Minutes - ECIA Governing Board

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Eldorado Community Improvement Association, Inc.

Board of Directors Meeting

May 19, 2016

TIME AND PLACE:

A regular meeting of the ECIA Board of Directors was held on Thursday, May 19, 2016 at the Community Center.

CALL TO ORDER:

President Ryen called the meeting to order at 7:00 PM.

DESIGNATION OF QUORUM:

The roll was called and the following members answered present: Dag Ryen (President), Pam Henline (Vice-President), Todd Handy (Treasurer), Greg Colello (Secretary), Claudia Daigle (Director) and Antone Forneris (Director).

Absent: None

Staff Members Present: Brenda Leonard, ECIA General Manager

ANNOUNCEMENTS

President Ryen reminded all residents that the board meeting was being recorded.

The Organization Meeting was held on May 9, 2016 in accordance with the governing documents and board members were appointed to the following positions:

Dag Ryen, President

Pam Henline, Vice President

Greg Colello, Secretary

Claudia Daigle, Director

Anton Forneris, Director

Todd Handy was appointed to the Board to complete the term of Jeanne Calzada and then was appointed as Treasurer.

Pool will open on May 28, 2016 – pool passes are available at the ECIA Office.

AGENDA

Approved as amended.

OPEN FORUM

Deborah Berlin, Owner of 3 Casa Del Oro Lane and barn owner, addressed her concern about a non lot owner serving on the stable committee which is against the By Laws. Vice President Henline provided a response on how this occurred and President Ryen stated that the Board will review and address at an upcoming meeting.

Mary Vallei, Owner of 71 Moya Road, introduced herself to the Board and offered the Board her assistance in the role of consultant in homeowner association (hoa) management due to her vast experience working with non-profits and HOAs. Mary then commented and defined what she feels the role and duty of the Board is, specifically noting upholding the association documents, duty of care and fiduciary responsibility.

Mike Schneider, Owner of 10 Fonda Court, inquired on the status of the Compadres Park replacement basketball backboard and commented about the importance of septic system maintenance.

Mary Cassidy, Owner of 24 Quedo Road, read into the record an email that was sent to the Board of Directors on May 18, 2016 (attached to these minutes).

Eduardo Krasilovsky, Owner of 17 Lucero Road, stated his opinion of the Appellate Court’s ruling as it pertains to the keeping of hens, commenting that if the Board writes guidelines for any items whether hens, goats or any specific animal, then they would be undermining the ruling because it would be discriminatory to the pet owner.

Gershon Siegel, Owner of 11 Bonito Court, thanked the Board for accepting the Appellate Courts ruling and stated that he is collecting signatures on a petition requesting the following:

Board to take some action:

  1. Form an Ad Hoc Committee
  2. For two years, note any complaints that may arise from the keeping of any pets
  3. At the end of the two years evaluate those complaints and create guidelines on the complaints received, not any that are imagined.

CONSENT AGENDA:

16.05.01.1     Treasurer Handy made a motion to approve the consent agenda as amended, seconded by Secretary Colello. Motion carried unanimously.

16.05.01.2     Approval of April 21, 2016 Board Meeting Minutes

16.05.01.3     Approval of May 9, 2016 Organizational Meeting Minutes

16.05.01.4     Approval of April Covenant Compliance Report

16.05.01.5     Approval of Treasurer’s Report

16.05.01.6     Approval of General Manager’s Report

16.05.01.7     Approval of Home Business Application, Rees, 6 Alcalde Loop, Design and Marketing of Rainwater Diversion Device

16.05.01.8     Motion to Accept Revised HOAMCO December 31, 2015 Yearend Financial Report, Closing Out 2015 Fiscal Year

16.05.01.9     Motion to Eliminate Fixed Asset Fund

16.05.01.10     Motion Instructing Auditor to Provide ECIA and HOAMCO with List of Fixed Assets

16.05.01.11     Motion Instructing Auditor to Provide ECIA and HOAMCO with Rules and Guidelines for Determining Fixed Assets and Reserve and Replacement Items

16.05.01.12     Motion to Table Waiver for Barn 34

Copies of these documents are available upon request at the ECIA offices.

NEW BUSINESS

16.05.02         President Ryen made a motion that the ECIA Board of Directors appoint David Yard to serve as a director of the ECIA Board for the vacant term which runs through May 2019.

This motion was seconded by Director Forneris and passed with a vote of five (5) in favor, one (1) opposed, Director Daigle.

16.06.03         Vice President Henline made a motion that the ECIA Board of Directors accept the variance for 49 Camerada Road as recommended by the Architecture Committee.

I move that the ECIA Board of Directors accept the Architecture Committee's recommendation that the ECIA Board grant the variance applied for by Joanne Rohrbacher. This variance allows a concrete slab to encroach 10 feet, 6 inches into the 20 foot setback and approximately 6 inches into the 10 foot utility easement with the following three stipulations:

  1. 1)Owner shall be aware that a portion of the concrete slab was built within the 10 foot utility easement and leaving the structure in this easement is at the owners own risk. Should the utilities need to access this easement they may require the owner to remove this structure at the owner’s expense.
  2. 2)No structures will be placed on the slab that intrude into any set back
  3. 3)Homeowner must obtain prior written approval before placing any structure on the slab.

This motion was seconded by Director Yard and passed with six (6) in favor and one (1) opposed, Director Daigle.

16.05.04         Vice President Henline made a motion that the ECIA Board of Directors accept the variance for 26 Lucero Road as recommended by the Architecture Committee.

I move that the ECIA Board of Directors accept the Architecture Committee's recommendation that the ECIA Board grant the variance applied for by Anthony Vigil. This variance allows for a new small accessory structure to be located more than 15 feet from the primary home. This recommendation is made with the following stipulation:

Screening fence shall have stringers on the inside of the fence and the building and its decorative cross panels be painted to match the house.

This motion was seconded by Director Forneris and passed with six (6) in favor and one (1) opposed, Director Daigle.

16.05.05         Vice President Henline made a motion that the ECIA Board of Directors accept the variance for 3 Verano Court as recommended by the Architecture Committee.

I move that the ECIA Board of Directors accept the Architecture Committee's recommendation that the ECIA Board grant the variance applied for by Paul Charo and Susan Ryan. This variance allows for a ground based solar array to be located more than 15 feet from the residence. This recommendation is made with the following stipulations:

  1. 1. Screening fence shall have stringers on the inside of the fence.
  2. 2. A second screening fence with stringers facing the array shall be placed behind the array to screen the array from view from adjacent owners.

This motion was seconded by Director Forneris and passed with six (6) in favor and one (1) opposed, Director Daigle.

16.05.06         Vice President Henline made a motion that the ECIA Board of Directors table the decision on the variance request applied for by Suzanne and Kim Shakespeare-Jones.

16.05.07         President Ryen made a motion that the ECIA Board of Directors adopt a proposed interim resolution on the keeping of outdoor animals. (Complete motion attached to these minutes).

This motion was seconded by Director Yard and passed unanimously.

Vice President Henline read into the record, the Boards Agreement to Serve. This document has been signed by President Ryen, Vice President Henline, Treasurer Handy, Secretary Colello, Director Forneris and Director Yard. Director Daigle refused to sign and stated her actions will speak more than her signature on a piece of paper.

16.05.08         Treasurer Handy made a motion that the ECIA Board of Directors accept the Election Committee’s recommendation to appoint Patrick “Butch” Gorsuch to the Election Committee.

This motion was seconded by Director Yard and passed unanimously.

The following motion was made by Director Daigle and failed due to a lack of a second.

Motion for a covenant vote to effectuate a change to the court of appeal’s decision as the court afforded lot owners in their Opinion of March 28, 2016:

I MOVE THAT the ECIA board perform a covenant vote within 45 days, as afforded to lot owners by the court of appeals in their Opinion to effectuate a different result through the required covenant amendment process set out in the covenants, and that the amendment be Claudia Daigle’s amendment, once approved by ECIA counsel, for a full prohibition of poultry/livestock on lots under any circumstances by majority consent.

The following motion was made by Director Daigle and failed due to lack of a second.

Motion to cease and desist “security code” numbers on any and all ECIA ballots and instituting a true UBL system of accountability as stated, as well as rescinding all election committee appointments as these members can no longer be trusted with members’ ballots:

I MOVE THAT: a) the ECIA cease and desist using so-called “security code” numbers on any ECIA voting or election ballots, and that ballots only retain the actual information a lot owner requires to decide their choice, and that each owner’s lot number be placed on the outside mailing envelope and the outside return envelope and marked off of a master list for eligibility during the ballot count prior to the envelopes being opened, and the secret ballot removed and stacked for counting, thus ensuring only lot owners are voting and that lot owners ballots are private; and,

b) that the ECIA rescind the appointment of all current Election Committee members from their committee appointments for devising and implementing a “security code” list of numbers that correlates with a lot owner name and address, thus revealing the voter and how they voted, opening the voter up to possible harassment and causing voter suppression. These committee members should be thanked for their service but can no longer be trusted with lot owners’ ballots and the votes of lot owners.

ADJOURNMENT OF OPEN MEETING

The regular meeting was adjourned at 9:08 p.m.

Submitted By:

Recording Secretary                                                                                    Date