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HomeMy WebLinkAbout2014-09-22 Business Meeting MinutesDeschutes 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 ofthe 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 ofthe 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 of3 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 DeB one 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 of3 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 {)q Ib Day of ~~h.---2014 for the Deschutes County Board of Commissioners. Tam ~' Anthony DeBone, Vice Chair ATTEST: Alan Unger, Commissioner 1D~~ Recording Secretary Minutes of Board of Commissioners' Business Meeting Monday, September 22, 2014 Page 3 of3 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 ofa public hearing will NOT be included in the official record ofthat 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 of4 j i I 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@deschutes.org. I PLEASE NOTE: At any time during this meeting, an executive session could be called to address issues i 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. i I FUTURE MEETINGS: I ! (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. Ifyou have questions I regarding a meeting, please call 388-6572.) I Monday, September 22 i i 10:00 a.m. Board of Commissioners' Business Meeting I 1:30 p.m. Administrative Work Session could include executive session(s) I ~ 6:00 a.m. Deschutes County 4-H Leaders Association Reception Fairgrounds Wednesday, September 24 i 10:00 a.m. Board of Commissioners' Business Meeting I 1:30 p.m. Administrative Work Session could include executive session(s) I Thursday, September 25 I 9:00 a.m. Performance Management & Department Update -Risk, Veterans Services and Law Library I 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 of4 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. Sheriffs 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 of4 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 1:30p.m. Administrative Work Session -could include executive session(s) Tuesday, November 4 3:30 p.m. Local Public Safety Coordinating Council Meeting 5:00p.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 of4 ••••• lUU:Y~ir IlYIUti Uj: 4"1 AI FHA!"~lS iN) MARTIN FAI No. 5413827068 F.OOI '"-' .~ ' .. ~ ..... ~ ..... -. ...... ~ OCIRCUIT COURT OF OReGON C ElElIENTH JUDICIAL DISTRiC't DESCHUT&9 COUNTY JlIST1CIi BUILDtI'.aG 1100 NW IOND STREET -' BEND. OAEGClN 91701 . (541) 8aN3OO Scptem_ll.2003 SEP 112t'm·~d( '-4ltA 1,'j Jennifer Oliver .c.....Q (fI1,oJltno,f\/ . 55833 Wood Duck Drive BcmdyOR 9770"1 ' .. A. Martin AtIDmey etIaw 1199 NW Wall Street Bea.d.. OR. 97701-1934 • Re: Dear Ms. Olive(-and Mr. Martin: Wnc:tbm'dafcodmt can impo$c fi.uas in lite futw.l; or wlwitbet it wai illfgai to do au iu. tho put need,DOt ~deddcdin tis case. July fino dofaldau.t pw:portBd ill inlpose _ boca:J. doclaRd ~• .Any1bt.ure atUmptI to impose a fine will teqtdre Bai1diDg and Use Rest:dcti.oDs anendmeIlt. . . This renders any decision on the legality ofpas1: Board aotf.oDJ ~ moot. AnY opinion JmW on ~ ~Wcal filture at:te.o2pl$ to impose fines would oonstitote 811. advieoty opinion, which 1he court it prohibited iiom stvmg. See, Low v . .KiMling, 130 Or App J (1994). However, tho court baa dumpd the wordiDa ofdloproposod. ~j~t IUbmittcd by . Mr. Martin to make d.ear to tutare BoaJds that· an 8IIlC8dmcat oftbe Building anti Use ~di0n5 would not entiCle the defeodant 1O.rcinat*Jhc finc for put allcged rule violations. Enclosed is a copy oftb.e declaraaxy judpnmtas Cll.ecuted. SiDcerely, 7~~ .~KTik1ia . ~.Tu·-{tt 'f/t:t/O.3 L-IrR..{(f 5JJ1EL.~ PAt .5q:3~72.&(2­ tUU3!SBP/2~riON 03:4i Ai F~~IS AND MARTIN FAX No. 5413827068 . P. u02 ~ " ~":,,." 'r_.. .. ; w' '" :.::.... I • o 1 2 3 4 :; 6 7 IN THE CIRCUIT COURT OF THB STATB OF OR.EOON 8 FOR THE COUNTY OF DBSCHUTES 9 10 ~ 11 12 13 14 v. OROOON WATER WONDBRLAND PROPB1t'IY OWNBRS ASSOC., UNIT D,. INc., 111 Otcgoo. eotpO!IItioll, Defcodant. ~ ) ) ) ) ) 15 Case No. OlCV042OMA 16 tb.e CJ;Ost-motiOl1$ £or ~jud~submi.tted. by me p1&i:rdiff atld defendant came 17 on replady fbr beIring be1bl1:1he (OtIl't on Aupst 21. 1003. The plaintiffappeared. peaDD811y,. 18 p:o set and the ~t ~by and ti1rough it! sttcmey~ Ger-.Jd A. ~T1-~COltrt. 19 having COD8ic1ered 1he aftidavi18, doeum.e:o:I8 md.wpm_ h«eby ded.areI as follows: 20 1) 111_ d no issue ofmateria1. iBd. 21 2) Basec1 U:POD dle resolution adopted bytlul Board ofDixec1ms ofthe d.eOO.dant on 22 1uly 9, !003. the court dcd.aP:s that nei.th« the A&sooiation nor mBoard of 23 DJtectm:s may, 'lJt1W or iii the 1iltDre, eD.1brce or attempt to eaforce any fine which 24 it prrNiously attempted to i:mpoie on the plaintiff or her property. 2S \\\\\ 26 "'" ---' ('\ FAX NO, 5413821068 P,003 .' '..../ o ,.........,. \ 1 3) Uuless md US1tiI an anumdment to the BuildiD,g and. Use Rest:tictiOI1l is 2 appooptieiely a.dc.pmd, n&i1h..the defendant ~ation G£X ita Board of 3 0inId0ts shaD at1a:D.pt to impose or en1btoc my tine on the plaiDtiff'or her 4 propttty 1br vinlation of my nUe. S Dakdtbis 11 cUtyofScptembcr, 2003. 6 '1 8 Q.r 10 11 fA1.6 13 14 -' IS 16 11 18 19 20 21 22 23 24 25 26 p~2 012 -DSCLARATORY llJ"DQ'.i;.mN 1 J J.L1. "'"' • ....., ! S U'< I"t! U1." .l.", -_. ".,_ .., ' . , '1 .. ,.--... I '! '- ' \ . Community Development Department Planning Division Building Safety Division Envlronmenlitll Health Division J 117 NW Lafayette Avenue Bend Oregon 97701-1925 (541)388-6575 FAX (541)385-1764 1 4 1 vI~ 1 TO: ! FROM: CC: DATE: SUBJECT: http://www.co.deschutes.or.us/cdd/ MEMORANDUM County Planning file no. CU-06-35 Cynthia Smidt, Associate Planner ~ Dean Ginn, OWN2 Property Owners Association June 2. 2009 Conditional Use Permit CU-06-35. Condition of Approval no. 2 Condition of Approval no. 2 for CU"()6-36 was corrected via a Planning staff memorandum dated May 8, 2006. It reads, 2. The approved use consists of use of the existing bUl1ding on the subject property for the office of the OWW2 Property Ownel'S Association. Office houl'S -the times when the ofIjce. is open to OWW2 property ownel'S and othel'S will be ./rtrttn1dta rrcJ more than zrrnaul'S per week, Tuesday to Saturday, between 9:00 a.m. to 4:00 p.m. Houl'S will a/so be limited to one POA bosrd 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 (OWN2) 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 Seroices Performed with Pride I I I \ I ; I \'~~~ \A.V\'Pf;..t.:., e>~ \"Fv tt~~lM'\.e.nT AMENDED AND REINSTATED BYLAWS .. QJo ~ • ..aJ OF THEf< CO ..., ',-l ftI ::t OREGON WATER WONDERLAltD PROPERTYZ >. t.'l 0:; GI 4J OWNERS' ASSOCIATION, UNIT II, INC.; l:)C" .. f<~ 4J tal 0 .. " a::,uZ" the original Bylaw. having been recorded in Book 274 at Page 1062 ,utall-l .e in8trument number 92-27932 in the Official Recorde of~-tg1~..., H ,~ 0. De.chutea county, Oregon. C(I)f<HI' 0:; -Pi tal ..., I' O)Il<IIIO\ 5:!~ ,30:: ;! o.~O ARTICLE I • 0. Z 0:: ~ 0 .. ~11I~~'g NAME AND LOCATION OF ASSOCIATION c..·.-4t«N<I/-t E...:,t: .... IIITo The name of this Association is OREGON WATER WONDERLAND PROPERTY ~OWNERS' ASSOCIATION, UNIT II, INC. Its principal office iz located at ~ 17491 Killdeer Drive, Bend, Oreqon 9770i. ARTICLE II PURPOSES The purposes and objects of the corporation, in addition to those otherwise provided by law, shall be to provide for the operation, ~aintenance, repair, rebuildinq or rehabilitation of roads, streets and deeded accesses to waterways; to provide for compliance with Restrictive Covenants and Conditions on file with the Deschutes County Clerkls office by seeking appropriate leqal 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 Oeclaration shall be deemed to have a membership in the Association. Membership shall be appurtenant to and may not be separated from such ownership. The foreqoing is not intended to include persons who hold an interest merely as security for the performance of an obligation, and the qivinq of a security interest shall not terminate the Owner's membership. NO owner, whether one or more persons, shall have more than one (1) membership per Lot owned. In the event the Owner of a Lot is 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 Memberts spouse, but in no event shall more than one (1) vote tor each class of membership applicable to a particular Lot be cast for each Lot. Page 1 -Amended and Reinstated Bylaws 6421.1-~ I. I' 3.2 SUS?ENSION OF RIGHTS AND PRIVILEGES: All rights and privileqes attributable to rnember5nip in ~~e 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 Re9ulations~ Any decision m~de 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 upo~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 Qr the D~ed 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. 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 14~NUAL MEETINGS: The 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 8~rd of Directors !lpOn 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 but not more than 60 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 . . .'.. . transaction of business at all meetings of the Association. When a quorum ia 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 & lack of quorum, the members who are present, either in person or by proxy I lIay adjourn the meeting from time to time until a quorum is present. 4.6 VOTING: Notw!thetandin~ anythinq 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. 4.1 PROXIES: A member may vote in person or by proxy executed in writing and filed with the sec~etary. Every proxy shall be revocable •. 4.8 MAJORITY VOTE: A majority of those votes entitled to be cast, whether the aembers 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. I I ARTICLE V BOARD OF DIRECTORS I 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 wife 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, I +-__ ....0 ...A.;-a,..t..L ....... -=-~v.r;..~.....~." .,.k ..1'............ "'... A'-CQ-I!,.C; ","""'lI;I5~........~ +-~ "'_gGA......VV:-"h"'''''''''''A.'l;iijV" l'UQLz:. eQ....,;.I!~--,...,"-""'--t.LUI'l _­~,:uu.&.&. ..,.v -.." ••~~--1:I..Le!f....i 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 he filled by a vote of a majority of the remaining directors. The remaininq 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 qenera1 meeting. 5.5 COMPENSATION: No director shall receive any compensation for any service he DAY render to the Association as a director. However, any director may be rei~ursed 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 a secret Paqe 3 -Amended and Reinstated Bylaws II " " 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 I MEETINGS OF THE BOARD OF DIRECTORS 6.1 REGULAR MEETING: Immediately after each annual meeting of members. the directors elected at such m@etinq and those hOldinq" 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. 6.2 SPECI~.L MEETINGS; Spacial ififS€Stings 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 de$cribed 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 least two days prior to the time of the meeting and shall include all business to be considered at such meeting. Attendance at a meeting shall constitute a waiver of notice thereof. I 6.4 QUO~lJM: A majority of the directors shall constitute a quorum. 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 JU.fD OL'TIES OF Tdt; S01-.RO OF DIRECTORS I 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 p~OVi5ign of these Bylaws, and the Articles of Incorporation. 7.2 CREATION OF ASSESSIIBN'l'S. Each OWner of any Unit, by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, cov~nants and agrees to pay to the Association; (a) annual assessments or charges; (bt speci~l assessments, such assessments to be established and collected as hereinafter provided; and (c) specific assessments against any particular Unit which are Iestablished pursuant to the terms of these Bylaws; th~ Building & Use Page 4 -Amended and Reinstated Bylaws 99-F~7.._SS : Restr ictions 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 v 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 contributicn or raserve in accordance with a capital budget separately prepared. The Board shall cause the budget and the assessmenta 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 ~~e as&ess~nt 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;4 ASSOCIATION RULES ~~D REGtlLATIONS: 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 Requlations 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 Cal 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 OREGON WATER WONDERLAND ATA'" A "A..A"A"A ..A" PROPERI f OWNERS ASSN. .. IJMT .-17491 KI.I..I:lEER DRNE-fIEM). OR 97707-PHONE: 541 ~/tM 541 59S9265 On LIne: WWW.0ww2.com P.O.A. BOARD M1I!iL1:41NG JULY 9, lO83 -7 P..M. -AGENDA-. CALL TO ORDER ROLL APPROVAL OF JUNE, ZOO3 MINUTES TREASURERtS REPORT APPROVAL OF EXPENDl11JR:I8 OLD BUSINESS L ROAD REPORT 1. DlTcmts 3.. WEEDS NEW BUSINESS AUDIENCE PAR'IlCIPATION: ADJOURNMENT ,.--... \ OREGON WATER WONDERLAND A ~A"A Y A"A ..A".&'"A Y PROPER1Y OWNERS ASSN. ~UNT 11.1149:lI<lUDEER ORNE-BEN>, OR mOT-PHONE: 541 fi93.6345/FAX 541!S9S-9265 On line: www.0ww2.com P.O.A. BOARD MEETING MINUTES JlJI ,Y 9, 2003 Larry Snel1, President; called the meeting to order at 7 p.m. . M~present were La\TY Haug, Mike lvfarsbaU and Larry Snell All members present and accounted for. MOTION: Mike Marshall made a motion to accept the June, 2003 minlltCJ as presented. Larry Haug seconded the motion. The motion carried. TREASURER'S REPORT: Ken Hascall, Bookkeeper reported that the C.P.A bas assured him that the annual mriew fur last year will be reOO.y by the date of our annual meeting, along with the tmt return. I He said there are no unusual iIKiome or expense items to report tor this fiscal year to date. The Capital Expenditures Budget bas a balance ofS3,780 after the purchase oftbe copy I machine 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 ofthe 8QCOunts receivable statements have been mailed. Per our PQ1icy, we send statements out 45 days from the May 1 billing date. We are recen.ing a good response to our coJ1ections efforts. Co11ections to date are good, but off ftom 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 acC01JtU (CD's and checldng) total $208,924, DepositslReserve account $17,5OS and other operations checking accounts totaling $50,521. A listing of d..--posits for June is included \vith the financial package attached. The payable checks ~for signature total $6,165.11. MonON: Lany Hal;ig made a motion to approve the expenditures presented. lvfike Marshall SCC9nded the UlOtion. The motion carried. P.O.A. BOARD MEETING July 9, 2003 Page 2 OLD BUSINESS: Mr. Snell said he contacted Professional Tree Carc; the same company who did tbe mowing mr us last year, to perfurm the same service this year. Their bid was $2~9S0. Tnis was only an increase of$50 over last year. MOTION: Mr. Hang made a motion to hire Pro:i:ssional Tree Care to mow the ditches again this year and to start the mowing as soon as possible. Mr. Marsba11 seconded the motion. The motion carried. Larry Snell reported the blacktopping bas been completed on Blue Heron and the edges of Marsbawk. Snow Goose and Black Duck will be marked f)r patching. Compacted gravel will be put on the shoulders. The contractor expects to be :finished by Iuly 21 st. Mr. Snell said the authority of the Board to enforce the rules and regulations bas been c.balIenged. The cballenge has been precipitated by the difference between the "statement of purpose" as it is in the B.U.R.~s versus the "s1atement of purpose "in the Bylaws. To rectiJY this requires a vote of the property owners to provide fur an amendment to the B.U.R."s ''purpose statement" that would give authority to the Board ofDirectors to enfurce rules and regulations and any accompanying fine schedule. : a motion that the rules, regulations, fine schedule, and sections of the Bym\'8 as indicated in a Jetter sent to the association membership dated April24~ 2002 will not be enforced without approval of a majority of owners and that this decision will be binding on any and an future Boanfs until the issue ofboard authority on this suiject is resolved. (Letter referenced above is now made part of this motion). This motion was seconded by Mike Marshall. The motion canied 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 fur the P.O.A. h.»1ding. Mike Marsba11 seconded the motion. The motion carried unanimously. Snen announced court dates on suit 420 was set fur October 7 at 9:45 a.m. arad suit #461 was scheduled in November 12 and 13, 2003 at 9:45 am. Since the contractor who said be would take down the hazard trees at no cost did not fulJow through with copies ofbis liability and bond, it was decided to contact Springriver Tree Service to fidI 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 filDing. cutting, stacking aDd cleanup for a cost of $115.00. Mike Marshall seconded the motion. The motion canied. A mmeo",ner was concerned sbot.'t access to the forestland in O.W. W. Snell said he has been talking to the people at Fort Rock Ranger Station and they are trying to resolve the access problem the!e. Snell reported 1bat there was a fire in the woods last weekend and about ~ acre was burned. It was quickly put out. The cause is suspicioned to be fireworks. MonON: Larry Haug made a motion to adjourn the meeting. Mike MarsbaIl seconded the motion. The motion carried Larry Snen adjourned the meeting at 1:30 p.nt. NJllltites submitted by Lois Earley. r.O.A. Secretary. I, i I ? I ) ltlflt' III!IIIIIIIII il!!I!! iJtJIJfft!tr~ !I~I:r riJI'!' ~..! JI. [1S J, • J' J" ~ I'i~lt~J II.I!I i' It at111111 .. ~ litlllliti'l~t~ ~ ,,11f.lf,!! ~IJ~!!IIII~~ ., ttii;! ~lftJI;lllrJ tlill It .. ". a. •J rle.r ; ) Ifi i r ~ilf~t 1 I' t r ~~!:II .It ~f! f i II[!~ ~ ,I} J. J ~JII t}l J !,tJ t ..; I . II tIi t ,.2,1 ); II II ii !=E 9i i • !~ ~~ j~ ,:;.­ I: t: I~ li ') j 1 ),/ \ ~ ~ It 11", i·J r it fl·" !If.II fils tII r rtf. It' I i I. -i It f. I. • fr I~in' .' t I I = J .·r ~t ". r f rr.~ • J 8 I (i, .. s. ~" · · (SI, 5, S · t jr JiJfl t,!( trtl If jill II ·''l'"W''·_.....'''',...-..."i'''>''••~'''''''''''''".....''"'''''''''''"1~.~'':\" ..1'...,"'''''··''','W.,.,_Y'''-1''''''''.'''''*':''~'·''''''''''''r~'_''''''\'''''''--l''III'''''--no~~~:''I''l!>1!I'Y% ::;:;%:;~r_"f_ll"f'M"',iI\?"'iNl<ql()4"tl$!!l;tQ w~ t4L'¢U ,"'u ..~, u W,' fin ;:y '.\ ;) '3....1» ,~!lI(, l!lI!!'\\ ,1!;,1t.\!. II .1Nltll!;g_~,L'lItl. !, I 3. A1D"!CLE VII,Sectio.I:"7.2 4. AllTICLB VD;,_Seodoa 1.4 eareept mlea ...ptOYidiaa ...dIe ~.........., rebm1ctia& atrdlabi1ialdoa ofmads, stneta and public ways. s. Allna...E VB, Seotkm. 1.6(e) except for pmposes ofprov:idiq for operatIcm, maiateoaaco, mhm14iaa and Je1JahiIitatioJ ofmads, __..pub. ways. 6. AllTICJ.E X, Secdon 10.1 ~1br purposes of_hat....,..nibaiIcIiDa aad. r~oftOaC1&, 8tleet8aad pubIoways. I 7. Alt.TIaB X, Seodoa 10.~2 BIlLA AND BJGULATIQISJ; 1. Otaptor 2, AD 8ecdou 2. C2iapfet' 4~All Secdou 3. Otaptor 6, AD. Secdoas 4. CUpter 7, AD Secdou ,. CIaapter 8, SecIioa 8.1 6. CUpter i, ___ 8.~iIii IeIIteiico 7. Copies oftheae doooalllldS will 'be posted at the POA o.t6oe ad OlD be ohtaiaed Dvm the lOA fbr. ~&e of JQ ¢ perpase. In dutD8ld fiMr~:pIUpa.l .............to dloBl.JJls will be ..to the ...........a vote to aIlowdlo .........to docide wJIat pOWCl' tile Asaooiatioa. 8h.ouJ4 or alroaId DOt Jurve .... __......1~if.." ......be iad.adecI ...Part ofdle ."'Mity pia. WOlllP ..of)'Oll to vote OIl tIaeIe """"'..,.'C8 to sivedds Board and fbtare BoenIs ......«» IS to how the .IDOIlIberddp '\'IlIBtS this OO".miltity to operate.