Loading...
2014-496-Minutes for Meeting September 22,2014 Recorded 10/1/2014 DESCHUTES COUNTY OFFICIAL RECORDS CJ 2014.496 NANCY BLANKENSHIP, COUNTY CLERK V COMMISSIONERS JOURNAL 10/01/2014 08:57:28 AN ILuIflhlI1IIIIIIIItIuII II 2 1 -49 U�J-r�s QO` 0 Z Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org MINUTES OF BUSINESS MEETING DESCHUTES COUNTY BOARD OF COMMISSIONERS MONDAY, SEPTEMBER 22, 2014 Commissioners'Hearing Room-Administration Building- 1300 NW Wall St., Bend Present were Commissioners Tammy Baney and Anthony DeBone; Commissioner Alan Unger was out of the office. Also present were Tom Anderson, County Administrator; Erik Kropp, Deputy County Administrator; David Doyle, County Counsel; Chris Doty and George Kolb, Road Department; and one other citizen. Chair Baney opened the meeting at 10:00 a.m. 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT Jack Yeley of Oregon Water Wonderland said he is speaking for about 100 other property owners about a problem with the homeowners' association. There is a court order indicating what needs to be done. Fines and fees are being threatened. (He provided a copy of the document, attached for reference.) They are to take care of road maintenance and the work was approved for this year, but it was an exorbitant cost, and most of the board members quit. Minutes of Board of Commissioners' Business Meeting Monday, September 22, 2014 Page 1 of 3 Chair Baney said the State of Oregon has some oversight of homeowners' associations if it relates to water or sewer. Tom Anderson said he has been involved with homeowners' associations in the past and typically the board has to be voted out to make change. Mr. Welei said they had an annual meeting in August. He was told they will do what they want. Mediation can be arranged if both parties are willing. Commissioner DeBone will talk with Mr. Yeley further about this community dispute. There are options, but it might take a while to get to a resolution. 3. Before the Board was a Public Hearing (continued from August 6) and Consideration of Signature of Order No. 2014-017, Requiring Removal of a Sign from Old Bend-Redmond Highway (Mountain View Stables). Chris Doty gave an overview of the item. The sign is a safety hazard since it restricts sight along the road. The sign owner has been contacted many times and the Road Department offered to help him with changes to the signage, but the owner is not cooperating. Certified mail has been sent more than once. A separate action will be required if the owner does not remove the sign and the County has to do so, so the County can recover the costs involved. It may cost around $500 to remove the sign. Mr. Doty said they surveyed the entire corridor and there are up to ten mailboxes that infringe too close to the road. They will work with the property owners on these. Chair Baney asked what will be done with the sign, since it is a nice one. Mr. Doty indicated they will store it and work with the owner to restore the sign to him, or place it on his property if he allows access. Chair Baney opened the hearing; being no testimony, the hearing was closed. She asked that they contact him once again to let him know that the costs of removal will have to be paid by him, and to ask what to do with the sign. Mr. Doty said he has ten days to comply with the Order. David Doyle added that ultimately the removal cost could become a lien against the property. DEBONE: Move approval of Order No. 2014-017. BANEY: Chair votes yes. Minutes of Board of Commissioners' Business Meeting Monday, September 22, 2014 Page 2 of 3 VOTE: DEBONE: Yes BANEY: Chair votes yes. 4. ADDITIONS TO THE AGENDA None was offered. Being no other items brought before the Board, the meeting adjourned at 10:20 a.m. DATED this dq - Day of J/W hr,----- 2014 for the Deschutes County Board of Commissioners. / Tam aney, Chai gici--20A14'`-- Anthony DeBone, Vice Chair ATTEST: CLIa.,. liph,f4L (Pd-atc— Alan Unger, Commissioner Recording Secretary Minutes of Board of Commissioners' Business Meeting Monday, September 22, 2014 Page 3 of 3 0 ' ► Deschutes County Board of Commissioners 1300 NW Wall St., Bend, OR 97701-1960 (541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org BUSINESS MEETING AGENDA DESCHUTES COUNTY BOARD OF COMMISSIONERS 10:00 A.M., MONDAY, SEPTEMBER 22, 2014 Commissioners'Hearing Room-Administration Building- 1300 NW Wall St., Bend 1. PLEDGE OF ALLEGIANCE 2. CITIZEN INPUT This is the time provided for individuals wishing to address the Board, at the Board's discretion, regarding issues that are not already on the agenda. Please complete a sign-up card(provided), and give the card to the Recording Secretary. Use the microphone and clearly state your name when the Board calls on you to speak. PLEASE NOTE: Citizen input regarding matters that are or have been the subject of a public hearing will NOT be included in the official record of that hearing. 3. A PUBLIC HEARING (continued from August 6) and. Consideration of Signature of Order No. 2014-017. Requiring Removal of a Sign from Old Bend-Redmond Highway (Mountain View Stables) — Chris Doty, Road Department Suggested Actions: Open hearing; take comments; decide on Order No. 2014- 017. 4. ADDITIONS TO THE AGENDA Board of Commissioners' Business Meeting Agenda Monday, September 22, 2014 Page 1 of 4 Deschutes County encourages persons with disabilities to participate in all programs and activities. This event/location is accessible to people with disabilities. If you need accommodations to make participation possible,please call(541) 388-6572, or send an e-mail to bonnie.baker(a),dcschutes.org. PLEASE NOTE: At any time during this meeting,an executive session could be called to address issues relating to ORS 192.660(2)(e),real property negotiations; ORS 192.660(2) (h),litigation;ORS 192.660(2)(d),labor negotiations;ORS 192.660(2)(b),personnel issues;or other executive session items. FUTURE MEETINGS: (Please note:Meeting dates and times are subject to change. All meetings take place in the Board of Commissioners'meeting rooms at 1300 NW Wall St., Bend, unless otherwise indicated. If you have questions regarding a meeting,please call 388-6572.) Monday, September 22 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) 6:00 a.m. Deschutes County 4-H Leaders Association Reception —Fairgrounds Wednesday, September 24 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Thursday, September 25 9:00 a.m. Performance Management& Department Update—Risk, Veterans Services and Law Library 5:30 p.m. Joint Meeting with the Planning Commission—Continuation of Discussion regarding Agricultural Lands Monday, September 29 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Board of Commissioners' Business Meeting Agenda Monday, September 22, 2014 Page 2 of 4 Wednesday, October 1 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session —could include executive session(s) 5:30 p.m. Sheriff's Office Jail Expansion Open House Thursday, October 2 8:00 a.m. Regular Joint Meeting with the Sisters City Council--Sisters City Hall Monday, October 6 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Tuesday, October 7 9:00 a.m. Performance Management & Department Update—9-1-1 County Service District 3:30 p.m. Local Public Safety Coordinating Council Meeting Wednesday, October 8 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Monday, October 20 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Wednesday, October 22 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Monday, October 27 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Board of Commissioners' Business Meeting Agenda Monday, September 22, 2014 Page 3 of 4 Wednesday, October 29 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Monday, November 3 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Tuesday, November 4 3:30 p.m. Local Public Safety Coordinating Council Meeting 5:00 p.m. County College—Graduation; Election Night Wednesday, November 5 10:00 a.m. Board of Commissioners' Business Meeting 1:30 p.m. Administrative Work Session—could include executive session(s) Thursday, November 6 11:00 a.m. Tri-County Commissioner Meeting—Redmond (Fair & Expo Center) Board of Commissioners' Business Meeting Agenda Monday, September 22, 2014 Page 4 of 4 tuoi'E?/ WiMuld U :47 A!i Zvi; MARTIN Fil e. 5413827068 F. 001 1 `CIRCUIT COURT OF OREGON • A.ASCHAELADLI FL Judge ELEVENTH JULWIAL MS-Tatar PERKINS, SIMARD L. Judgu gESONUTES COUNTY JUSTICE BUILDING ALT,1 J.BFIADY,Judge 1100 NW AOND 61'NEET N N.TI MICHAEL C.StJ1 N.Jae r� STEPHEN R FORTE.Judge 1100 NW©ROQCN sneer N.TWIN,Probity BARBARA A.F448UNCER..kkdi7e D. j EGON 0 September 11,2003 • SEP 1 7 003 j4,1( `'i Ly SemiferOliver L�7 (00)A-7-)01V 55833 Wood Duck Drive 0_ • Bend'OR 97707 • d A.Martin Attorney at Law • 11991%1W Wall Street . Bead,OR 97701-1934 Re: Oliver vs.Oregon Water Wonderland Disci:rates County Case No.01CV0420iviA Dear Ms.Oliver and Mr.Martin: Whether defendant eau impose fines ill the ru,tu+te or whether was'iii.04211 to do eau itt Ilea past need not be decided in this case. Any fine defeadant purported to impose has beau declared unenforceable. My flm.*e attempts to impose a fine will require Building and Use Rnstrlcdans amendment. • • This renders any decision on the legality of past Board actions moot. MY opinion now on hypothetical future attempts to impose fines would constitute an advisory opinion,which the court is prohibited from giving See,Lowe v.Kiosk-A(6130 Or App 1(1994). Hoovavar,the court has changed the wording of the proposed decbtratory judgment submitted by , Mr.Malin to make dear to fail=Boards that an emendmc®t of the Building and Use . Restrictions would not retitle the definadant to,reinstate the fine for past alleged rule violations. Enclosed is a copy of the declaratory judgment as ell e . • Sway, • Stqphou .Tfktin qr,TArit An" e rTrimef • ,3 cg s, FAY 513-72q2_,... • UU3i SEPi 22/11Uii 03;47 Ai i!Rtt 1S AND MARTIN FUa /10. 5413827058 . P. 002 � I 3 4 5 6 • 7 IN ME CixCUTF COURT OF THE STATE OF OREGON 8 FOR THE COUNTY OF DESCHUTES 9 • MOWER.OLIVER, 10 Plaint ) Case No.O1CV0420MA 11 ) MCLIJATORY ?DC3gym' 12 OREGON WATER WONDERLAND ) 13 PROPERTY OWNERS ASSOC., ) UNIT Il INC.,an Orel corporation, ) 14 Defendant 15 16 The mssimotio s Judit submitted by the plaintiff sad defendrag came 17 on regularly for hearing before the court on August 21,2003. The plaintiff appeared personally>. 1$ I t and deFett.ftit appiw .by and through ita attorney,Gene k*,, ,rti The eVert, 19 having considered the affidavits,documents andhrguments,hereby declares as follows: • 20 1) Mere is nd issue of=teeth'fact. 21 2) Based Upon the resolution adopted by the Board of Dicers of the defendant on 22 July 9,2003,the court declares that neither the Association nor its Board of 23 Directors may,now or in the future,embree or attempt to Worm any fine whim. 24 it previously attempts to impose on the plaintiff or her property. 25 26 \\\\\ 4uUai otri culvrt ui: tug • iR;iti AI`13 WTIN FAX No. 5413827060 F. O03 3) Unless and until an amendment to the Building and Use Restrictions tons is 2 y adopted,neither the delculeatii.stoziatinti nor its Board of 3 Directors shall att rcpt to impose or enforce any fine on the plaintiff or her property-4 fs_vr violation o!say. de. S Dated this 11 day of September, 2003. 6 7 ISISTEPHEN 8 Z JRCUlT JUDGE 9 10 11. 12 13 • 14 15 16 17 • 1$ 19 • 20 21 22 23 24 2$ 26 Page,2 of 2 a DECLARATORY r V DGUENT rDVTW tmvor -- LA-A-\C , TEs '- Communi Development Community elopmen# department o t ?,, A n ry' y { Planning Division Building Safety Division Environmental Health Division ire"a ,t `�� 117 NW Lafayette Avenue Bend Oregon 97701-1925 (541)388-6575 FAX(541)385-1764 4 http:// rww.co.deschutes.or.us/cdd/ MEMORANDUM TO: County Planning file no. CU-06-35 FROM: Cynthia Smidt, Associate Planner 0 CC: Dean Ginn, OWW2 Property Owners Association DATE: June 2, 2009 SUBJECT: Conditional Use Permit CU-06-35, Condition of Approval no. 2 Condition of Approval no. 2 for CU-06-36 was corrected via a Planning staff memorandum dated May 8, 2006 It reads, 2. The approved use consists of use of the existing building on the subject property for the office of the OWW2 Property Owners Association. Office hours -- the times when the office is open to OWW2 property owners and others will be flinittre to na more than 2O hours per week, Tuesday to Saturday, between 9:00 a.m. to 4:00 p.m. Hours will also be limited to one POA board meeting per month and only 5 hours per month for an occasional private board member meeting. Based on concerns raised by the Oregon Water Wonderland Unit 2 (OWW2) Property Owners Association Board of Directors and member, Dean Ginn, staff has prepared this memo to clarify this condition of approval. As detailed in the Basic Findings section of the decision (page 2), the proposed use was to include office hours from Tuesday to Saturday from 9:00 a.m. to 4:00 p.m. and be limited to no more than 20 hours per week. In addition, the applicant proposed one (1) Property Owners Association (POA) board meeting per month with 10 to 30 participants. The applicant also proposed occasional private board member meetings not to exceed five (5) persons at each meeting and limited to no more than five (5) hours per month. The office hours approved in this decision are very specific. However, no specific days or times were proposed for the larger monthly POA board meeting or the smaller private board member meetings. The last sentence of Condition of Approval no. 2 was not intended to have specific days or times assigned for the one POA board meeting or the occasional private board member meetings and thus can occur outside of the regularly scheduled office hours of Tuesday to Saturday, 9:00 a.m. to 4:00 p.m. However, keep in mind, that the semi-public use approved for the subject property and associated building was approved based on it being compatible with existing and projected uses on surrounding properties. Quality Services Performed with Pride • Poc . tAvli,e g. • m AMENDED AND REINSTATED BYLAWS a OF THE x o OREGON WATER WONDERLAND PROPERTY m OWNERS' ASSOCIATION, UNIT II, INC. ; al x w w the original Bylaws having been recorded in Book 274 at Page 1062 z LI Z a �'i.-� as instrument number 92-27932 in the Official Records of pp N .�+ o Deschutes County, Oregon. �cxj •.t W ,a r ce a o o ARTICLE I - �,1 c NAME AND LOCATION OF ASSOCIATION ' E: ?G ;2.2 m The name of this Association is OREGON WATER WONDERLAND PROPERTY OWNERS' ASSOCIATION, UNIT II, INC. Its principal office is located at 17491 Killdeer Drive, Bend, Oregon 97707. ARTICLE II PURPOSES The purposes and objects of the Corporation, in addition to those otherwise provided by law, shall be to maintenance, repair, rebuilding or rehabilitation eof for operation, deeded accesses to waterways; to provide for compliance with Restrictive Covenants and Conditions on file with the Deschutes count Clerk°s office by seeking appropriate legal relief through the court systems; and to promote the overall utility and aesthetic value of property of UNIT II OREGON WATER WONDERLAND plat, Deschutes County, Oregon, for the benefit of members of the Association. ARTICLE III MEMBERSHIP 3.1. MEMBERSHIP: Every person or entity who is the record owner of a fee interest, or contract vendee, in any Lot that is subject to this Declaration shall be deemed to have a membership in the Association. Membership shall be appurtenant to and may not be separated from such ownership. The foregoing is not intended to include an interest merely as security for the peanoob who hold performance o and the giving of a security ty interest s of an obligation, membership. No Owner, whether one or more persons, shall have more`;nor=n -= one (1) membership per Lot owned. In the event the Owner of a Lothis more than one person or entity, votes and rights of use and enjoyment shall be as provided herein. The rights and privileges of membership_ including the right to vote, may be exercised by a Member or the Member's spouse, but in no event shall more than one (1) vote for each class of membership applicable to a particular Lot be cast for each Lot. Page 1 - Amended and Reinstated Bylaws 6421.1 abyraw i ' 3.2 SUSPENSION OF RIGHTS AND PRIVILEGES: All rights and privileges attributable to membership in the Association may be suspended by the Board of Directors with respect to any member who is declared by the Board to be in violation of the provisions of these Bylaws, the Building and Use Restrictions or the Rules and Regulations. Any decision mad by the Board pursuant to this section shall not be final until the affected member has been given notice and an opportunity to be heard regarding the suspension. Whenever a suspension of membership privilege has been occasioned solely as the result of a delinquency in the payment of amounts due to the Association, such suspension shall immediately terminate upon. the receipt by the Association of the full amount of the delinquency, including any late charges, interest, collection costs, fees and attorney fees actually incurred. 3.3 TERMINATION: Membership in the Association shall terminate upon the transfer of fee simple title to a Lot or a contract purchaser's interest therein, effective upon the recording of such transfer in the records of the Association or the need Records of Deschutes county, Oregon. Failure to so record such a change in the legal title to a Lot shall not relieve a member from personal liability for the payment or satisfaction of any assessment or obligation imposed by the Association subsequent to an unrecorded transfer. ARTICLE E IV MEETING OF MEMBERS 4. 1 PLACE OF MEETINGS: Meetings of the members shall be held at the principal place of business of the Association or at such suitable place convenient to the members as may be designated by the Board of Directors. 4 .2 AN N TMAL MEETINGS: The e annual meetings of the members shall be held during the month of August of each year. 4.3 SPECIAL MEETINGS: Special meetings of the members may be called at any time by the Chairman of the Board of Directors upon resolution _ by the Board of Directors or written request of a least five percent (5%) of the members. 4.4 NOTICE: It shall be the duty of the Secretary to mail, at least 15 days Lilt not more than 50 days prior to a meeting a notice of each annual or special meeting stating the purpose of the meeting and the date, time and place of the meeting to each member at the address of the member in the records of the Association, or the address supplied by such member to the Association for the purpose of notice. 4.5 QUORUM: Except as hereinafter provided, the presence either in person or by proxy of members entitled to cast at least 20 percent of the total votes of the Association shall constitute a quorum for the Page 2 - Amended and Reinstated Bylaws 6427.14a4Py4,W f 73,---) transaction of business at all meetings of the Association. When a quorum is once present to organize a meeting, it cannot be broken by . the subsequent withdrawal of a member or members. If a meeting of members cannot be organized because of a lack of quorum, the members who are present, either in person or by proxy, may adjourn the meeting from time to time until a quorum is present. A .6 VOTING: Notw±thstandi;'« anything to the contrary herein contained, it is understood that there shall not be permitted more than one (1) vote per parcel owned. Vote may be cast in person or by mail and there may be voting by proxy. 4.7 PROXIES: A member may vote in person or by proxy executed in writing and filed with the Secretary. Every proxy shall be revocable. 4.8 MAJORITY VOTE: A majority of those votes entitled to be cast, whether the members be present in person or by proxy, at an Association meeting at which a quorum is constituted, shall be binding upon all lot owners for all purposes except where a higher percentage vote is required by law, or by these Bylaws. ARTICLE V BOARD OF DIRECTORS 5.1 NUMBER AND QUALIFICATIONS: The affairs of the Association shall be governed by a Board of Directors composed of five persons. A husband and wire may not both serve on the Board of Directors at the same time. 5.2 TERM: Three directors shall be elected to serve two years each, two dire,-tors shall be elected `o - c.r. ��� to serve three years each. Election shall be by plurality as provided in Section 4.8 of Article IV of these Bylaws. 5.3 VACANCIES: Vacancies in the Board of Directors shall be filled by a vote of a majority of the remaining directors. The remaining term of the vacancy filled shall be served by the director so elected. 5.4 REMOVAL OF DIRECTORS; Directors may be removed from office before their term expires by a majority vote of all members, whether voting by proxy or in person, at a special meeting called for the purpose of such removal or at a general meeting. 5.5 COMPENSATION: No director shall receive any compensation for any service he may render to the Association as a director. However, any director may be reiTursed for his actual expenses which are incurred in the performanae of his duties as director. 5.6 MANNER OF ELECTION: Prospective directors shall run for a specific vacancy. After nominations from the floor at the annual meeting or by a nominating committee appointed by the chairman of the Board of Directors, voting may be by ballots, in which case d secret Page 3 - Amended and Reinstated Bylaws 6427.Ttandby1nw . ?9 7,3-- 5/ written ballot will be taken of all members or their proxies for each vacancy. Cumulating voting is not permitted. The person receiving the most votes for each vacancy shall be elected. ARTICLE VI MEETINGS OF THE BOARD OF DIRECTORS 6. 1 REGULAR MEETING: Immediately after each annual meeting of members, the directors elected at such meeting and those holding over shall hold a meeting for the purpose of electing officers as hereinafter provided and for the transaction of such other business as may come before the meeting. No prior notice of such meeting shall be required to be given to the directors. The Board of Directors by resolution may establish other dates, times and places for regular and special meetings of the Board. f 2 SPECIAL MEETINGS a Special meetings may be called by the chairman at the request of at least two directors, or at the chairman's discretion. These special meetings may be held at such reasonable times and places as the chairman may determine and shall be limited to only those items of business deecribed in the notice of such special meeting. 6. 3 NOTICES: No notice need be given for regular meetings held pursuant to Section 6.1. Notice of special meetings must be given at --_z days prior to the time of the ;meeting and shall include all business to he considered at such meeting. Attendance at a meeting shall constitute a waiver of notice thereof. 6.4 QUORUM: A majority of the directors shall constitute -r- vo I Directors may take any action which is in their power without a meeting by obtaining written approval of all of the directors to such action. ARTICLE VII POWERS AND DUTIES OF THE BOARD OF DIRECTO s 7. 1 GENERAL POWERS: The Board of Directors shall have power to exercise all powers, duties, and authority vested in or delegated to the Association and not reserved to the membership by provisinn of these Bylaws, and the Articles of Incorporation. y T 7.2 CREATION OF ASSESSMENTS. Each Owner of any Unit, by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, covenants and agrees to pay to the Association; (a) annual assessments or charges; (by special assessments, such assessments to be established and collected as hereinafter provided; and (c) specific assessments against any particular Unit which are established pursuant to the terms of these Bylaws, the Building & Use Page 4 - Amended and Reinstated Bylaws 6427.I\amdb 1iw Restrictions and the Rules and Regulations, including, but not limited to, reasonable fines as may be imposed by the Board for violations of these Bylaws, the Building & Use Restrictions and the Rules and Regulations. All such assessments, together with late charges, interest, not to exceed the maximum legal rate, collection costs and fees, including reasonable attorney's fees actually incurred, shall be a charge on the land and shall be a continuing lien upon the Unit against which each assessment is made. 7.3 COMPUTATION OF ASSESSMENT. It shall be the duty of the Board to prepare a budget covering the estimated costs of operating the Association during the coming year, which shall include a capital contribution or reserve in accordance with a capital budget separately prepared. The Board shall cause the budget and the assessments to be levied against each Unit for the following year to be delivered to each member at least thirty (30) days prior to the end of the current fiscal year. The budget and the ,assessment shall become effective unless disapproved at a meeting by a Majority of the Owners. Notwithstanding the foregoing, however, in the event the membership disapproved the proposed budget or the Board fails for any reason so to determine the budget for the succeeding year_ then and until such time as a budget shall have been determined, as provided herein, the budget in effect for the then current year shall continue for the succeeding year. 7,A ac nnratIc RU ES D REGULATIONS: The Board shall have the power but not the obligation to adopt rules and regulations to be known as the Rules and Regulations for Oregon Water Wonderland Property Owner's Association, Unit II, Inc. , dealing with the use of common areas, the restrictions on use of property within the subdivision and the interpretation and enforcement of the Building and Use Restrictions. Such rules may contain administrative provisions for the enforcement of the provisions contained in these Bylaws, the Building and Use Restrictions and the Rules and Regulations themselves, including a fine schedule and the procedure for the assessment of fines for violations of any of the provisions of these Bylaws, the Building and Use Restrictions and/or the Rules and Regulations, provided that every owner shall be given notice and an opportunity to be heard regarding the imposition of a fine. Such Rules and Regulations are hereby incorporated by reference herein and shall have the same force and effect as if set forth in these Bylaws and the Building & Use Restrictions. 7.5 OTHER POWERS: The Board shall have the power to declare the office of a member of the Board of Directors vacant in the event such member shall be absent without excuse from two regular meetings of the Board of Directors. The Board shall have power to employ employees and officials and prescribe their duties and fix their compensation. 7.6 DUTIES OF THE BOARD OF DIRECTORS: It shall be the duty of the Board of Directors to (a) cause to be kept a complete record of all of its acts and the proceedings at its meetings and to cause to be presented at the annual meeting of the members a report reviewing the business and affairs of the Association for the past year; (b) procure and maintain adequate insurance on property owned, leased, or otherwise used by the Association; (c) cause, in Page 5 .. Amended and Reinstated Bylaws Ur.1 amdbl+.:w ;.� OREGON WATER WONDERLAND AYA®AYAVAYAVAI"AY PROPERI7 OWNERS ASSN.-.UNIT II•17491 KILLDEER DRIVE•BEND,OR 97707•PHONE:8415936348/FAX 541.593-9265 On Line:WWW.OWW2.COm F.O.A.BOARD MEETING JULY 9,2003-7 P.M. -AGENDA- CALL TO ORDER ROIL APPROVAL OF JUNE,2003 MINUTES TREASURER'S REPORT APPROVAL OF EXPENDITURES OLD BUSINESS I. ROAD REPORT 2. DITCHES 3. WEEDS NEW BUSINESS AUDIENCE PARTICIPATION ADJOURNMENT • OREGON WATER WONDERLAND AYAVAVAVAVAIFAVAY PROPERTY OWNERS ASSN.k UNIT 11.17491 KILLDEER ORIVE•HEND,OR 97707•PNONE:541593-6345/PAX 6415939265 On line:www.oww2.com P.Q.A. BOARD MEETING MINUTES JULY 9,2003 Larry Snell,President,called the meeting to order at 7 p.m. Members present were Larry Haug, Mike Marshall and Larry Snell. All members present and accounted for. MOTION: Mike Marshall made a motion to accept the June, 2003 minutes as presented. Larry Haug seconded the motion. The motion carried. TREASURER'S REPORT: Ken Hascall, Bookkeeper reported that the C.P.A. has ass<ved him that the annual review for last year will be ready by date of our a ual meeting, along with the tax return. He said there are no unusual income or expense items to report for this fiscal year to date. The Capital Expenditures Budget ryas a balance of$3,780 after the purchase of the copy maxhine for$1,895. The balance covers street lighting. Ken said he expected to be receiving progress billings from the contractor on the roads work currently being done. The first of the accounts receivable statements have been mailed. Per our policy,we send. statements out 45 days from the May I billing date_ We are receiving a good response to our collections efforts. Collections to date are good, but off from last year to date by $5,212. Deposits for June were $33,788. The net receivable balance as of June 30, 2003 was $67,812 after reserve for bad debts of$22,322. At the end of June, Capital Reserve accounts (CD's and checking) total $208,924, Deposits/Reserve account $17,505 and other operations checking accounts totaling $50,521. A listing of deposits for Am is included with the financial package attar ed.. The payable checks submitted for signature total$6,165.11. MsO`:t'ION: Larry Haw made a motion to approve the expenduures presented. Mme Marshall seconded the motion. The motion carried. P.O.A. BOARD MEETING July 9,2003 Page 2 OLD BUSINESS: Mr. Snell said he contacted Professional Tree Care, the same company who did the mowing for us last year, to perform the same service this year. Their bid was$2,950. This was only an increase of$50 over last year. MOTION: Mr. Haug made a motion to hire Professional Tree Care to mow the ditches again this year and to start the mowing as soon as possible. Mr. Marshall seconded the motion. The motion carried. Larry Snell reported the blacktopping has been completed on Blue Heron and the edges of Marshawwk Snow Goose and Black Duck will be marked for patching. Compacted gravel will be put on the shoulders. The contractor expects to be finished by July 21st. Mr. Snell said the authority of the Board to enforce the rules and regulations has been rimilenged. The challenge has been precipitated by the difference between the "statement of purpose" as it is in the B.U.R.'s versus the "statement of purpose "in the Bylaws. To rectify this requires a vote of the property owners to provide for an amendment to the B.U.R."s "purpose statement" that would give authority to the Board ,---„, of Directors to enforce rules and regulations and any accompanying fine schedule. de a motion that the rules, regulations, fine schedule, and Emoons of the Bylaws as indicated in a letter sent to the association membership dated April 24, 2002 will not be enforced without approval of a majority of owners and that this decision will be binding on any and all fiture Boards until the issue of board authority on this subject is resolved. (Letter referenced above is now made part of this motion). This motion was seconded by lace i arshall The motion carried unanimously. Snell said the Board would have to apply for a conditional use permit on the P.O.A. building after it was recently learned that had never been done. The cost will be$1,040. MOTION: Mr. Haug made a motion to apply for a conditional use permit for the P.O.A. building. Mike Marshall seconded the motion. The motion carried unanimously. Snell announced court.dates on suit 420 was set for Ober 7 at 9:45 a.m. and suit#461 was scheduled for November 12 and 13, 2003 at 9:45 a.m. . Since the contractor who said he would take down the hazard trees at no cost did not follow through with copies of his liability and bond, it was decided to contact Springriver Tree Service to fall the trees. • P.O.A. BOARD MEETING July 9, 2003 Page 3 MOTION: Larry Haug made a motion to hire Springriver Tree Service to fall two trees on the P.O.A. property,which includes falling, cutting, stacking and cleanup for a cost of $175.00. Mike Marshall seconded the motion The motion carried. A homeowner was coned about accm to the forte m O.W, T. Snell said he has been talking to the people at Fort Rock Ranger Station and they are trying to resolve the access problem there. Such reported that there was a fire in the woods last weekend and about 'A acre was burned. It was quickly put out. The cause is suspicioned to be fireworks. MOTION: Larry Haug made a motion to adjourn the meeting. Mike Marshall seconded the motion. The motion carried. Larry Snell adjourned the meeting at 7:30 p.m. Minutes submitted by Lois Earley, P.O.A. Secretary. pm OREGON WATER WONDERLAND AYAYAYAYAYAYA° A '` PROPERTY OWPERS AWL-t 'i U.174911UUDEER ORIVE0BEND,OR 97107•PHONE 5415936345/PAX 541 5934265 On Lk wI sima 2.Oom Aprli 24,2002 Members of the Associate Oregon Water Wandedimd Property Owners'As me,Unit II 17491 KILLDEER DR BEND OR.97707 Re: The Board's Dectrien 40beting the kerodation'a Auks,� Bylaw, Deer mss: We are writing to provide you with informed= concerning the POA Board's meat decision resealing the coutrove sy surrounding the validity and enforcement of certain provisions of the and Use mss,the Bylaws and the Rides and Regulations. natgainatEM The Building and Use moons for Oregon Water Wonderland,Unit II,were created in the late 1960s. Although the Building and Use Res(BURS)did authorize an owner's Association with the abey to assess dtarges and fees,the only express grant of authority to the Awn was die operation,nmintmance,rebuilding and the repair of roadways,streets and public ways within the subdivision. The BURS do not ewes*s*give the Association the power to provide for the operation,mamntaaastce,etc.ofthe common areas doglike the fact that the Association does own and mast nee common.property within the subdivision. To be mad,the BUBB rye a mejorke vote of a 11 lot owners in the tobdivisim Ovw ycgLrs, prior boards have attempted d to amend the BUBB to connect the error rig the authority to manage the common property and to propose various other amendment.s. However,because of the voting requirements,these boards£nand it difficult,ifnut ale,to gather the necessary 1' The validity of at lima one&alendlease(19844985)to the BU Rs has rem*keti clulieaigod by some members. The Bylaws,on the other band,wero adopted and recorded after the BURS to govern ofthe Association. in soradment provisions of the Byi&ws are ewer to meet became they require a majority ofthose who vote,rather than a nie odty ofth lot owners. During the 1990e,the Board(ofwitich none of the prow Board were meads)proposed ____dmeers to both the BURS and the Bylaws which would give the Associstion the ability to menage not Because of die only but also common property end other averse ofele won. voting raluiremente,the amendment to the Bylaws passed while the • • Association.Membership April 24,2002 Page 2 tunendmem to the BU Rs did nom. The prior Board worked with at least one attorney to prepare nde s and ins whith were then adopted by the membership based an the quorum and voting pis ofthe Bylaws,not the BURS. SOU: The question is tOtether the recorded Bylaws could be used to implement rides and mutations eeapand�the Association's authority beyond that which was expressly provided for is the BURS. Several attorneys have looped at this on behalf ofthe Association and have concluded that there is no definitive answer to this question. The only way to find out if the rules and regulations are enforceable is to have a court decide the issue. Tiros,the circumstances under whic the Mies and regulations&re tested in court&re very%voltam. This Bossed of Meows reek hawked this ime and has t.•-= con.vraed with the way the rules and reguladons were created. A recent lawsuit filed by rmothy Stroud and Jmak Oliver has drawn focus to the ire. One attics agonies has been the hot that no member oftbls Board of fora was on the Board when the decision was made to proceed under the adopted Bylaws and to create and enforce these rules and regulations based on the au hority adopted in the Bylaws. This Board was,in essence,handed these rules and regulations and told to came them but bad not been directly i iwolve4 i I their creation. tDnelu t :e cu reset uncertainty with these documents,the Board has unanimously decided ft roil seek a vote ofthe to determine what authority the meinberehip wants the Association to have and to allow the members/up to craft any additional moans it wants enforced within the community. The Board has,therefore,unanimously decided that in the meantime ft will not enforce any roles or re cans or corporate Bylaws that are contrary to the exwase authority and=Mate of the origkel BM,or any nonedmants to the Btilts that wme not properly adopted by a full mqjority ofthe membership' Please understand that this decision. is not a concession to Straod and Oliver or their litigation tactics. The Board readied this decision after carefully the to le and icsangide pros and cons of either enforcing or soaping the rules and decided its decision was in the ire ms's best . The rules and Bylaws which will not be enforced without approval of a majority are: LS: 1. ARTICIE II,Purpose Statement--provisions of purpose statement providing for compliance with CC&Rs,promoting overall utility and aesthetic value of OWW. 2. ARTICLE lq Section 3.23. Association Mainbaship Aprli 24,2002 Page 3 3. ARTICLE W x."7.2 4. ARTICLE Section 7.4 except rules for providing for the operation,maintenance, Wig,�rehabilitation of roads,streets and public ways. 3. AR' s VI, Section 7.6(e)except for purposes ofprovidiog*r maintenance,rebuilding and rehabilitation of roads,streets and public ways. 6. ARTICLE X, Section 10.1 except for purposes of subtenancy,rebuilding mid xeliabiltation ofxoads,streets and public ways. 7. ARTICLE X, Section 10.22 KILO AND REGITJQQS: 1. Chapter 2,All Sections 2. Uiapter 4,AR Semis 3. a+aptear 6,AR Sections 4. Cnapter 7,All Sect:lens S. Chapter 8,Section 8.1 6. ampler 8,Section 82,Ina sentence 7. Chapter 9,All Sections Copies of these docsommis will be posted at the POA office and can be obtained foam the POA for a eel*g fee of.a 0¢per Page In the next Sew works,proposed amendments to the BURs will be sent to the members hoar a vote to allow the membership to decide what power the Association should or should not have and what additional restrictions,if any,should be included as a part ofthe comam ni y plan. We urge each ofyou to vote on these amendments to give this Bond and figure Boards guidance a as to how the io wants ibis emmontiky to fie. We appreciate your patience and attention to this matte Sincerely, Rnsald Crawford,President,for OWW 1l o.A.Board ceDirectors