="blsp-spelling-error" id="SPELLING_ERROR_39">see</span> what the budget says first. I guess because the <span class="blsp-spelling-corrected" id="SPELLING_ERROR_40">equestrians</span> weren't asking for them it was <span class="blsp-spelling-error" id="SPELLING_ERROR_41">ok</span> to wait for the budget. Yeah I know. There he goes again being <span class="blsp-spelling-error" id="SPELLING_ERROR_42">snarky</span> and negative...</p><p><strong>11. Conditional Use Permit</strong> - Work progresses and we will get a presentation next month on the progress and some suggestions. Micky Hayden was very helpful in this with some good ideas per Glenn.</p><p><strong>12. Web site improvements</strong> - I am getting access to the web site to make some immediate changes and we will hold off on any real redesign I suggested until after the budget process when we determine what we can or can't afford to do. </p><p><strong>C. General Managers Report</strong> </p><p><strong>1. Yoga Classes at the <span class="blsp-spelling-corrected" id="SPELLING_ERROR_43">Equestrian</span> Center</strong> - A teacher will charge for private and group lessons. Whether or not to charge the teacher to use the <span class="blsp-spelling-corrected" id="SPELLING_ERROR_44">equestrian</span> center <span class="blsp-spelling-error" id="SPELLING_ERROR_45">room</span> for this was left to Mickey to decide. (We're making him earn his pay already). </p><p><strong>2. Landscaping</strong> - Glenn is exploring using annuals and <span class="blsp-spelling-corrected" id="SPELLING_ERROR_46">perennials</span> at the entrances and on medians <span class="blsp-spelling-corrected" id="SPELLING_ERROR_47">which</span> should help keep the costs down. He said we're waiting for proposals.</p><p><strong>3. Invoices from Sunset Landscaping</strong> - Glenn shared that Sunset Landscaping is doing unauthorized work (something that was allowed in the past under previous <span class="blsp-spelling-error" id="SPELLING_ERROR_48">GMs</span>) and billing us for items and labor that they <span class="blsp-spelling-corrected" id="SPELLING_ERROR_49">should</span> not be charging us for. Glenn noted he has asked for a schedule of the costs that <span class="blsp-spelling-corrected" id="SPELLING_ERROR_50">aren't</span>' covered by the contract so he can tell when he gets the bills if we're being charged an agreed to amount. He feels it is his duty to review these and approve charges in advance of <span class="blsp-spelling-corrected" id="SPELLING_ERROR_51">the</span> work as part of his fiduciary duty and noted that some future board might call him on <span class="blsp-spelling-corrected" id="SPELLING_ERROR_52">the</span> carpet for paying invoices for work that hadn't been approved. </p><p>We adjourned into Executive session to deal with a personnel issue at 10:30pm and we finished that meeting at Midnight. Don't you wish YOU could be a Board member? </p><p></p>Unknownnoreply@blogger.com6tag:blogger.com,1999:blog-7665973965646326214.post-38593427722982077382008-02-27T10:03:00.000-08:002008-07-29T22:02:31.907-07:00Board Meeting February 26, 2008Another great board meeting last night. The Board may disagree on individual issues, but we get along very well and the meetings are productive, cordial and even a lot of laughing goes on. Here are my notes from the meeting. As <span class="blsp-spelling-corrected" id="SPELLING_ERROR_0">always</span>, if I am wrong about something, please correct me and always feel free to comment and add on if you were there or ask questions about <span class="blsp-spelling-error" id="SPELLING_ERROR_1">things</span> you want to know more about.<br /><br /><strong>Executive Session:</strong> Most of the items we discussed were actually voted on in open session. Why do we discuss them in closed session then? We want to get advice from our attorneys about some things so we don't say or do something stupid in public. Or we might discuss how much we want to pay for <span class="blsp-spelling-corrected" id="SPELLING_ERROR_2">something</span> but not say so in public to tip off vendors as to what we're willing to do or not. I share with you everything I am allowed to share.<br /><br /><strong>Architectural Review Appeal Hearings:</strong> We heard from two neighbors who were appealing decisions made by the <span class="blsp-spelling-corrected" id="SPELLING_ERROR_3">Architectural</span> Review Board. (By the way - we're accepting applications for the ARC so if you wish to serve let us know!) The first proposal to extend 25 feet into the slope and approve an outdoor inside bathroom (yes, <span class="blsp-spelling-corrected" id="SPELLING_ERROR_4">that's</span> what we have to call it) was deferred until Jan and Bob take a look at it. I am in support because (within reason) it's your property and you <span class="blsp-spelling-corrected" id="SPELLING_ERROR_5">should</span> be able to do what you want so long as it doesn't impact your neighbors and contributes to improving the property values by making the area look good. Others think that decaying barns and weed strewn hills are "natural" and "equestrian" and shouldn't be touched. We agree to disagree on this.<br /><br />The second appeal was denied. Because we are involved in a lawsuit with this property owner I will refrain from commenting further. Lawyers and all that you know...<br /><br />Homeowners Forum:<br />I understand that some residents feel intimidated to speak at the open forum now because I am reporting what they say here in the blog. They feel it is negative, especially when I comment on their comments. I'm sorry they feel that way. But I think it is important for everyone to hear what they are saying especially when they propose that all of us subsidize the Equestrian Center because they don't want to pay the real costs involved. Everyone should know that we are being asked to bear the costs of people with million dollar homes, who pay tens to hundreds of thousands of dollars on horses and all the related costs but can't afford to pay to maintain and improve the Equestrian Center and the arenas. What's more galling about this is that many (most?) of the boarders we'd subsidize aren't even residents! <span class="blsp-spelling-error" id="SPELLING_ERROR_6">Ok</span>, enough haranguing of the "Desperate <span class="blsp-spelling-error" id="SPELLING_ERROR_7">Horsewives</span>." They are all very nice people who mean well, they are good neighbors who done wonderful things for the community. We just happen to fundamentally disagree over who should pay for the equestrian center, that's all.<br /><br />Gail <span class="blsp-spelling-error" id="SPELLING_ERROR_8">Croul</span> - Gail is suggesting we bring in a yoga and <span class="blsp-spelling-corrected" id="SPELLING_ERROR_9">Pilate's</span> teacher to give classes down in the <span class="blsp-spelling-corrected" id="SPELLING_ERROR_10">equestrian</span> center. She provided background on the teacher and suggested this would be another means of helping to bring in revenue to pay for the <span class="blsp-spelling-corrected" id="SPELLING_ERROR_11">Equestrian</span> Center and to help bring together equestrians and non-equestrians. I agree and hope she is successful. Look for announcements in the Pony Express.<br /><br />Mike Bland - Mike spoke about the speed limit problem. (The City Council is being forced to raise the speed limit in parts of Nellie Gail where there are no homes, but are horse crossings and parks). He and others are seeking creative ways to get exemptions that take into account the special conditions. Marlene <span class="blsp-spelling-error" id="SPELLING_ERROR_12">Sandler</span> has also been working on this and we <span class="blsp-spelling-corrected" id="SPELLING_ERROR_13">have</span> asked staff and these neighbors to keep us apprised. Three of the City Council members live in Nellie Gail, we thought we could depend on them to help track these issues and watch out for our concerns. <strong>Where are you guys?</strong><br /><br />Side note - Mike and his wife Jean are very involved in the effort to get a pro-humane shelter in <span class="blsp-spelling-error" id="SPELLING_ERROR_14">Laguna</span> Hills. I'm asking them to provide me with some material for the blog for those who want to get involved. There are some on the City Council who have been less than helpful shall we say on this issue. If you saw the recent newsletter from <span class="blsp-spelling-error" id="SPELLING_ERROR_15">Laguna</span> Hills please be aware they don't present the full or accurate picture... Their numbers of animals turned in includes dead animals including over 100 dead birds and possums...<br /><br />Tom <span class="blsp-spelling-error" id="SPELLING_ERROR_16">Epperson</span> - echoed the <span class="blsp-spelling-corrected" id="SPELLING_ERROR_17">concerns</span> about speeding but also noted that Nellie Gail changed its meetings to the same night as the City Council. We fixed that last night and are moving our meetings to the third Wednesday of the month for now. <span class="blsp-spelling-corrected" id="SPELLING_ERROR_18">Thanks</span> for bringing this to our attention.<br /><br />Business Meeting: we approved the minutes and the reports from the Tennis and Swim centers. (You're thrilled to know that, i can tell...)<br /><br /><strong>A. Annual Meeting</strong> - we're starting to plan for the annual meeting where we approve bylaw changes and elect officers. We are drafting new election rules this year to address things like ensuring that the deadline for filing is really a deadline and not allowing candidates to apply afterwards like last year. And make it crystal clear that using the Pony Express to campaign for candidates is against the law (ahem, Jan....) An attempt to change the quorum to 25 down from 50% was turned down last month so we still have to churn out the voters. (We've only met quorum once ever and that was last year. So why we didn't change it I'll never know....)<br /><br />In addition we're considering and will vote on next month five different proposed bylaw changes to put to the residents to approve. Those are:<br /><br />1) Staggered terms - We will change the terms to two year terms and stagger them so that not all of the board is up for election every year. This year, if approved, the top three vote <span class="blsp-spelling-error" id="SPELLING_ERROR_19">getters</span> will get 2 year terms and the 4<span class="blsp-spelling-error" id="SPELLING_ERROR_20">th</span> and 5<span class="blsp-spelling-error" id="SPELLING_ERROR_21">th</span> top vote <span class="blsp-spelling-error" id="SPELLING_ERROR_22">getters</span> will get a one year term. Then every election that follows will be for two year terms. Got that?<br /><br />2) Term Limits - We will propose term limits for Board members to ensure that sheer apathy or use of proxies doesn't ensure that we allow someone to serve past their logical expiration date.<br /><br />3) Elimination of Cumulative Voting - Cumulative voting means that if there are five slots open and you have five votes you can give all five votes to one person. Most elections in the real world are one vote for one candidate. This bylaw change would eliminate cumulative voting in favor of one vote for each candidate.<br /><br />4) Elimination of Proxies - Proxies allow candidates to go to neighbors and say "Allow me to decide who needs all five of your votes so we can continue to control the Board." The original intent was to be like absentee balloting saving you from having to attend a boring meeting. But it has become a way (combined with cumulative voting) to allow one small active group to thwart the wishes of the broader community. eliminating proxies and cumulative voting will make our elections like those for any other election while still allowing you the comfort of voting from home.<br /><br />5) Vacancies in office - The lawyers are proposing some changes to how we fill vacancies. We will get details later.<br /><br />Now, of course I have my obvious bias on these. There are pro and con arguments, but since the Association decided not to keep Minutes that would reflect all the information at a Board meeting I take the <span class="blsp-spelling-error" id="SPELLING_ERROR_23">positon</span> that if I am doing the work I deserve to use the platform my own way. ; ) Perhaps this will encourage the <span class="blsp-spelling-corrected" id="SPELLING_ERROR_24">Association</span> and the other Board members who oppose these to post heir own arguments or the pros and cons of each as provided by the attorneys. To be fair, if they provide me something in soft copy to cut and paste I will happily post those here for everyone.<br /><br /><strong>B. Budget</strong> - It's budget time. Now e get down to the <span class="blsp-spelling-error" id="SPELLING_ERROR_25">nitty</span> gritty of things. Does <span class="blsp-spelling-corrected" id="SPELLING_ERROR_26">the</span> <span class="blsp-spelling-corrected" id="SPELLING_ERROR_27">Equestrian</span> center really pay for itself? How do we fund all of these pay increases and benefit increases we've approved (<span class="blsp-spelling-corrected" id="SPELLING_ERROR_28">including</span> giving more money from the Association funds to subsidize Louis staff at the pool since he won't pay enough to them himself). we will also look at those contracts to see if we can't get a better deal out of the people running their businesses out of our <span class="blsp-spelling-corrected" id="SPELLING_ERROR_29">association</span> <span class="blsp-spelling-corrected" id="SPELLING_ERROR_30">facilities</span> where we pay all of the costs such as maintenance while they simply give us 5-6% of the gross. (<span class="blsp-spelling-corrected" id="SPELLING_ERROR_31">Really</span>, that's the deal we have...)<br /><br />We will hold budget workshops in March which will be announced.<br /><br /><strong>C. Change in Board Meeting Schedule</strong> - As noted above we changed it.<br /><br /><strong>D. Web site</strong> - Glory be we will hopefully start tackling the web site. it's an embarrassment at best. It makes it look like <span class="blsp-spelling-corrected" id="SPELLING_ERROR_32">Nellie</span> Gail shut down around February of last year. As one example of the quality, under Hot Links in the Vacation folder we have one link - it's a map of Honolulu it says, but it <span class="blsp-spelling-corrected" id="SPELLING_ERROR_33">takes</span> you to a broken link in <span class="blsp-spelling-error" id="SPELLING_ERROR_34">Mapquest</span>. Try the search engine and enter "equestrian." You find a notice of a special board meeting and a list of links to neighbors in the online address book. So sad. But i am <span class="blsp-spelling-corrected" id="SPELLING_ERROR_35">working</span> with Glenn to get <span class="blsp-spelling-corrected" id="SPELLING_ERROR_36">the</span> company to change what we can for now and with luck we can get some budget funding to toss it and get a better web site. if any of you have background or ability and are willing to help improve this, let me know!<br /><br /><strong>E. Conditional Use Permit (CUP)</strong> - We have to get our CUP amended because we are out of compliance with local and county agencies for having more stalls at <span class="blsp-spelling-corrected" id="SPELLING_ERROR_37">the</span> equestrian center than we should. Yes, it <span class="blsp-spelling-corrected" id="SPELLING_ERROR_38">should</span> <span class="blsp-spelling-corrected" id="SPELLING_ERROR_39">never</span> <span class="blsp-spelling-corrected" id="SPELLING_ERROR_40">have</span> happened, but let's move forward. It is going to cost up about $14,000 to get in compliance so while we have the hood up we're looking at getting approval for any other changes we might want to make down the road. We will hold a public workshop, so if your dream was to get a karaoke bar <span class="blsp-spelling-corrected" id="SPELLING_ERROR_41">built</span> at the Clubhouse <span class="blsp-spelling-error" id="SPELLING_ERROR_42">now's</span> the time to speak up. What we approved last night was $5200 for architectural drawings that will be required for the City in the process. We could try to do them ourselves but run the risk of them being incomplete or done wrong and that could cost us more in time and money. One unnamed board member was complaining about having to pay this money. I couldn't help put tell this person that this is what residents go <span class="blsp-spelling-corrected" id="SPELLING_ERROR_43">through</span> from our own ARC and Board when they want to make simple changes and the ARC insults their drawings or are forced to get professional drawings. I love it when governmental bodies get a taste of their own medicine. It would be my fantasy that this would make them more reasonable in their demands of our own neighbors but I'm not holding my breath...<br /><br />Also, some have asked to see a copy of the CUP. It was last filed in 1996 when the barn was put in. And the county or the city has lost it. Our government in action. I am happy to share with anyone a copy of the materials I was given by the GM. (Those that the Board agreed to release which was everything but a letter from our attorney).<br /><br /><strong>F. Mickey Hayden Contract to Manage the Equestrian Center:</strong><br />Motion to Approve made by Bob and Seconded by Jan. Measure passed 3-1. I opposed this.<br /><br />My view was that he has a conflict of interest because he is to be the referee on <span class="blsp-spelling-corrected" id="SPELLING_ERROR_44">conflicts</span> between residents and trainers. so the guy in the conflict is the referee to resolve them? That's a recipe for disaster. And we've seen from the other centers that these folks push their costs for their business onto the Association. And Mickey will decide if and when we need more/different jumper trainers. Gee, isn't Mickey the jumper trainer at the center?<br /><br />People say Mickey is honorable, dependable, trustworthy and a great guy. I don't know him so I'll take people at their word. But, Mickey won't be there all the time and he is hiring someone else to do most of the job. The woman's name is Linda and gets high marks from others. So maybe it will all work out after all. I will hope for the best and support this now that it's been voted. This is a test case for seven months so we will see and re-evaluate then. Also, we have a 30 day cancellation clause if this is a total disaster.<br /><br />G. <strong>Cell Phone Tower Proposal:</strong> We had a company approach us to buy a permanent easement for the cell phone tower. The amount offered would not have generated enough interest income to replace the revenue we get from the lease. So the offer was rejected. (I'm glad. I've opposed this from the beginning for this very reason).<br /><br /><strong>H. Reserve Study Proposal:</strong> Glenn (and Mickey) determined that our reserves don't accurately account for the real costs such as the arena bases. The reserves call for footing (which is really a maintenance item not a capital item) but not for bases and other costs. So we approved a contract for a company to review and improve our reserve study. We took the cheapest option because law requires us to do a full reserve study every three years. But to do the budget this year we have to have a better idea of what we need to budget reserves, especially the equestrian center.<br /><br /><strong>GENERAL MANAGER'S REPORT</strong><br /><br />A. The proposed rule change on the middle arena schedule will be sent out soon. (By the way, I asked why we didn't have to send out a notice for a change as big as turning the equestrian center over to an outside vendor to manage, but the attorneys say that this issue isn't covered by the law that way... go figure....)<br /><br />B. Pony Express - Glenn is looking to improve the look and content of it and make it more informational <span class="blsp-spelling-corrected" id="SPELLING_ERROR_45">including</span> things like public safety columns form the sheriff and fire departments.<br />Jan asked when Lt. <span class="blsp-spelling-error" id="SPELLING_ERROR_46">Doan</span> will come give us a talk about crime stats and the like. It was going to be in February. We are looking to schedule that after the budget season is over.<br /><br />C. Fred (our attorney) said there is a new state law that limits the Board discussing or even really mentioning any item not on the agenda. The intent of the law was to avoid the Board bringing up an issue, having most of the <span class="blsp-spelling-corrected" id="SPELLING_ERROR_47">discussion</span> and then holding the vote the next month to technically be in compliance while having the effect of not letting residents who want to hear the discussion from being <span class="blsp-spelling-corrected" id="SPELLING_ERROR_48">present</span> for it. So now we have to send Glenn an e-mail, he can look into it and if he can address it he can respond to all of us. If <span class="blsp-spelling-corrected" id="SPELLING_ERROR_49">not</span> then <span class="blsp-spelling-corrected" id="SPELLING_ERROR_50">we</span> have to wait until the next Board meeting where we will no doubt have questions Glenn can't answer delaying the issue for another month. Thanks Sacramento!!!!<br /><br />D. <span class="blsp-spelling-error" id="SPELLING_ERROR_51">Laguna</span> Hills is finally going to do the landscaping improvements that Nellie Gail Ranch has asked for for years. Apparently residents think weed strewn <span class="blsp-spelling-error" id="SPELLING_ERROR_52">unlandscaped</span> "open spaces" are ideal for us in Nellie Gail; but not good on <span class="blsp-spelling-error" id="SPELLING_ERROR_53">Oso</span> Parkway...<br /><br />E. The Code of Conduct and Ethics was presented as a draft for us to vote on next meeting. I asked that it be posted on the web site and sent by e-mail to everyone along with the missing turtle notices. I'm told that Jan doesn't like the proposed code of ethics because one provision says that Board <span class="blsp-spelling-corrected" id="SPELLING_ERROR_54">members</span> shouldn't develop personal relationships with staff and vendors. There were two reasons I put this in: 1) An exit interview with one staff <span class="blsp-spelling-corrected" id="SPELLING_ERROR_55">member</span> found that most of the staff think the biggest problem in Nellie Gail is Board members getting involved with and favoring certain staff members. These staff feel that they can go around the GM to the Board when they are unhappy causing an undermining of authority. 2) The military and many large companies have similar policies to avoid situations where liability can be a concern such as sexual harassment, discrimination and other potential lawsuits. Also, vendors who may be competing for contracts (and some day we might actually do more of that) might view close personal relationships as a conflict of <span class="blsp-spelling-corrected" id="SPELLING_ERROR_56">interest</span> leading to lawsuits of unfair business dealings if the winning personal friend vendor might have gotten preference or an unfair advantage such as inside information on the bids of others. No one is saying that this is happening now, and the current board might be pure driven snow, but future board members might need this "guidance" shall we say. Please let the Board know you think it is time we adopted a strong code of conduct and ethics!<br /><br />F. Policy for Charging Trainers and Clinicians - Jan Curtis brought this issue up last month asking that we develop a new policy because we didn't seem to <span class="blsp-spelling-corrected" id="SPELLING_ERROR_57">have</span> one in her opinion. I got saddled with this but decided to be a good sport. I asked Jan for every old policy, background, document etc. She told me there wasn't much but would get me what she could. I held a meeting in my home, posted a draft on the blog, circulated it to a wide <span class="blsp-spelling-corrected" id="SPELLING_ERROR_58">swath</span> of residents for comment. I got many good notes and feedback from many of them. Last night when this was brought up as a draft noting that we will vote on it next month, Jan piped up to ask for the copy of the old policy. When Glenn noted that he might not have one or an indication which is the current, Jan noted that she did and would get it to him and the Board "as an alternate policy." So I'm thinking, you said there was no <span class="blsp-spelling-corrected" id="SPELLING_ERROR_59">policy</span>, you didn't have anything -- now you not only have the old policy you want it to be the alternate to the policy that you yourself asked for at the last Board meeting?!?! I was ready to go off on her right there. But then I realized that once you get to be of a certain age, it is easier to get confused. She might not even remember that it was her who asked for a new policy in the first place so I guess we need to be understanding and more patient. She has told others this is her last year on the Board and after 17 years we should allow her some dignity and indulgence. But we need to check first in future before we grant some of her requests. I have to say this makes me nervous about a whole lot of other information and background she's shared with us which we used as the basis for some of our decisions. If she was this confused about this policy.... Perhaps some of the other long time residents can help create an archive of written documents for historical purposes so we aren't dependent upon memories of our well meaning elder residents when deciding such important issues. Jan is a wonderful long time resident who has done much good over the years. We revere her contributions, but we need to be pragmatic about how much we can depend on her and prepare for a new generation of those who will carry on her work and legacy once she is gone.Unknownnoreply@blogger.com18tag:blogger.com,1999:blog-7665973965646326214.post-49337963169608501172008-02-15T15:26:00.000-08:002008-02-15T15:38:33.508-08:00First Rough Draft of Code of EthicsI ran on a promise to introduce and push for a Code of Ethics. I was assigned as a committee of one to come up with something for discussion at our next board meeting. As a resident and neighbor, I share this work in progress to get your feedback and input. I will be submitting a draft for the General Manager to review and put in the Board packets for our meeting on the 26th of February. so you have until 6pm on the 19th to comment. I want to get this to Glenn for him tohave a day or two to review before it is due the 22nd. This is a work based on five different sample policies and takes into account some of the particulars of NGROA. There is also a section related to staff, vendors and contractors per the request of the GM and Board. Thanks for your assistance!<br /><br /><p align="left"><strong>Code of Conduct and Ethics for Board Members<br /></strong><br />We, the Nellie Gail Ranch Owners Association officers and directors will:<br /><br /><strong>KNOWLEDGE<br /></strong>Be familiar with our association's governing documents (CC&R's, bylaws and rules).<br /></p><p>Avail ourselves of educational opportunities such as those offered by the Community Associations Institute, and will do all we can to be better informed as to operating our association under California law and association best practices.<br /><br /><strong>BUSINESS PRACTICES</strong><br />Strive at all times to exercise good and prudent business judgment on behalf of the Association.<br /></p><p>Come to meetings prepared, having reviewed the agenda and all other documents provided to us and to notify the President of the Board and management in advance if my absence from a meeting will be necessary. <br /></p><p>Arrive at meetings early, in order to read any last-minute information given to us to consider.<br /></p><p>Notify the general manager and members of the Board If I am unable to routinely attend meetings or otherwise fulfill my obligations as a member of the Board of Directors, I will resign my position if and when I am asked to do so for the best interest of the Association.<br /></p><p>Keep our meetings to a maximum of two hours length, and aim for a meeting length of 90 minutes. <br /></p><p>Be judicious with the use of closed executive session meetings, and will clearly disclose the general content of the session before and share the results and justification of our decisions after.<br />Refrain from conducting the business of the Association outside of regular Board meetings and in the absence of the Association’s manager. I will not make representations or promises to homeowners regarding issues that have not been properly considered and acted upon by the Board of Directors. Furthermore, I will refrain from making decisions for or directing that action be taken by the Association without the knowledge and consent of the other members of the Board of Directors, except as permitted or required by prior Board resolution or by virtue of my Office on the Board.<br /></p><p>Not interfere with the duties of any staff member of the Association. All Board members will exhibit professional courtesy to all Association staff. I will not harass, threaten, verbally abuse or attempt through any means to control or install fear in a member of the staff. I will also refrain from making unauthorized promises to staff or residents.<br /></p><p>Refrain from developing social or personal relationships with staff, contractors and vendors who derive their income from decisions made directly or indirectly by the Board. If I have a personal relationship with any of them, I will refrain from participating in discussions and votes that affect their contract or employment.<br /></p><p>Not individually impede or obstruct the system of management established by the Board and Community Manager. A member will comply with all operating standards (internal operating procedures) that are in force or may from time to time be promulgated by the Board of Directors and General Manager<br /></p><p>Hold confident, and promise to keep privileged information discussed in Executive Session meetings of the Board of Directors required to protect the Association’s interests while sharing the results necessary to keep residents informed on the issues that affect them.<br /></p><p>Not individually impede or obstruct a contractor implementing a contract in progress. All communications with contractors will go through the Community Manager. Professional courtesy will include and should not interfere with, among other things, contractual relationships between Association management professionals, staff and contractors.<br /></p><p>Not use any funds being held for Association business for personal use.<br /></p><p>Call our legal counsel to resolve problems only as a last resort. We will only send lawyer letters to our members when our own letters have not resolved the issue.<br /></p><p>Conduct my campaign for election to the Board according to all the rules, laws and policies of the State and NGROA. I will actively participate in the campaign and make myself available to residents through various means including candidate forums, e-mail and other written sources so they may get the information required to make a thoughtful and informed decision<br /><br /><strong>TREATMENT OF NEIGHBORS<br /></strong>Remember at all times that we serve the neighbors in our community who entrusted us with the power to vote on this board and that board service is a privilege, not a right.<br /></p><p>Remember that ours is a nonprofit corporation, which is different from a business corporate director or officer. We cannot fire our neighbors or tell them to move away. Our corporation is also a community.<br /></p><p>Be mindful of the fact that many members may be unfamiliar with the governing documents, much less state law, and therefore may need some patience and even education from the board at times.<br /></p><p>I will respect and protect the privacy interests of individual residents of the Association who may be asked to appear before the Board for a disciplinary hearing, and will not discuss such situations with other residents of the Association<br /></p><p>Do all we can to beef up communication to the residents, in the form of more frequent written messages to all residents, in the form of newsletters, Web page updates, blogs or bulletins.<br /></p><p>Be open with information and documents requested by members. We will ask "why not?" give someone information, instead of starting with "why do we have to give it to them?"<br /></p><p>Look for opportunities to establish committees, to offer opportunities for members to become involved.<br /></p><p>Assume that there is almost always more than one way or viewpoint on any issue.<br /></p><p>We will not let our own feelings and opinions blind us to the values of what others say<br /></p><p>Assume that the needs and desires of every person cannot be fully met without it being detrimental at times to others.<br /></p><p>In the decisions we make we will seek to balance the interests and needs of each property owner in terms of well being for the whole community and not just the need of one segment, or interest group.<br /></p><p>Assume that we have special responsibilities rather than special privileges as elected board members and not use our position on the Board to harm, or deny access to any resident to the programs, facilities, rights and privileges of NGROA.<br /></p><p>We will show respect, kindness, understanding and integrity to all.<br /></p><p>We will be honest, truthful and upfront in our communications with everyone.<br /></p><p>We will attempt to model what property owners of the community need to be in order to make NGROA the best place possible<br /></p><p>Will not willingly misrepresent facts to Association members for the sole purpose of advancing a personal cause or to place pressure on the Board to advance a Director’s, or Officer’s, personal cause<br /></p><p>Will use his/her position to make threats of actions against Property Owners in regards to Association Rules and Regulations. All such matters are to be handled in the normal manner through the Association Staff or appropriate Committee<br /></p><p>Follow the Golden Rule when dealing with residents and customers of our facilities.<br /><br /><strong>TREATMENT OF OTHER BOARD MEMBERS</strong><br /><br />Treat my fellow Board members and the Association’s manager as my partners in the conduct of the Association’s business affairs. I will speak candidly to, and work in cooperation with, my fellow Board members and the General Manager. <br /></p><p>Assume the value and worth of each Board member. In the board meetings we will listen and weigh carefully what each Board member says.<br /></p><p>Show respect to each member in the way in which we present our own viewpoints and in the way we respond to the viewpoints of others.<br /></p><p>Attempt to speak clearly and succinctly rather than often and long.<br /></p><p>Accept and support the majority decisions of the Board even when we personally disagree.<br /></p><p>Assume that there will be times when we fail to keep this code of conduct. We ask the other Board Members to counsel us at any time they or property owners see that we are failing to keep this code. If we fail to correct problems in our conduct, or in the development of our property in a timely way, or we fall behind in the payment of our dues, or violate any approved POA documents (Covenants, By-Laws, Rule, Regulations, etc…), we understand that we will be notified publicly in writing by a vote of 4 members until such matters are satisfactorily cleared up. The proper enforcement of this Code of Ethics will be at election time except as provided by our governing documents including the Bylaws and CC&Rs.<br />Follow the Golden Rule when dealing with board members, staff and vendors.<br /><br /><strong>CONFLICTS OF INTEREST<br /></strong><br />I will excuse myself from voting on any issue where I have a personal financial interest. <br /></p><p>I will place the welfare of the Association and its membership as a whole above my own interests, and will not seek to obtain any direct personal gain or benefit, in my profession, business or employment or otherwise, from my position on the Board of Directors or use it to deny it from others.<br /><br />Board members with a potential conflict shall:<br />-- Disclose all potential conflicts;<br />-- Abstain from any vote on the matter; and<br />-- Avoid even the APPEARANCE of undue influence or impropriety by avoiding discussions of subjects where a conflict might arise.<br /><br />Where there may be a conflict, the Board shall:<br />-- Determine if a transaction is fair to the Association;<br />-- Document the steps taken to avoid conflict of interest so that if a suit is filed, proof will be available; and<br />-- If you sense that someone else is involved in a potential conflict of interest, raise the issue and have the Board’s written minutes reflect your concern without requiring an action item.<br /><br />Every Board member of every profit and nonprofit corporation owes the following duties to the corporation:<br /><br />Duty of Loyalty. This requires a director to have an undivided allegiance to the organization’s mission when using either the power of the position or information possessed concerning the organization or its property, prohibiting a director from using the position for information so as to secure financial benefit for himself or another person or organization or using it to deny access, privileges, rights or access by other residents or businesses, companies, or others seeking to do business with the Association<br /><br />Duty of Care. Director shall perform his/her duties as a director, including his/her duties as a member of any committee of the board upon which he/she may serve, in good faith, in a manner he/she reasonably believes to be in the best interest of the corporation, and with such care as an ordinarily prudent person in a like position would use under similar circumstances.<br /><br />Duty of Obedience. A director must carry out the purposes of the Association, as expressed in the Association’s governing documents including the Articles of Incorporation, CC&Rs and Bylaws. Directors may not deviate in any substantial way from this duty, though there is always flexibility as to how those purposes are best fulfilled. Included in this duty is the requirement of complying with the law and the documents and the spirit of those documents and laws.<br /><br />Examples of conflict:<br />A conflict of interest may arise if directors selectively enforce the<br />Association’s covenants, rules, policies and regulations. If a director (or a friend of a director) violates the pet rules, fails to pay an assessment, or is in non-compliance with ARC requirements they must be treated the same as anyone else.<br /><br />A potential for conflict may arise if a director stands to generate revenue<br />from or through the Association, such as providing services to the Association directly or by receiving a monopoly or oligopoly for their business in service to residents.<br /><br />Board members must avoid self-dealing:<br />Example of self-dealing: if a director, or someone with whom a director<br />has a close personal relationship, has an interest in a business, such as maintenance or construction company, it is prohibited from contracting with the Association unless the proper disclosures are made and the appropriate steps taken.<br /><br />Disclosure and fairness usually protect a director from potential liability for breach of loyalty in transactions with the Association. If a director (or their friends) profit from the Association without disclosure, or in a manner unfair to the Association, the director may be liable to the Association for all profits received from the breach of loyalty and all damages caused by the breach of loyalty. Some courts have also held the director liable for punitive damages for breach of fiduciary duty.<br /> <br />The Board must avoid and manage conflicts of interest by:<br /><br />Ideally, the Board should consist primarily of people who are financially<br />disinterested. <br /><br />Adopt policies on how to deal with conflicts, through a formal resolution<br />adopted by the Board.<br /><br />Directors and officers who have possible conflicts should fully disclose those possible conflicts to the Board. In the event a Board member has a conflict of interest, then, in advance of entering into a conflicting interest contract, decision or action, that interested Board member shall declare at an open meeting of the Board, that a conflict of interest exists and shall describe in detail all of the particular facts of the conflict of interest. The interested Board member may deliver to the Board a letter setting forth a detailed summary of the conflict of interest, which letter shall be read out loud by a non-interested Board member at an open meeting of the Board.<br /><br />Avoid participation in discussion where there is a conflict (even being<br />present during a discussion might be an improper influence). Don’t influence the other Board members either directly or indirectly.<br /><br />Avoid learning or disclosing confidential information.<br /><br />Scrupulously avoid voting if you might have a conflict (even being present during a vote might be improper influence).<br /><br />Be certain that all activities while on the Board of the Association further<br />the Association’s interests.<br /><br />If a Board member might profit personally, by earning fees, then: <br />engage in competitive bidding to be sure the fees, products, services, etc. are competitive;<br />have the Board minutes reflect in full detail that a conflict does not exist and that the Board member is authorized to earn a profit by conducting business with the Association. However, the Board member may not take part in discussions related to the awarded contract, but will assume the position of a vendor.<br /><br />If any Board member feels that his or her activities or roles in other entities<br />may have a substantial detrimental effect on your Association, or violate any of the duties owed to your association, there are three basic alternatives:<br />-- Resign.<br />-- Do not participate in those issues; and<br />-- Abstain from voting.<br /><br />Board members do have a duty to disclose any and all information obtained<br />through their involvement in other entities if something is learned while serving on the Board of another organization, there may be a duty to inform and share with the Association even if it violates confidentiality to the other organization.<br /><br /><br /><strong>Code of Conduct and Ethics for Staff</strong><br /><br />As a staff member, vendor or contractor to Nellie Gail Ranch, I will:<br /><br />Refrain from offering or accepting cash gifts of any amount. Gifts of a nominal value and personal nature given as a token of friendship or special occasions such as Christmas, a job promotion, or length-of-service award are acceptable. We discourage the acceptance by staff of gifts, entertainment, or other favors from existing or prospective clients, vendors, or suppliers or Board members <br /></p><p>Refrain from developing social or personal relationships with Board members or other staff. If I have a personal relationship with any of them, I will disclose this and report any contacts with Board members or staff to the General Manager.<br /></p><p>Conduct myself with professionalism and integrity at all times in meeting my obligations for which I am compensated.<br /></p><p>Refrain from using NGROA property, materials, working hours, relationships with Board, vendors, contractors or other staff in a manner that personally benefits me, friends, family members or others well known to me who are not residents or customers of Nellie Gail Ranch Owners Association or its business centers.<br /></p><p>Not individually impede or obstruct the system of management established by the Board and Community Manager. Staff, vendors and contractors will comply with all operating standards (internal operating procedures) that are in force or may from time to time be promulgated by the Board of Directors and General Manager<br /></p><p>Hold confident and promise to keep privileged information discussed in Executive Session meetings of the Board of Directors, required to protect the Association’s interests while sharing the results necessary to keep residents informed on the issues that affect them.<br /> </p><p>Remember at all times that I serve the residents and Board members in our community who entrusted us with these responsibilities and that service is a privilege, not a right.<br /></p><p>Remember that ours is a nonprofit corporation, which is different from a business. The NGROA is a business that is also a community.<br /></p><p>Be mindful of the fact that many residents may be unfamiliar with the governing documents, much less state law, and therefore may need some patience and even education from staff, vendors and contractors at times.<br /></p><p>I will respect and protect the privacy interests of individual members of the Association who and will not discuss such situations with other members of the Association or others outside NGROA.<br /></p><p>Do all we can to beef up communication to the membership, in the form of more frequent written messages to all members, in the form of newsletters, Web page updates or bulletins. And always be patient and timely in responding to their needs and concerns.<br /></p><p>Be open with information and documents requested by residents. We will ask "why not?" give someone information, instead of starting with "why do we have to give it to them?" Information will be given in accordance to state law, the policies of NGROA and the direction of the general manager.<br /></p><p>Report any suspicion of illegal or unethical behaviour to your immediate supervisor first or the General Manager if you are a vendor, or contractor. If your supervisor or the General Manager is the staff member in question then you may report your concerns to the President of the Board. Anything other than illegal or unethical activity is gossip and is inappropriate communication. It is the job of the General Manager to discover activity that detracts from job performance.<br /> </p>Unknownnoreply@blogger.com5tag:blogger.com,1999:blog-7665973965646326214.post-86071299780486194792008-02-14T13:04:00.000-08:002008-02-14T13:14:03.804-08:00Executive Session 2/13/08Here is a report from the Executive Session last night. Not much to report actually.<br />We had some updates on some litigation and some enforcement issues which I can't share until the cases are done. (And we don't want to embarass our neighbors by airing that laundry). However I will note there are 29 reports this week Sandi is pursuing of Christmas lights that haven't been taken down yet. Better take them down before she gets you!<br /><br />We are waiting some more information on the cell phone tower easement.<br /><br />At this point in the meeting I had to leave so I don't know the final results of three other topics:<br /><br />Middle Arena reconstruction - The little I heard was that we are waiting for bids to come back.<br /><br />Equestrian Center Management Proposal - This was in full debate mode when I left. I shared my views that I think this is a bad idea to have Mickey be the manager regardless of any kind of deal that might be discussed. I don't know the results of that discussion.<br /><br />Cell Phone Tower Modification - The cell phone tower company wants to make some modifications to the tower. This will be addressed in the open session. It came to us first so that we could get input from our attorneys. <br /><br />That's about it. I'll try to post the agenda for the open meeting on the 26th. It is supposed to be available 4 days in advance. I'm sure that there will be lots of equestrain issues on the agenda (there always are and some day the rest of us will be able to have our issues of concern addressed as well...)Unknownnoreply@blogger.com0tag:blogger.com,1999:blog-7665973965646326214.post-4726233654463502792008-01-29T16:33:00.000-08:002008-01-29T16:36:44.517-08:00Resolutions for NGROA Board and NeighborsRebecca Z. sent this to me and I thought worth posting here. It was like this was written for Nellie Gail specifically.<br /><br /><br />A lawyer's neighborly suggestions<br />An attorney offers some resolutions that homeowner association officers, directors and residents might consider for a happier 2008.<br />By KELLY G. RICHARDSON<br />Special to the Register<br /><a class="Article_Comment" href="http://www.ocregister.com/money/association-board-members-1967392-community-documents#slComments" target="_blank" rel="nofollow"></a><br />Along with the customary resolutions to start each year losing weight, exercising more and becoming more organized, consider some resolutions that might help your common interest development association become a more positive community.<br /><br />We [homeowner association officers and directors]will:<br /><br />1.Be familiar with our association's governing documents (CC&R's, bylaws and rules).<br /><br />2.Do all we can to beef up communication to the membership, in the form of more frequent written messages to all members, in the form of newsletters, Web page updates or bulletins. <br /><br />3.Keep our meetings to a maximum of two hours length, and aim for a meeting length of 90 minutes. <br /><br />4.Come to meetings prepared, having reviewed the agenda and all other documents provided to us. We will arrive at meetings early, in order to read any last-minute information given to us to consider.<br /><br />5.Not require votes to be unanimous, nor will we view dissenting votes as negative.<br /><br />6.Be judicious with the use of closed executive session meetings, and will clearly disclose the general content of the session before and after.<br /><br />7.Remember at all times that we serve the neighbors in our community who entrusted us with the power to vote on this board and that board service is a privilege, not a right.<br /><br />8.Be open with information and documents requested by members. We will ask "why not?" give someone information, instead of starting with "why do we have to give it to them?"<br /><br />9.Look for opportunities to establish committees, to offer opportunities for members to become involved.<br /><br />10.Avail ourselves of educational opportunities such as those offered by the Community Associations Institute, and will do all we can to be better informed as to operating our association under California law and association best practices.<br /><br />11.Hire a manager who meets at least the minimum standards to call themselves a certified common interest development manager.<br /><br />12.Call our legal counsel to resolve problems only as a last resort. We will only send lawyer letters to our members when our own letters have not resolved the issue.<br /><br />13.Remember that ours is a nonprofit corporation, which is different from a business corporate director or officer. We cannot fire our neighbors. Our corporation is also a community.<br /><br />14.Be mindful of the fact that many members may be unfamiliar with the governing documents, much less state law, and therefore may need some patience and even education from the board at times.<br /><br />15.Follow the Golden Rule.<br /><br /> We [homeowner association residents]will:<br /><br />1.Be familiar with our association's governing documents.<br /><br />2.Read what the association sends us, whether minutes, newsletters or bulletins.<br /><br />3.When we come to board meetings, we will have in advance reviewed the agenda, and will have any open forum remarks organized for maximum effectiveness.<br /><br />4.Remember that there is no "them", only "us," and that the directors are also members who pay assessments and volunteer their time.<br /><br />5.Help try to find suggested other approaches to the problem, rather than criticize, when we perceive the board to be making a wrong decision.<br /><br />6.Volunteer to join a committee to help the board, on an area particularly important to us.<br /><br />7.Never jump to the conclusion that the board is dishonest when we believe the association is spending too much money.<br /><br />8.Read the association budget.<br /><br />9.Ask questions and review the available information before criticizing or accusing.<br /><br />10.Avoid rushing to legal counsel when we disagree with the association, but will first try to talk to a director we know and will exhaust any possible out-of-court approaches.<br /><br />11.Keep in mind the fact that the "my home, my castle" attitude does not work in common interest developments. (The word "common" is key here.)<br /><br />12.Participate in all member votes, even if only by mailing in my ballot.<br /><br />13.Follow the Golden Rule.<br /><br />Kelly G. Richardson is senior partner of Richardson & Harman PC, a California law firm known for real estate and community association advice. Direct questions to <a href="mailto:KRichardson@RH4Law.com">KRichardson@RH4Law.com</a>. <br /><br />New law requires better planning of board meetings<br />It changes how most boards prepare for and conduct meetings.<br /><br />By KELLY G. RICHARDSON<br />Special to the Register<br /><br /><br />On Jan. 1, 2008, many new laws became effective, only one of which will affect common interest developments. However, it will forever change how most boards prepare for and conduct board meetings.<br /><br />Traditionally, association boards had great flexibility in setting agendas, and were not required to have any agenda prior to the meeting. The only requirement was that members be given four days minimum advance notice of any unscheduled (or "special") board meeting. There was no requirement that any agenda be posted, and so long as the proper notification of the fact of the meeting was given, the board could take any action within its power during the meeting.<br />That changes for common interest developments in 2008.<br /><br />Civil Code 1363.05, known as the "Open Meeting Act", has a new section "i" added. Under this new section, boards must post their agenda at the same time they post notice of the meeting – at least four days ahead. The difficult part of this new law is not the agenda posting requirement, but rather the consequences of not having an item of business on the agenda. Commencing Jan. 1, 2008, if an item of business is not shown on the agenda in advance, the board cannot even discuss it.<br /><br />Some exceptions are provided for, but they are quite narrow. Here is the list of what a board can do about non-agenda items:<br /><br />1. If an emergency (by vote of majority of the board), it can be discussed and voted upon.<br />2. The board can listen to members speak on topics in Open Forum that are not on the agenda, and can answer questions.<br />3. The board can provide clarifications, announcements or reports on ongoing activities.<br />4. The board can refer a matter to the manager for action or to report back to the board at a future meeting.<br /><br />In the months since the Legislature passed this law, some HOA professionals have suggested the key is a very generic "one size fits all" agenda. If, they reason, the agenda is so broad that it covers every possible issue, then the law is met. This is a bad idea for two major reasons. First, it does not comply with the law. A vague agenda that covers the entire universe is not an agenda, but a sham. Second, remember you are governing a community. What will the neighbors think if your board takes such a tricky tactic?<br /><br />The Open Meeting Act is all about good HOA governments doing business in the open. This new change to the law gives the membership a much better opportunity to decide if they want to attend a particular board meeting. More specific knowledge of the board's agenda will help build confidence in the board, which will benefit everyone in the association.<br /><br />Since most board members don't see their agenda for the board meeting until a few minutes before the meeting, it will be a major change to start requiring those agendas to be carefully thought through. The manager and/or chairman will need to start thinking about the agenda about one week prior to the meeting.<br /><br />Committees will need to get their input prepared one week prior to the meeting. A committee that shows up at the last minute in the board meeting with a non-emergency recommendation will have to wait until it can be placed upon the agenda.<br /><br />When new items are brought to the board's attention, either by open forum speakers or by a director's request, those matters will need to be added to the next agenda. Care needs to be taken to resist the easy temptation to declare all non-agenda matters to be "emergencies." The statute is very clear that emergency situations exist "if there are circumstances that could not have been reasonably foreseen by the board, that require immediate attention and possible action." As a wise person said somewhere, an emergency is not your failure to plan.Unknownnoreply@blogger.com5tag:blogger.com,1999:blog-7665973965646326214.post-90187296551607956992008-01-21T08:59:00.000-08:002008-01-21T09:45:49.453-08:00Proposed Trainer and Clinician Charge PolicyAs stated previously, the Board has asked Bill and I to come back with a proposed policy for how to charge trainers (credentialed and non) and clinicians who use our arenas. Based on a meeting last night with some resident equestrians, here is the first draft of that policy.<br /><br />Summary: Rock, paper, scissors style of prioritization will be applied except when the trainer/clinician purchases a "Do Not Disturb" permit.<br /><br />Let me explain. First, a schedule will be created for all of the arenas and every standing lesson or scheduled clinic, event etc must be listed based on a submitted schedule request at least two weeks in advance. We note that the arenas are not like tennis courts and so multiple activities can happen. But there are times when there is a disagreement on how many of which type of events can happen simultaneously and that is when the following policy will kick in.<br /><br /><br />A) <strong>ROCK, PAPER, SCISSORS HIERARCHY</strong> - In the event of a conflict of multiple activities occurring in an arena, the order of precedence over what and whom trumps who is set as follows:<br /><br />1) Credentialed trainer with standing scheduled lesson in their primary arena<br />2) Resident with scheduled occasional lesson, clinic or other activity by non-credentialed trainer<br />3) Resident doing unscheduled "free riding" (practicing a discipline as opposed to turnout or other warm up activity) (Note: individual time in the arena may not be scheduled but the schedule will provide for blocks of time when residents have priority use)<br />4) Credentialed trainer with unscheduled lesson (due to causes including rain, or any other reason their primary arena is not available)<br />5) Credentialed trainer with a scheduled lesson that is held in an arena OTHER than their primary arena (Meaning Mickey, Jan or Mary seeking to use the Middle Arena to give a lesson that could/should be scheduled and conducted in the Upper or Lower arenas).<br />6) Resident with unscheduled non credentialed trainer lesson or other activity<br />7) Credentialed trainer doing turnout or other warm up activity necessary for their business<br />8) Resident doing turnout or other warm up activity<br /><br />If there is a disagreement by ANYONE at the center over who gives way to whom in the event that one or both parties feel they can't do their activity due to the activity of another, the above order of precedent (rock, paper, scissors) applies.<br /><br />B) <strong>DO NOT DISTURB PERMIT</strong><br /><br />Analysis of the budget indicates that it costs the Association approximately $100 per arena, per day to maintain the arena, maintain the footings and contribute to the reserves each year. Because trainer lessons of all kinds and clinics are wear and tear on the arena, it is proposed that a fee of $25 per hour be administered to those who schedule activities in the arena and be the basis for determining the fees of trainers in future as contracts come up for renewal or renegotiation. To provide incentive for trainers and clinicians to work cooperatively with residents, the fee can be waived if they trainer/clinician agrees to abide by the order of precedence above. That means theoretically they can be bumped by someone else if their activity ranks lower than the challenger. If you want to get bumped to the top of the rock, paper, scissor chain you may purchase a "Do Not Disturb" permit that entitles you to trump any other claim on the arena during your activity. You can also use this permit if you wish to reserve the arena exclusively for your activity. This permit may NOT be purchased by residents for their own personal time or use of the arena without a trainer or clinician. The permit will cost $25 per hour and must be paid in advance. It can't be purchased at the time of a challenge.<br /><br />C) <strong>CREDENTIALED TRAINERS</strong><br /><strong></strong><br /> 1) Credentialed trainers will schedule their lessons for each arena with the center manager and the schedule posted for everyone to see and a determination will be made after six months to determine if the fee the trainer is paying Nellie Gail is sufficient for the volume of activity they use in each arena. The fees will be adjusted up or down accordingly and this will help provide incentive for the credentialed trainers to be more sensitive to the needs of and access to the arenas by residents. Trainers who fail to schedule their lessons on a recurring basis will be sanctioned and risk losing their credentialing. <br /><br /> 2) Do Not Disturb permits may be purchased by credentialed trainers for other arenas when their primary arena is out of order such as due to rain. Like any other activity, they may opt not to purchase this permit, but a credentialed trainer may NOT bump another scheduled activity in order to hold their lesson UNLESS they purchase a "Do Not Disturb permit" which will move them to the top of the Rock, Paper, Scissor ranking listed above.<br /> <br />This is the first draft proposal and very much open to input. We need a policy no matter how rare the occassion of something happens. The point of law is not for the commonplace, but the exceptions when good people can't be good neighbors. (We have laws for murder despite the relative rareness of the activity for example). The schedule is paramount. Then the administration and implementation of that schedule. But After that we will need a policy like this to address the ambiguity that arises when multiple things are happening and people disagree over how much of what can happen with who in the arena at the same time. Please offer your comments here. Thx.Unknownnoreply@blogger.com10tag:blogger.com,1999:blog-7665973965646326214.post-31478222601577840792008-01-18T10:17:00.001-08:002008-01-18T10:21:19.856-08:00Follow up on Question About the Pool SalaryIn a comment as part of the post below about the Exec. Session, someone asked what Glenn's view or role was on the question of more money for this employee. My response:<br /><br />Glenn wisely stayed out of that discussion although my interpretation was that he was willing to go along with this for now because otherwise he'd have the task of finding a new pool company. Don't blame him for wanting to push off until later a project like this when he has his hands full with all the <span class="blsp-spelling-corrected" id="SPELLING_ERROR_0">equestrian</span> issues. But this is my concern, that we follow the squeaky wheel model of management here and the equestrians are the best at it. That's why I'm hoping to use the blog to recruit others to help bring these other issues to the Board so these get attention as well.<br /><br />On a side note, we've had many requests approved for increased salaries and benefits for employees. They each may have deserved it, but there is no plan or indication of where the money will come from. I keep hearing "we will address that when we do the budget," but then it is too late. At that point it will be a matter of saying, well since we approved this we have to find a way to pay for it. It's like saying you will buy a new car and wait until you get your review and raise next year to see if you can pay for it. Heads up to the equestrians - a lot of this is centered around the barn so if we have to pay higher salaries we may not have money for all these projects you want, even after raising boarding fees, which is not a done deal. There is already <span class="blsp-spelling-corrected" id="SPELLING_ERROR_1">unhappiness</span> rolling through Nellie Gail about that. Stay tuned...Unknownnoreply@blogger.com11