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Surf Pines Association Regular Meeting of the Board of Directors
November 16, 2009, held at the Meeting House

Present:  directors Burr Allegaert, Gheri Fouts, Jeff Hall, Dave Lukens, Michael Wilkin: chairpersons Steve Dawson, Bonnie Rogie; members Kathy Ball, Robert Ball,  Lee Casaleggio, Norma Keever , Clarke Powers, Shirley Powers, Kelly Stearns, Judi Stewart, Lisa Whisler.  Others; John Gates, John Wallpe.  Administrator Dan Bartlett. 

The meeting was called to order at 4:00 p.m. by President Michael Wilkin, during a severe windstorm that resulted in several brief power outages.

The minutes and vote count of the special meeting on October 17, 2009, were approved by a vote of 5-0 (motion by Allegaert, second by Lukens), following making two corrections after reviewing an email sent to the Board from Jeff TerHar; a change in the time for last-call for ballots (from “approximately 9:20 a.m.” to “shortly after 9:00 a.m.”), and a correction of a name (Lisa O’Grady changed to Lisa Whisler).  No comments or corrections from members present on the minutes were voiced.

The minutes of the regular Board meeting on October 19, 2009, were approved as presented by a vote of 4-0 (motion by Allegaert, second by Hall), with Wilkin abstaining since he was not present at that meeting.  No comments or corrections from members present on the minutes were voiced.

The agenda was unanimously approved with no addition of topics.

Comments from the Membership (None)

Treasurer’s Report
The treasurer’s report was unanimously approved as presented by Gheri Fouts, Treasurer.   During her report she noted that the accounts receivable were larger by approximately $1,600 in the current year from the same period in 2008.

Safety and Security (S/S) Committee’s Report
Lee Casaleggio reported for the committee in the absence of Jim Cooper, chairperson.  Cooper had previously submitted the minutes from the committee’s last meeting. Casaleggio updated the Board that the committee continues to work on two topics; a draft letter to speeders, and additional security measures for real estate access codes.  He also reported on the warning for an intense winter storm during the night.

Roads and Grounds (R/G) Committee’s Report
Burr Allegeart reported for the committee in the absence of Don Kruger, chairperson.  Kruger had previously submitted the minutes from the committee’s last meeting.

The recommendation from the R/G committee to proceed with legal action to enforce removal of the structure on the SPA Pelican right-of-way was discussed by the Board.  Dan Bartlett reported that he had recently discussed with member Neil Cummings, the progress toward removing the building.  Cummings has poured a concrete slab to move the structure onto, but it had proven not possible to simply roll the building.  He indicated to Bartlett that he had contacted a local contractor to move the building using a crane.   Noting that the deadline was November 1, 2009, the Board directed Dan Bartlett to draft a letter for the President to sign, requesting a written timeline and firm plan to finish the project.

Community Relations (C/R) Committee’s Report
Bonnie Rogie co-chairperson reported for the committee. She had previously submitted the minutes from the committee’s last meeting.   The C/R is now planning for the holiday party, when the drawing for quilt will be held.

President’s Report
President Wilkin reported that the Board had met in Executive Session with the attorney for the SPA on Monday, November 9, 2009, concerning potential litigation by member Kelly Stearns.  At that meeting the Board had been given firm advice to not discuss the issues.

President Wilkin then led a discussion on a second draft Board policy on SPA committees.  He noted receiving several comments from the current committee chairs via email, and two deficiencies in the current draft; formulation/guidance on sub-committees, and ad-hoc committees (an examples would include the gate beautification sub-committee).  Most of the discussion was about the Bylaws committee including whether it should be a standing committee because of an uncertain volume of work.   Allegaert also raised a concern about the committee process becoming too formalized.  Wilkin will revise the draft and present at a following Board meeting.

Administrator’s Report
Dan Bartlett reported on the status of ongoing business.  He again stated that Ticor Title & Escrow Co. continues to work on the quiet title action to remove the right of way to no-where on the association’s Manion properties.  

(Note that the Pelican Lane encroachment was discussed under the R/G committee report) 

Ongoing lien actions were reported by Dan Bartlett.  Most notable was the Walker property lien, which has completed foreclosure procedures by the County.   The County is now the owner of the property, and they acknowledge their responsibility for payment of SPA dues.  The County may also be in the process of selling the property as they have found emergency contact information for Teresa Walker. 

Old Business
A draft of the consolidated bylaws (including those voted on by the membership at the October 17, 2009, special meeting) has been sent to the SPA attorney and was presented to the Board by Bartlett.  Following discussion by the Board on how best to update all the SPA membership, it was agreed to include a document with the Articles of Incorporation and Bylaws as part of the January, 2010, mailing that will also include the Breeze and quarterly invoice for dues.

The letter sent SPA member Egan regarding his property at 89914 Ocean Drive was discussed.  Mr. Egan had invited a Board representative/s to meet with him at his property concerning the written complaint and review recent work.  Jeff Hall met with Mr. Egan and reported to the Board that a significant amount of clean-up and exterior reconstruction had recently occurred, and Egan planned additional work.  In Hall’s opinion the property was no longer posed a hazard or nuisance as per the SPA bylaws.  Based on this recommendation the Board directed Dan Bartlett to draft a letter to Egan stating the issue raised in the written complaint had been resolved.

New Business
Three draft Board policies recently prepared by Burr Allegaert were briefly discussed by the Board; Garage Sales, Open Houses, Mailing Lists.  Action on all drafts were deferred until a subsequent meeting to allow for incorporation of comments from the various committees.  However it was agreed that the request for printing mailing labels to the C/R committee for the Holiday party announcement was approved.

Following a motion by Allegaert, seconded by Fouts, and approved by a 5-0 vote, the meeting was adjourned at 5:24 p.m.  The next regular Board meeting is planned for Monday, December 21, 2009, at the meeting house.

Respectfully submitted, November 19, 2009.       Dave Lukens, Secretary

Present:  directors Burr Allegaert, Gheri Fouts, Jeff Hall, Dave Lukens: chairpersons Jim Cooper, Don Kruger, Bonnie Rogie; members Kathy Ball, Robert Ball, Norma Keever, Lisa Whisler.  Administrator Dan Bartlett.  Absent (excused per 4-0 vote of the Board): Michael Wilkin.

 The meeting was called to order at 4:00 p.m. by vice president Burr Allegaert. The minutes of the regular Board meeting on September 17, 2009, were approved as presented by a vote of 4-0, after editing the section on the Comments from the Membership (changed “large number of dogs” to “dog barking noise and nuisance” and removed names).   

The agenda was unanimously approved with the addition of two topics under “New Business”: adding a purchasing account, and using membership names used in minutes. 

Comments from the Membership (None.) 

Treasurer’s Report
The treasurer’s report was unanimously approved as presented by Gheri Fouts, Treasurer.  

Safety and Security (S/S) Committee’s Report
Jim Cooper, chairperson, reported for the committee.  He had previously submitted the minutes from the committee’s last meeting.

Following a discussion on the proposed policy for “hunting violation procedures”, a motion was submitted by Dave Lukens, and seconded by Gheri Fouts, to approve the policy as submitted by the S/S Committee.

Jim Cooper also updated the Board on the procedure the S/S is developing for maintaining a brief listing and flyers on “for sale” Surf Pines properties at the Security house.  The goal is to reduce the likelihood of potential buyers gaining unescorted access through the security gate.  The concern was discussed regarding minimizing the time and space John Gates dedicated to this task, and that the office not become a satellite real estate office.

Roads and Grounds (R/G) Committee’s Report
Don Kruger, chairperson, reported for the committee.  He had previously submitted the minutes from the committee’s last meeting.

A motion was submitted by Dave Lukens, and seconded by Jeff Hall to approve the request from the R/G to remove scotch broom from the SP road right-of-way and 65 feet at the Manion property frontage, at a cost of $2840 per the bid from Young’s River Tree Service.  The motion passed 4-0.

A draft letter that had been edited and approved by the R/G to Rick Charlton (Stellar Lane subdivision) was reviewed by the Board.  The letter included specifying that access to lots from Manion Drive would not be allowed, along with other conditions including road standards.  The next County Planning meeting on this project is scheduled for November 9. A motion was submitted by Dave Lukens, and seconded by Gheri Fouts for approval of the draft letter.  The motion passed 4-0. 

Community Relations (C/R) Committee’s Report
Bonnie Rogie co-chairperson reported for the committee. She had previously submitted the minutes from the committee’s last meeting.   She reported that 37 members attended and enjoyed the recent Harvest Festival hosted at the Scanlon-Hart home.  The C/R is now planning for the holiday party, when the drawing for quilt will be held.

President’s Report
(Comments from the Board in the President’s absence)  The draft revised policy on SP Committees is still being worked on by Michael Wilkin.   The second draft has not yet been submitted to the Board, but will likely be forthcoming at the next meeting.

Administrator’s Report
Dan Bartlett reported on the status of ongoing business.  He again stated that Ticor Title & Escrow Co. continues to work on the quiet title action to remove the right of way to no-where on the association’s Manion properties. 

Dan reported on recent conversations with SP member Neil Cummings concerning the structure built on association property near Pelican Lane, and his plans for a work crew to move the building and firewood pile.  It was noted by the Board that removal of the structure has just recently begun.  Since the final date given to Mr. Cummings for removal of the structure (November 1, 2009) has not yet been reached no further legal action will be initiated by the Board at this time. 

Ongoing lien actions were reported by Dan Bartlett.  Most notable was the Walker property lien, which has just completed foreclosure procedures by the County.  Despite the Board following legal counsel’s advice on the lien action, SP will likely not be reimbursed for the approximately $3600 owed in past membership assessments on this somewhat property.  However the County (now owners of the property) will be paying future assessments. 

Old Business
The October 17^th Special Meeting on Bylaws was discussed, noting that all 15 measures were approved.  Dan Bartlett will be completing the minutes from that meeting soon. It was agreed by the Board that before the new bylaws can be fully implemented they must be integrated with the previous bylaws into a document.  Dan Bartlett was directed to complete this task, and submit for review of technical correctness prior to the next Board meeting.   The Board also discussed that after completion of this new document it may be prudent to send all members a letter, with a copy of the bylaws.   The revised Homeowners Guide will include the current bylaws, however it will likely not be available until at least January, 2010, and includes many other topics.  Also at the next Board meeting, the Bylaws Committee policy (as per the August 24, 2009 Board minutes on measure 5) may need to be reviewed.  It reads currently;

The Board shall appoint a Bylaws Committee to (1) review the bylaws every 2 years and (2) receive written member complaints of non-compliance with the bylaws.  The committee will attempt to resolve complaints without Board action, except that it may refer the matter to the Board whenever it determines that Board action is necessary, and shall refer the matter no later than 60 days after receipt of the complaint.  Nothing in this provision shall limit the authority of the Board to act earlier pursuant to its authority in the bylaws.

The letter sent SP member Egan was discussed, and it was noted that recent action is being taken by the owner to clean-up the property.

The letter to SP member Mead was discussed, no further communication has been received.

The draft policy (to be prepared by Burr Allegeart) on garage sales is not yet ready for review.

New Business
Dan Bartlett requested that an account be established with ABCO in Astoria for purposes of acquiring two chairs for the Security office.   A motion was submitted by Dave Lukens and seconded by Gheri Fouts to approve this action, the motion was then approved 4-0.

The appropriateness of including a member’s name (after they had spoken in the “Comments from the Membership” portion of a Board meeting) in the minutes was discussed.  There was no consensus reached by the Board on the issue, nor any motion for a policy on the subject. 

Finally, a SP member advised the Board that a law enforcement report had recently been filed by the Sheriff’s office, concerning a dog incident between two SP members on Manion Drive.  She did not have a copy of the report for the Board to look at, but was asked by the Board to forward a copy of the report to John Gates and the S/S committee.

The meeting was adjourned at 6:14 p.m.  The next regular Board meeting is planned for Monday, November 15, 2009, at the meeting house.

Respectfully submitted, October 20, 2009.       Dave Lukens, Secretary

Surf Pines Association Regular Meeting of the Board of Directors
September 21, 2009, Meeting House

Present:  directors Burr Allegaert, Gheri Fouts, Jeff Hall, Dave Lukens, Michael Wilkin: chairpersons Jim Cooper, Steve Dawson, Don Kruger, Bonnie Rogie, Katie Weber; members Kathy Ball, Robert Ball, Lee Casaleggio, Norma Keever, Judi Stewart, Tom Wilcox.  Administrator Dan Bartlett. The meeting was called to order at 4:00 p.m.

The minutes of the regular Board meeting on August 17, 2009, were approved as presented by a vote of 5-0.  The minutes of the special Board meeting (bylaws proposals) on August 24, 2009, were approved by a vote of 5-0 with the following comment by Burr Allegaert: his understanding of the board’s review of the bylaws would be to present to the membership only those proposals endorsed by the Board, which is not what actually resulted at the August 24, 2009 meeting.  Also noted was the incorrect spelling of “Rogie”.

The agenda was unanimously approved with the addition of a topic under “New Business”: “Garage Sale Policy”.

Comments from the Membership
A member voiced concern over children playing in the street near 90023 Manion Drive, as per her e-mail to all Board members on September 21, 2009.  President Wilkin agreed to draft a letter to the parents reminding them of vehicle/bicycle safety on the busiest street in Surf Pines (Manion Drive).  He also asked that the Safety and Security Committee consider adding a “Children At Play” sign to the area.  

A member also advised the committee that a complaint had been filed with the county against another member concerning dog noise and nuisance.

Treasurer’s Report
The treasurer’s report was unanimously approved as presented by Gheri Fouts, Treasurer.  She reported that the total cash in all accounts per the last statements was $138,000.  All Board members signed a new signature card for the SPA safe deposit box located at the Bank of Astoria (Seaside branch).

She also noted that more than $8,000 was due the association per the recent aging summary.  Administrator Dan Bartlett provided information on the upcoming (October 23) Sheriff’s sale on the Walker property which is in foreclosure due to past due taxes.  The SPA attorney advised taking no additional action as the SPA lien is current against that property.

Safety and Security (S/S) Committee’s Report
Jim Cooper, chairperson, reported for the committee.  He had previously submitted the minutes from the committee’s last meeting.  He reported additional information on the “SPEEDCHECK” radar system that the committee is researching, including a demonstration.   The Board was generally supportive of the concept.  Several key points were discussed; timing of a large ($6,000 approximately) purchase relative to the budget, a message in the Breeze to advise members of a demonstration, the device being used for preventing speeding, but not as an enforcement tool.  

Jim also advised the Board that the committee will be developing a policy regarding hunting season violations and injured animals coming into SP.

President Wilkin noted that the September 13^th detour of the Sunset Beach road by the County through Surf Pines streets went smoothly, with no complaints received. 

Roads and Grounds (R/G) Committee’s Report
Don Kruger, chairperson, reported for the committee.  He had previously submitted the minutes from the committee’s last meeting.  Don submitted names of 5 committee members (Al Beck, George Hawes, Don Kruger, Bob McWhirter, Brian Radditz).  Per the committee recommendations, the following actions were taken;

1. A motion was submitted by Dave Lukens, and seconded by Jeff Hall to accept the proposal for software purchase, segmenting/inspections, and reporting on the status of the Surf Pines pavement by Capitol Asset and Pavement Services, Inc., for $5,800.  The motion passed 5-0.
2. A motion was submitted by Dave Lukens, and seconded by Burr Allegaert to proceed with the annual roadside hazard-tree trimming and to remove 20 trees from the SP right-of-way for an amount of $3,600. The trimming will be to clear branches to a height of 14’ and a width of 3’ from the pavement edge.  The trees to be removed are dead/dying as a result of the December 2007 storm, and will be marked prior to removal.   If additional time remains with the contractor to reach the $3,600 authorized spending limit, scotch broom along the road on north Ocean Drive will also be removed.  The motion passed 5-0. 

The bark beetle outbreak affecting some trees in the Surf Pines park will be discussed at the next R/G meeting. 

Community Relations (C/R) Committee’s Report
Bonnie Rogie co-chairperson reported for the committee. She had previously submitted the minutes from the committee’s last meeting.  Several committee members were not happy with the low turnout for the recent Ice Cream social, but no action for next year’s event has yet been proposed.  They are planning now for the October Harvest gathering.

President’s Report
President Michael Wilkin led a discussion on the Board policies for committees:

Comments on the updating the current policy on committee responsibilities;

Comments on the first draft of new policy on committee formation and organization:

Administrator’s Report
Dan Bartlett reported on the status of ongoing business.  He again stated that Ticor Title & Escrow Co. continues to work on the quiet title action to remove the right of way to no-where on the association’s Manion properties.   Dan reported problems being able to contact via telephone SP member Neil Cummings concerning the structure built on association property near Pelican Lane, and he has seen no activity to remove the building.  Dan plans to send a letter to Cummings prior to the next regular Board meeting requesting an update on the building removal plans.  After conferring with attorney Van Thiel , Dan will also have a draft letter prepared for the next Board meeting stating Board action if the structure is not removed by November 1, 2009.
 

Old Business

Special Meeting on Bylaws
A motion was submitted by Dave Lukens and seconded by Jeff Hall to slightly modify the wording on measure 12 (residential use standard) as per recommendation by Jack Faust, motion passed 5-0.

The special meeting mailing-packet will include 3 parts; cover letter, proxy, and ballot.  The ballot will include the full text of the measures.  The proxy will be merged with the ballot to reduce the chance of someone neglecting to complete it.

A tentative timeline was agreed upon;

·        the final edition of the mailing-packet will be available from Dan Bartlett for review by the Board no later than Wednesday September 23,

·        the Breeze (with special meeting information) will be received by most members by October 1-3,

·        the mailing-packet will be mailed to members by October 5,

·        the special meeting will be held on Saturday, October 17. 

Regarding providing address labels of SP members prior to the special meeting;  a motion was submitted by Dave Lukens and seconded by Burr Allegeart, that the Board provide (if requested) address labels only to SP members, and only for mailings relative to the upcoming bylaw special vote meeting, and that administrator Dan Bartlett would manage this process.  This motion passed 5-0.  Additionally, Burr Allegeart agreed that he would draft a policy for the Board to consider regarding future requests for SP address labels.

Paving Complaint Letter
Dan Bartlett was directed by the Board to draft and send a letter to member Mead responding to all 4 of his specific questions per his letter of August 31, 2009.

New Business
The Board directed Dan Bartlett to draft and send a letter to SP member Egan regarding his property at 89914 Ocean Drive, in response to the written complaint by member Dryden.

Burr Allegeart will draft a policy for the Board to consider regarding garage sales.

Jeff Hall provided a draft copy of the upcoming Breeze, his first edition.  The Board noted that there is currently no policy on Board oversight of the Breeze’s content.

The meeting was adjourned at 7:07 p.m.  The next regular Board meeting is planned for Monday, October 19, 2009, at the meeting house.

Respectfully submitted, (updated 10/6/2009, updated 10/20/2009 and approved)
Dave Lukens, Secretary

Surf Pines Association Regular Meeting of the Board of Directors
August 17, 2009, Meeting House

Present:  directors Burr Allegaert, Gheri Fouts, Jeff Hall, Dave Lukens, Michael Wilkin: chairpersons Steve Dawson, Don Kruger; members Lee Casaleggio, Jack Faust, Norma Keever, Patrick Kelley. Absent: committee chairperson Bonnie Rogge.

The meeting was call to order at 4:00 p.m.  The Board noted the new time (previously 4:30 p.m.) and the need to update any posted schedules.  

The minutes of the regular meeting on July 20, 2009, were approved as presented by a vote of 5-0.  The minutes of the special board meeting following the annual member’s meeting on August 8, 2009, were approved by a vote of 5-0.  The minutes of the special board meeting on August 12, 2009 were approved by a vote of 5-0 after amending a typo.

The agenda was unanimously approved with the addition of one subtopic under “President’s Report”: “Sunset Beach detour follow-up”, and another under “New Business”: “Pine Beetles”.

Comments from the Membership
Norma Keever thanked John Gates and Ken Weber for cleaning of the pavement and mowing roadsides prior to the social event (Ice Cream Social) on August 15, 2009.

Treasurer’s Report
The treasurer’s report was unanimously approved as presented by Gheri Fouts, Treasurer.  She reported that the accounts were all in order to begin the new fiscal year and that bank account signature cards were being updated.

Safety and Security (S/S) Committee’s Report
Jeff Hall, Chairperson, reported for the committee.  He submitted the minutes from the committee’s last meeting and noted several significant items from that meeting; the gates operated successfully more than 98% of the time the previous month, a member’s vehicle had been ransacked at about 3:00 a.m. and the crime was reported to the Sheriff’s office.  Member Norma Keever commented on her recent contact with a family camped on the beach.

Roads and Grounds (R/G) Committee’s Report
Don Kruger, co-chairperson, reported for the committee.  The latest committee meeting minutes were submitted and reviewed.  One item discussed that was mistakenly omitted in those minutes were the comments at the R/G meeting by Bob McWhirter on improving the transition between old and new surfaces (such as driveways) when completing future pavement projects using a liquid asphalt sealing emulsion compound.  This issue had been raised in a recent letter from member Mark Mead.  The committee agreed that this treatment should be used to finish the section of Ocean Drive which was re-paved in June, 2009,  when the next paving contract for Ocean Drive was awarded.  A draft reply from the board to Mark Mead was reviewed and will be updated by Dan Bartlett.

In other business the Board discussed the R/G recommendation to accept the low bid for a paving contract on Ocean Drive.  Bids had been requested by August 3, 2009, so that the work could be completed during the current paving season to take advantage of expected lower asphalt prices, maintain the road edges before further damage from the winter weather, and prior to scheduling conflicts with state/county federal stimulus funded projects.  Dan Bartlett reviewed his recent measurements (as requested by Michael Wilkin) of the pavement width on the proposed portion of Ocean Drive, which varied from 16’ 7” to 15’ 10”, and showed “edge-crumbling” in several places.  Also discussed was the pertinent issue raised at the August 8, 2009, annual member’s meeting when then-President Dave Lukens called for a special meeting to vote on confirming road standards.  During that August 8^th meeting a motion to limit expenditures for any  “paving-improvement” project (prior to the road standard vote) had failed by an overwhelming amount.  Director Dave Lukens moved that the board accept the low bid (TFT) and proceed with the planned paving project on Ocean Drive and to amend the contract (if needed) so that liquid asphalt emulsion transition material be included on both the new contract and the recent paving work.  The motion was seconded by director Jeff Hall and approved by a 5-0 vote.  The board also directed Dan Bartlett to draft a letter to residents of Ocean Drive describing the details of the upcoming contract and the reasons for the maintenance.

Finally, the recent roadside mowing using a rented small tractor was discussed.   The tractor had malfunctioned, and was taken back to the vendor prior to completion of the project.   Don Kruger will follow-up on what expenses were incurred, and how best to proceed.

Community Relations (C/R) Committee’s Report
Norma Keever (committee member) reported for the committee.  The recent Ice Cream Social was a success, though slightly fewer members and guests (approximately 32) participated than in 2008.  The committee met during set-up for the event, and had no major issues to report.  They are planning now for the October Harvest gathering.

Bylaws Committee Report
Steve Dawson, chairperson, and Jack Faust, committee member discussed with the board their grouping of 16 proposed bylaw changes into 6 “measures”.  The concept for grouping the bylaw changes had been first developed following a meeting with and a suggestion by the 2008-09 board.  The 2009-10 board now suggested and it was agreed by both Steve and Jack that the concept of “single issue vote” would be better met by not grouping the bylaws.  Jack Faust agreed to “un-group” and re-submit the proposed bylaw to the board as early as Friday, August 21, 2009. 

Committee Chairpersons
The board approved the following appointments as Chairpersons for the 2009-10 year by a 5-0 vote.

All committee chairs were asked to review their charters and submit potential updates if needed, and to submit a current list of committee members to the board.

President’s Report
President Michael Wilkin led a discussion on follow-up needed to successfully implement the Sunset Beach road detour on Sunday September, 13, 2009.  It was agreed by all board members than Dan Bartlett would be the primary point-of-contact for planning of the detour with Clatsop County and John Gates.  Among his responsibilities will be to coordinate the appropriate message for use with the reverse 911 phone contacts, and signing within Surf Pines prior to the detour.

Administrator’s Report
Dan Bartlett reported on the status of ongoing business.  He again stated that Ticor Title & Escrow Co. continues to work on the quiet title action to remove the right of way to no-where on the association’s Manion properties.   Dan will contact member Cummings concerning the structure built on association property if no removal action is visible prior to September 1, 2009.  On the subject of accounts receivable, he reported that full payment had been recently received on the Harmon property lien, from Wells Fargo bank. 

Special Members Meeting
At the August 8, 2009, annual member’s meeting then-President Dave Lukens called for a special members meeting to vote on two significant issues; road standards and proposed bylaw changes.  The current President Michael Wilkin reaffirmed this decision, also called for a special meeting on these two issues, and agreed that he will continue this process.

The board reviewed two documents; a draft cover letter-proxy-ballot-bylaw measure summary (prepared by Dan Bartlett and Dave Lukens), and a current/proposed bylaw summary (prepared by Burr Allegaert).

The board agreed that the two issues (road standards and bylaws) could perhaps be included at the same special meeting to minimize cost. In a related detail it was agreed that the proposed proxy format would need to be modified to minimize potential for voting by the Secretary “as the Board wishes” and instead emphasize voting “as directed per enclosed ballot”.   Following are key discussion points of the two special meeting issues;

Road Standards
Dave Lukens advised that the final ballot wording for the current road standards needs to be confirmed with Bob McWhirter, the other board members concurred.  Don Kruger was concerned that the current proposed language did not adequately describe the reasons (long term cost savings by protecting the pavement edges and safety) the 2008-09 board approved the current standards.

The timing for a vote on the road issue was discussed by the board.  It was agreed that Don Kruger would request from the paving management plan contractor a two-phase deliverable; 1) a survey of the current road status and safety issues, 2) a proposed paving plan.  The board could then include the discussion of the of the current road status to the membership as background material for the vote.  However, waiting for this information would delay scheduling the meeting since the paving management plan contract has not yet been awarded.  It was mentioned that likely the contractor would propose current State/County road standards for new construction, which are already available.

Also discussed by Jeff Hall and Steve Dawson was the difficulty in managing a meeting where 16 different bylaws could be debated in a timely and effective manner.  Also of concern was finding an appropriate meeting location for such a gathering.

Bylaws
Steve Dawson was concerned that the current proposed proxy-ballot document package did not adequately describe why the bylaw changes were proposed, who recommended them, etc.  The Bylaws Committee has prepared a document that could be inserted with this information and will provide it to the board.

Don Kruger raised the issue that any bylaw changes or additions have historically been proposed by the board, not by an ad-hoc group directly to the membership.  Therefore any bylaws now proposed would have the board’s tacit approval if submitted for a membership vote.  He also strongly felt that the board needed to review all proposed bylaws, and only propose for a vote those that they recommended for approval.  He also compared the Surf Pine’s committee process, whereby recommendations always went before the board (elected by the membership to provide leadership) for a final decision.  

Dave Lukens reminded the board of the unique nature of the bylaws committee (compared to the other standing committees), and that it was organized following a motion from the membership, to report to the membership and not the board.  He and Gheri Fouts also discussed the two work sessions during the previous 10 months between the board and the bylaws committee, and that the previous board had maintained a neutral stance toward their proposals since it was a committee formed at the request of the membership, not the board.

After considering the two differing points of view, a motion was submitted by Burr Allegaert and seconded by Jeff Hall, that the board review the 16 bylaws to decide which would receive board recommendation prior to submitting to the membership for a vote.  The motion passed 3-2, with Fouts and Lukens opposing.  President Michael Wilkin then called for a special board meeting to further discuss the proposed bylaws at Monday August 24, 2009, at 4:30 p.m., at the meeting house.  He asked each of the board to review the 16 bylaws prior to the meeting.

Special Members Meeting Timeline
Dan Bartett submitted a tentative timeline for use when planning a special meeting.

New Business
The outbreak of a beetle (mountain pine or turpentine) that is hitting the shore pine trees was briefly discussed.  It was agreed by the board and Don Kruger, R/G chairperson, that Dave Lukens would contact an arborist to look at the park to determine the insect, and if/how the outbreak could be successfully contained.  It was also agreed that the next edition of the Breeze should contain an article on the epidemic.

The meeting was adjourned at 6:58 p.m.  The next regular meeting is planned for Monday, September 21, 2009, at the meeting house.

Respectfully submitted, Dave Lukens, Secretary

Surf Pines Association Annual Meeting
August 8, 2009, Astoria Golf and Country Club

The Annual Meeting of the members of the Surf Pines Association was called to order at 9:00 a.m. by Dave Lukens, President, with approximately 70 members present in person and 35 more members present by proxy.

After the call to order, Dave introduced himself and the other members of the Board of Directors:  Michael Wilkin, Vice President; Patrick Kelley, Secretary; Bob McWhirter, Treasurer; and Gheri Fouts, Director and Assistant Treasurer. Dave also introduced Dan Bartlett, Administrator.

Dave invited new members of the association who were present to introduce themselves. 
The minutes of the Annual Meeting on August 2, 2008, at the Astoria Golf and Country Club were approved as presented.
Then members considered this agenda:

President’s and Committees’ Reports
The president and committee chairpersons reported on their work from August 2008 to August 2009.

President’s Report
Dave Lukens, President, prefaced his “President’s Report” with thanks. He thanked the past president, Don Kruger, for advising him during the year. He thanked John Gates, the security/maintenance manager, and John’s wife, Carol, for working to make Surf Pines a safe place to live. And he thanked Dan Bartlett, the administrator, for managing the association.

Dave highlighted three of the association’s significant accomplishments during the past year:

Remarking that there were no major storms during 2008-2009—at least none that concerned the weather—Dave addressed the two major controversies of the year. The first controversy, he explained, was the attempted recall of a director, an effort that expended much of the board’s time and the association’s energy. The second controversy, he explained, is a continuing lack of consensus about standards for road maintenance and improvement for Manion Drive and Ocean Drive. He explained, at length, that the board was unable to achieve consensus on these standards; that the lack of consensus has the potential to produce continuing controversy among the membership; and that, in the same way that a vote by the membership on the recall ended the first controversy, a vote by the membership on the standards will end the second controversy. He then called a special meeting for autumn for the membership to vote on the standards for road maintenance and improvement for Manion Drive and Ocean Drive.

Concluding, Dave thanked the other members of the board for their work during the year. He offered special thanks to Patrick Kelley and Bob McWhirter, directors whose terms were expiring, stating that they and their respective areas of expertise, writing/editing and engineering, will be missed by the association. Finally, emphasizing that much of the work of the association is done by committees, Dave thanked the chairpersons and the committee members for all of their work during the year.    

Roads and Grounds Committee’s Report
Don Kruger, Chairperson of the Roads and Grounds Committee, explained that the charge of the committee includes the maintenance and improvement of the roads and common grounds in Surf Pines. He introduced and thanked the other members of the committee:  Burr Allegaert, Al Beck, Lee Casaleggio, Jeff Hall, George Hawes, and Ken Weber, plus Dan Bartlett in his capacity as the administrator and John Gates in his capacity as the security/maintenance manager. Then Don reported on some of the activities of the committee from August 2008 to August 2009:

Concluding, Don invited interested members to join the committee as it reconstitutes itself for the upcoming year.

Safety and Security Committee’s Report
Jeff Hall, Chairperson of the Safety and Security Committee, explained that the charge of the committee includes the safety and security of residents and property in Surf Pines. He introduced and thanked the other members of the committee:  Burr Allegaert, Lee Casaleggio, Jim Cooper, Gene Keever, Don Kruger, Judi Stewart, and Tom Wilcox, plus Dan Bartlett in his capacity as the administrator and John Gates in his capacity as the security/maintenance manager. Jeff noted the special contribution that each member makes to the committee. And he thanked Tom Hatch, not a member of the committee but a member of the association, for his contribution to the reliability of the gates. Then Jeff reported on some of the activities of the committee from August 2008 to August 2009:

Concluding, Jeff invited interested members to join the committee as it reconstitutes itself for the upcoming year.

Community Relations Committee’s Report
Bonnie Rogie, Co-chairperson of the Community Relations Committee, explained that the charge of the committee includes the promotion of positive community relations in Surf Pines. She introduced and thanked the other members of the committee:  Colleen Casaleggio, Lee Casaleggio, Lucia Fleming, Bonny Groshong, Norma Keever, Valerie Krohn, Shirley Powers, Debbie Wall Proyect, Robin Rhodes, Tracy Sherrell, and Katie Weber, the other co-chairperson. Then Bonnie reported on some of the activities of the committee from August 2008 to August 2009:

Concluding, Bonnie invited interested members to join the committee as it reconstitutes itself for the upcoming year.

Explanation of Voting Procedures
Patrick Kelley, Secretary, explained the procedures for voting for directors and on the proposed annual budget, the proposed amendment of a boundary, and any other business.

Election of Directors
Patrick Kelley, Secretary, stated that two members of the Board of Directors were to be elected to replace Bob McWhirter, Director, and himself because their terms were expiring.  In his capacity as the chairperson of the Nominating Committee, Patrick introduced the other members of the committee, Bob McWhirter and Katie Weber. Then he reported that the committee nominated five candidates for the two open positions on the board: Burr Allegaert, Robert Ball, Jeffrey Hall, Norma Keever, and Clarke Powers.

Acting as a proxy for member Kelly Stearns, non-member John Wallpe stated that he and Kelly did not have enough information about the candidates to vote because the candidates’ statements that were published in the July issue of the Breeze and the “Annual Meeting Notice” focused on the candidates’ past experience and education instead of on their positions regarding current and future issues involving the association. John read a lengthy statement that included issues that he wanted the candidates to address, either in writing before the meeting or orally during the meeting. Patrick stated that the Breeze and the “Annual Meeting Notice” included the candidates’ mailing addresses, e-mail addresses, and telephone numbers so that members who wanted more information from the candidates could contact them. But agreeing that asking candidates to address current issues involving the association has merit, Patrick asked John to send him a copy of the statement for consideration in the future.

Patrick invited additional nominations from the floor.  With no candidate nominated from the floor, the membership voted as follows: 

Burr Allegaert               38
Robert Ball                   21
Jeffrey Hall                 49
Norma Keever               37
Clarke Powers               22

Jeffrey Hall and Burr Allegaert were elected to fill the two open positions on the board.

Treasurer’s Report
Gheri Fouts, Director and Assistant Treasurer, presented the treasurer’s report for Bob McWhirter, Treasurer. Gheri reviewed the balance sheet as of June 30, 2009, the end of fiscal year 2008-2009. She reported that the association completed the fiscal year essentially on budget and that the increase in dues from $100 to $135 per quarter that the membership approved at the Annual Meeting of 2008 was sufficient to fund normal operations of the association. The report was approved as presented. 

Consideration of Proposed Annual Budget for 2009-2010
In his capacities as the president and as a member of the Budget Committee, Dave Lukens led consideration of the proposed annual budget for fiscal year 2009-2010. He introduced and thanked the other members of the committee: Bob McWhirter, the chairperson; Wayne Fleming; Gheri Fouts; Norma Keever; and Bill Wade. Then Dave presented the annual budget for fiscal year 2009-2010, as prepared by the committee and recommended by the board for the approval of the membership.

Commenting on the proposed budget, Dave stated that the committee prepared a budget for fiscal year 2009-2010 that provides the current level of services and fully funds the dedicated funds for the roads and the gates without increasing dues. He explained that the amount budgeted for “Road Major Repair,” $73,760, the largest line item, is more than in past budgets so that some repaving work that was deferred in past fiscal years can be completed this fiscal year.

In light of Dave’s calling a special meeting in autumn for members to vote on standards for road maintenance and improvement for Manion Drive and Ocean Drive, discussion focused on whether any money budgeted for “Road Major Repair” should be spent before the vote at the special meeting. Stan Muir, member, moved that money for road improvements (though not money for maintenance) should be set aside until after the vote at the special meeting; David Forbush, member, seconded the motion; but the motion failed by a vote of 10 to 45. 

Milt Stewart, member, then moved approval of the annual budget as proposed; Judi Stewart, member, seconded the motion; and the membership approved it by a vote of 79 to 2.

Consideration of Proposed Amendment of a Boundary
Dan Bartlett, Administrator, led consideration of a proposed amendment of a boundary to add the property of Miles and Sandra Sweeney to the Surf Pines Association. Dan presented the legal description of the property and a map of Surf Pines that showed the location of the property north of the intersection of Ocean Drive and Malarkey. He noted that the Sweeneys requested the addition of their property to Surf Pines and membership in the association. With little or no discussion, members moved approval of the proposed amendment of a boundary, seconded the motion, and approved it by a vote of 72 to 4.

Bylaws Committee’s Report
Reminding members that the ad hoc Bylaws Committee originated from a lively discussion of protecting property values in Surf Pines during the Annual Meeting of 2008, Steve Dawson, Chairperson, explained that the charge of the committee was to review the bylaws and report to the membership during the Annual Meeting of 2009. Steve introduced and thanked the other members of the committee:  Robert Ball, Jack Faust, Art Limbird, Clarke Powers, and Marilou Sayer. Then he reported that, after a thorough review of the bylaws, the committee is proposing six general measures to amend the bylaws with the amendments focused primarily on protecting property values:

Steve concluded by stating that members will receive soon the text of the specific amendments within the six general measures.

Discussion focused on whether lawyers were consulted about the enforceability of the proposed amendments. Dan Bartlett, Administrator, stated that, in the opinion of counsel Dan Van Thiel, the amendments are enforceable. Bill McLoughlin, member, and John Wallpe, proxy for member Kelly Stearns, argued that the amendments might not be enforceable without covenants, conditions, and restrictions (CC&Rs) and without grandfathering. Milt Stewart, member, argued that the amendments are enforceable. John, noting that lawyers like Milt and himself apparently can disagree on the matter, suggested that the association request a second opinion on enforceability, preferably from a lawyer who specializes in law that is applicable to homeowners’ associations, to minimize the risk of expensive litigation.

In other discussion, Burr Allegaert, member, established that the committee’s reference to “complaints” from members regarding other members’ noncompliance with the bylaws refers not to oral complaints but to signed written complaints.

Dave Lukens, in his capacity as the president, called a special meeting, which is to be scheduled for autumn, for members to vote on the committee’s proposed amendments to the bylaws.

Other Business
In other business, Tom Wilcox, member, citing the effects of inflation over the years on Section 9.3, “Emergency Assessment,” in the bylaws, moved to amend that bylaw to increase the amount that the board may assess in an emergency from $100 to $250 per year per property. However, Tom withdrew the motion when Neva Campbell, member, noted that, per Section 11.1, “Amendments,” amending a bylaw requires “notice specifying such purpose provided not less than 10 days in advance.”

The meeting was adjourned at 11:20 p.m. 
Respectfully submitted, Patrick Kelley, Secretary

Surf Pines Association Regular Meeting of the Board of Directors
July 20, 2009, Meeting House

Present: directors Gheri Fouts, Patrick Kelley, Dave Lukens, Bob McWhirter, Michael Wilkin; committee chairpersons Steve Dawson, Jeff Hall, Bonnie Rogie, Katie Weber, Ken Weber; members Burr Allegaert, Bob Ball, Kathy Ball, William Dougherty, Jan Fouts, Norma Keever, Mark Mead; administrator Dan Bartlett. Absent: committee chairperson Don Kruger

The meeting was called to order at 4:30 p.m. The minutes of the regular meeting on June 15, 2009, at the meeting house were approved as presented by a vote of 4-0-1 with Michael Wilkin, Vice President, abstaining because, as he explained, he was absent from that meeting. The agenda was unanimously approved with the addition of one subtopic under “President’s Report”: “Planning for Annual Meeting.” Additionally, an executive session was scheduled for immediately after the regular meeting. 

The board then considered these items:

Comments from the Membership
Speaking for Norma Keever, member, who had not yet arrived at the meeting, Katie Weber, member, stated that Norma thanked the Roads and Grounds Committee for the repaving work in front of her home at the far south end of Ocean Drive, though she complained about the height of the pavement relative to the height of the shoulder. 

Kathy and Bob Ball, members, noted the danger of children at play on Big Wheels on the road near the Sweet home, 90009 Manion Drive.

Finally, the board reviewed written comments from Neva Campbell, member, that are intended to improve the Annual Meetings:

Planning the Annual Meeting for 2009, the board noted Neva’s timely comments.  

Treasurer’s Report
The treasurer’s report was unanimously approved as presented by Bob McWhirter, Treasurer. He reported that the association completed the fiscal year essentially on budget and that the increase in dues was sufficient to fund normal operations of the association.

Safety and Security Committee’s Report
Jeff Hall, Chairperson of the Safety and Security Committee, reported for the committee. With Dan Bartlett, Administrator, Jeff reported that the county sheriff, Tom Bergin, has discontinued his department’s support for the association’s effort to enforce the speed limit on the private roads of Surf Pines. Support that the sheriff has discontinued, Dan and Jeff explained, includes permitting the association to borrow the department’s speed trailer and, more significantly, permitting it to hire an off-duty deputy to monitor speed with radar. The sheriff, Dan stated, suggested that Surf Pines consider enforcement itself through the model presented by Black Butte. Discussion focused on following the Black Butte and Sun River models, employing private security, and using surveillance technology. The committee, Jeff stated, will continue this discussion.

In other business, Patrick Kelley, Secretary, asked Jeff if the committee will continue its discussion of the break-ins on May 8, 2009, to recommend methods for notifying members of comparable incidents in the future and methods for preventing them. Patrick noted that the break-ins were a major topic of discussion for the committee in June 2009, according to the minutes of its meeting, but absent from the minutes of its meeting in July 2009. Jeff assured Patrick that discussion of the break-ins will continue.  

Ongoing work by the Safety and Security Committee currently includes:

Roads and Grounds Committee’s Report
Ken Weber, Co-chairperson of the Roads and Grounds Committee, reported for the committee. Ken reported completion of the paving projects for fiscal year 2008-2009, including segments of approximately 1,600 feet and 300 feet on Ocean Drive from High Surf north toward Horizon, plus another segment of approximately 350 feet at the far south end of Ocean Drive. He reported that a call for bids is ready to mail for a paving project for fiscal year 2009-2010, including another segment of approximately 1,400 feet on Ocean Drive beginning just north of Horizon, continuing south, and ending where the previous paving projects from High Surf north ended. He added that, per this contract, material that is excavated for new shoulders is to be placed on the association’s Manion properties as fill, not diverted to private property.

In other business, Ken reported that Youngs River Tree Service was hired to chip and haul out of Surf Pines debris from clearing Scotch broom instead of burning it. He also reported that the committee might recommend hiring a contractor to mow the roadsides, the beach paths, and the park because John Gates, the security/maintenance manager, is overloaded with work.  

Ongoing work by the Roads and Grounds Committee currently includes:   

Community Relations Committee’s Report
Bonnie Rogie and Katie Weber, Co-chairpersons of the Community Relations Committee, reported for the committee. They reported that 16 members participated in the Annual Surf Pines Garage Sale on July 4, 2009, and that approximately 75 members and guests participated in the Annual Surf Pines Picnic on July 5, 2009. Bonnie and Katie stated that the committee is focused now on managing the social events for the second half of the calendar year, particularly the upcoming ice-cream social on August 15, 2009, from 2:00 to 4:00 p.m. at the Groshong home, 89012 Ocean Drive. They also stated that the committee is focused on managing the community outreach project to benefit the county food bank.

Ongoing work by the Community Relations Committee currently includes:

Bylaws Committee’s Report
Steve Dawson, Chairperson of the ad hoc Bylaws Committee, reported for the committee. Steve reminded all that the charge of the committee is to “review the bylaws and report to the membership at the next Annual Meeting.” With Dave Lukens, President, Steve reported that, after reviewing the bylaws, the committee approved six proposed ballot measures to amend the bylaws; that he sent the measures to Dave; that Dave forwarded the measures to Dan Bartlett, Administrator, to send to counsel Dan Van Thiel; and that counsel approved the measures for submission to the membership for their consideration and a vote.

Steve and the board discussed the procedure for submitting the six proposed ballot measures to the membership for a vote, agreeing that Steve will report on the measures to the membership at the Annual Meeting on August 8, 2009; that he will move to submit the measures to the membership for a mail vote; and that the president will call a special meeting in late summer or early autumn to validate the ballots and count the votes, following the model established by the special meeting for the vote-by-mail recall election in March 2009.

Budget Committee’s Report
Reviewing the proposed budget for fiscal year 2009-2010 that was approved in draft form at the previous meeting, the board revised one line item. Michael Wilkin, Vice President, moved that the proposed amount budgeted for the line item “Trees” under “Roads and Grounds” be increased from $8,000 to $12,000; Bob McWhirter, Treasurer, seconded the motion; and the board approved it by a vote of 5-0. 

President’s Report
Dave Lukens, President, led the board in planning for the Annual Meeting. Working from a draft agenda, they assigned the remaining open items as follows:
“Call to Order,” Dave
“Approval of Minutes,” Dave
“Explanation of Voting Procedures,” Patrick Kelley, Secretary
"Election of Directors,” Patrick
“Treasurer’s Report” with balance sheet, Bob McWhirter, Treasurer
“Consideration of Proposed Annual Budget,” Dave
“Consideration of Proposed Boundary Amendment,” Dan Bartlett, Administrator
“Report of Bylaws Committee,” Steve Dawson, Chairperson
“Other Business,” Dave
“Adjournment,” Dave
In other business, Dave distributed Dan’s updated version of “Surf Pines Association Policies,” current as of July 2009. Dave noted that the document includes the new “Board of Directors’ Process” for “action without a meeting.”

Administrator’s Report
Dan Bartlett, Administrator, reported on the status of ongoing business. He stated that Ticor Title Insurance & Escrow Co. is continuing work on a quiet title action to remove the right of way to nowhere in the middle of the association’s Manion properties. He distributed copies of his letter to new members Duncan and Catherine T. Wallace granting them access to the roads of Surf Pines to build a new home at 33276 Primrose Lane upon payment of the development fee and the road-impact fee. And he read a draft of a letter that he and Dave Lukens, President, are writing to members Ed and Mary Ann Kerber explaining that the Surf Pines Association is not responsible for the maintenance of Neacoxie Lane because that road does not meet the conditions of the “Road Transfers” policy but that the Neacoxie homeowners’ association is responsible for its maintenance.

On the subject of accounts receivable, Dan stated that the association recently received from members Steven and Donna McClure the full amount that they owed on their account. Noting that a sale is pending on the home of Jason and Ashley Kraushaar, Patrick Kelley, Secretary, asked Dan if the association’s lien on that property is for the full amount that the Kraushaars currently owe to the association, more than $1,400. Dan stated that he will review the amount of the lien so that the association receives at closing the full amount that the Kraushaars owe. 

Old Business
Old business included consideration of a suggested amendment of Article VII of the “Articles of Incorporation” to increase the number of directors from five to seven. Michael Wilkin, Vice President, stated that, because neither the other members of the board nor the Nominating Committee demonstrated enthusiasm for the suggested amendment during previous discussions, he withdrew the suggestion.  

New Business
New business included a request from John Gates, the security/maintenance manager, for the purchase of a landscaper’s trailer for approximately $1,200 to facilitate his maintenance work. Ken Weber, in his capacity as the co-chairperson of the Roads and Grounds Committee, stated that he supported the request. Patrick Kelley, Secretary, asked where the trailer would be stored. Dan Bartlett, Administrator, stated that it would be stored in the garage of the meeting house. Bob McWhirter, Treasurer, moved that the board authorize the purchase of a trailer; Gheri Fouts, Director and Assistant Treasurer, seconded the motion; and the board approved it by a vote of 5-0.

The meeting was adjourned at 6:20 p.m. The next regular meeting will be scheduled by the board when it meets at a special meeting after the Annual Meeting.

Respectfully submitted, Patrick Kelley, Secretary

Present: directors Gheri Fouts, Patrick Kelley, Dave Lukens, Bob McWhirter; committee chairpersons Jeff Hall, Don Kruger, Bonnie Rogie, Katie Weber, Ken Weber; members Burr Allegaert, Bob Ball, Kathy Ball, Norma Keever; Tom Wilcox; administrator Dan Bartlett; security/maintenance manager John Gates; Absent: director Michael Wilkin (with the consent of the board); committee chairperson Steve Dawson

The meeting was called to order at 4:30 p.m. The minutes of the regular meeting on May 18, 2009, at the meeting house were approved as presented. The agenda was approved with the addition of one subtopic under “Administrator’s Report”:  “Sears Commercial One Credit Card.” 

The board then considered these items:

Comments from the Membership
Bob Ball, member, noted the possibility of more traffic than usual on east Surf Pines Lane on the weekend of June 20-21, 2009, because of a polo clinic.  

Tom Wilcox, member, questioned the board’s strict adherence to the policy of not involving the association in partisan issues. Dave Lukens, President, and Dan Bartlett, Administrator, explained that counsel Dan Van Thiel advised that anything other than strict adherence to this policy risks the association’s status as a nonprofit corporation under the laws of the State of Oregon. Tom stated that he accepted the explanation.

Ken Weber, member, suggested burning on the association’s Manion properties Scotch broom cleared from other areas of Surf Pines. A brief discussion focused on the association’s policy that brush resulting from clearing land is to be disposed of in a manner other than by the use of fire; the precedent that the association disposed of debris from the wind storm of December 2-3, 2009, not by burning it, but by trucking it out of Surf Pines; and the fact that burning debris historically generates complaints, some of them health-related, from members.

Finally, Norma Keever, member, announced that member Rick Charlton is ill.

Treasurer’s Report
The treasurer’s report was approved as presented by Bob McWhirter, Treasurer. He reported that the association is essentially on budget for the fiscal year.

Safety and Security Committee’s Report
Jeff Hall, Chairperson of the Safety and Security Committee, reported for the committee. He stated that the gates continue to operate with a high degree of reliability and little or no unintended down time.

Responding to the memberships’ concern about three break-ins on the night of Friday, May 8, 2009, Jeff stated that the committee discussed methods for notifying members of comparable incidents, including posting a notice on the message boards at the gates, upgrading the web site to include a security-alert button, using a telephone tree, and using the county’s reverse 9-1-1 system. He also stated that the committee discussed methods for preventing comparable incidents, including emphasizing the Neighborhood Watch program, publishing tips in the Breeze about home security, and installing surveillance cameras at the gates. Discussion, Jeff concluded, will continue. 

Ongoing work by the Safety and Security Committee currently includes:

Roads and Grounds Committee’s Report
Don Kruger, Chairperson of the Roads and Grounds Committee, reported that the committee recommended reconsideration of the first alternative paving project, repaving work on an additional 300 feet north on Ocean Drive beyond the base project, and the second alternative paving project, repaving work on 350 feet of road at the far end of south Ocean Drive—projects that the board did not approve at the previous meeting. Discussion focused on using money from the dedicated funds, taking advantage of the relatively low cost of paving during a period of relatively low prices for oil, and taking advantage of competitive bids during a severe recession. After discussion, Bob McWhirter, Treasurer, moved approval of the committee’s recommendation; Dave Lukens, President, seconded the motion (!); and the board approved it by a vote of 3-1 with Michael Wilkin, Vice President, absent. Patrick Kelley, Secretary, voted “No,” explaining that he opposed funding the alternative projects at this time because their cost, more than $14,000, when added to the more than $47,000 that the committee already has spent during fiscal year 2008-2009, will break the $50,000 budget for “Road Major Repair” that the membership approved at the Annual Meeting.

Don also recommended beginning the bid process for fiscal year 2009-2010 to repave Ocean Drive from the terminal point of the current contract north toward Horizon. Discussion focused on following the current “Pavement Management Plan,” taking advantage of the relatively low cost of paving during a period of relatively low prices for oil, and taking advantage of competitive bids during a severe recession. After discussion, Bob moved approval of the committee’s recommendation; Gheri Fouts, Director, seconded the motion; and the board approved it by a vote of 4-0 with Michael absent.

Finally, Don recommended beginning a search for a contractor to provide a new “Pavement Management Plan.” With little discussion, Bob moved approval of the committee’s recommendation, Patrick seconded the motion, and the board approved it by a vote of 4-0 with Michael absent.

Ongoing work by the Roads and Grounds Committee currently includes:

Community Relations Committee’s Report
Bonnie Rogie, Chairperson of the Community Relations Committee, reported for the committee. She stated that the committee is focused on managing the Annual Surf Pines Garage Sale on July 4, 2009, and the Annual Surf Pines Picnic on July 5, 2009.

Noting that John Gates, the security/maintenance manager, suggested adding to the Directory a column for emergency telephone numbers for members, Bonnie stated that the committee is considering the suggestion. 

Ongoing work by the Community Relations Committee currently includes:

Bylaws Committee’s Report
In the absence of Steve Dawson, the chairperson of the ad hoc Bylaws Committee, there was no oral report from the committee. However, Dave Lukens, President, read an e-mail message from Steve in which Steve stated that the committee is scheduled to meet on June 19, 2009, to vote on six proposed amendments and that, if the committee approves the amendments, then committee member Jack Faust will prepare documentation to send to the board during the week of June 22, 2009.

Nominating Committee’s Report
Reporting for the Nominating Committee, Patrick Kelley, Secretary, stated that the committee obtained commitments from five well-qualified candidates to stand for election to fill the two positions on the board that will be vacant in August. He moved approval of this slate of candidates:

Bob McWhirter, Treasurer, seconded the motion. And the board approved the slate for submission to the membership at the Annual Meeting by a vote of 4-0 with Michael Wilkin, Vice President, absent. Patrick noted that the information that the candidates provided about themselves in a standard format and at a set length will be published in the July issue of the Breeze and the “Notice of the Annual Meeting.”  

Budget Committee’s Report
Reporting for the Budget Committee, Bob McWhirter, Treasurer, stated that the committee prepared a budget for fiscal year 2009-2010 that provides the current level of services and fully funds the dedicated funds for the roads and the gates without increasing dues. He moved approval of the budget. Gheri Fouts, Director and Assistant Treasurer, seconded the motion. And the board approved the budget for submission to the membership at the Annual Meeting by a vote of 4-0 with Michael Wilkin, Vice President, absent. Patrick Kelley, Secretary, reminded that members request that the “Notice of Annual Meeting” include not only the proposed budget, but also a current balance sheet.

President’s Report
Dave Lukens, President, reported the removal of a log pile along Neacoxie Lane that presented safety and liability issues and violated the CC&Rs for Neacoxie Estates. Dave stated that the log pile was removed after several complaints about it were received from members and two letters were sent to the property owner, member Steve Olstedt of Olstedt Construction. Dave noted that, during research on the case, Dan Bartlett, Administrator, discovered CC&Rs for Neacoxie Estates that enable members of the  Neacoxie Estates Homeowners’ Association, if it were active, to solve problems like this one themselves.

Administrator’s Report
Dan Bartlett, Administrator, reported on the status of ongoing business. He stated that Ticor Title Insurance & Escrow Co. is continuing work on a quiet title action to remove the right of way to nowhere in the middle of the association’s Manion properties. He stated that he sent a letter to member Neal Cummings to formalize Neal’s agreement with the board to remove the shed that encroaches on the association’s property on the south side of Pelican Lane by November 1, 2009. On the subject of accounts receivable, Dan stated that liens are in process in the cases of Raymond and Kathleen Arndt, Jane Horman, and Steven and Donna McClure. The cases of Jason and Ashley Kraushaar, Gloria Swire, and Teresa Walker, he added, are referred to counsel Dan Van Thiel.

In old business for the administrator, Dan responded to a generous offer from Bonnie Rogie, the chairperson of the Community Relations Committee, to hand-stamp information on the association’s mailing envelopes instead of printing it. He presented data indicating that hand-stamping instead of printing probably would not save enough money to justify the inconvenience.

In new business for the administrator, Dan stated that John Gates, the security/maintenance manager, requested a Sears Commercial One Credit Card. Discussion focused on opening an account at Sears, instead, perhaps with the assistance of member Jim Montgomery, a manager at the store.  

Old Business
Old business included consideration of options for the “Storm Recovery” fund, a contract for work on stumps and trees, and a suggested amendment of Article VII of the “Articles of Incorporation.”

Options for the “Storm Recovery” Fund
Following up on discussion at the previous meeting, Dave Lukens, President, presented a list of options for use of an estimated $8,977 in unspent “Storm Recovery” money:

After a brief discussion that focused on the fact that the money in the fund was to be spent only on storm recovery, Bob McWhirter, Treasurer, moved to select the first option; Patrick Kelley, Secretary, seconded the motion; and the board approved it by a vote of 4-0 with Michael Wilkin, Vice President, absent.  

Contract for Work on Stumps and Trees
Dave reported on action without a meeting regarding a contract for work on stumps and trees. He noted that, at the previous meeting on May 18, 2009, the board unanimously approved requesting bids for grinding to ground level 24 stumps in the right-of-way along Surf Pines Lane, Ocean Drive, and Manion Drive, work estimated at $1,200. He also noted that, at the previous meeting, the board unanimously approved contracting with Arbor Care Tree Specialists to remove 5 dead trees and prune 4 damaged trees in the right-of-way near the intersection of Manion Drive and Malarkey and at the driveway to 89944 Manion Drive, work estimated at $2,000. Then he reported that, on May 23, 2009, a few days after the previous meeting, he received an offer from Arbor Care to do both jobs for a total of $2,400, thereby saving the association an estimated $800; that he called an online meeting on May 26 to suggest contracting with Arbor Care to do both jobs; and that four members of the board (Dave, Patrick, Michael, and Gheri Fouts, Director) approved online and no member expressed disapproval. Dave concluded by reporting that Arbor Care completed both jobs.

Suggested Amendment of Article VII of the “Articles of Incorporation”
In Michael’s absence, the other members of the board deferred until the next meeting further discussion of his suggested amendment of Article VII of the “Articles of Incorporation” to increase the number of directors from five to seven. However, Bob, in his capacity as a member of the Nominating Committee, summarized that committee’s current position regarding the suggestion:  unless there are significant advantages to having seven members on the board and until there is a marked increase in the number of qualified members who are willing to stand for election and serve on the board, the committee is reluctant to support the suggestion. The other members of the board asked Bob to send his summary to Michael and asked Michael to summarize the advantages of a seven-member board at the next meeting.

New Business (There was no new business.)

 The meeting was adjourned at 6:40 p.m. The next regular meeting is scheduled for July 20, 2009, at 4:30 p.m. at the meeting house.

Respectfully submitted, Patrick Kelley, Secretary

Surf Pines Association Regular Meeting of the Board of Directors
May 18, 2009, Meeting House

Present: directors Gheri Fouts, Patrick Kelley, Dave Lukens, Bob McWhirter, Michael Wilkin; committee chairpersons Steve Dawson, Jeff Hall, Bonnie Rogie, Katie Weber, Ken Weber; members Burr Allegaert, Bob Ball, Kathy Ball, Norma Keever, Lisa O’Grady; administrator Dan Bartlett; security/maintenance manager John Gates
Absent: committee chairperson Don Kruger 

The meeting was called to order at 4:30 p.m.
The minutes of the regular meeting on April 20, 2009, at the meeting house were unanimously approved with one correction:  under the section headed “President’s Report,” in the subsection headed “Appointment of Budget Committee,” Bonnie Rogie presented a budget request for the Community Relations Committee, but she did not serve as a member of the Budget Committee.

The agenda was unanimously approved with the addition of one subtopic under “Old Business”:  “Suggested Amendment of Article VII of the ‘Articles of Incorporation.’”

The board then considered these items:

Comments from the Membership
Norma Keever, member, commented on overnight camping on the beach near her home on the weekend of May 9-10, 2009. Dan Bartlett, Administrator, stated that he forwarded her e-mail message on the subject to Tom Bergin, Sheriff, and that both the sheriff and the chief deputy, Paul Williams, replied that they will watch for overnight camping on the beach and take action when they see it. Noting that he might have forwarded their replies to member Gene Keever’s e-mail address instead of to Norma’s address, Dan stated that he will resend the replies to Norma.

Katie Weber, the co-chairperson of the Community Relations Committee, reported a complaint from member Vicky Iverson about construction noise near her home. Katie suggested a recurring item in the Breeze that encourages neighbors to inform neighbors before beginning noisy construction projects. Patrick Kelley, in his capacity as editor of the Breeze, agreed to include an item.

Bob Ball, member, commented on the irony of real-estate ads for open houses that tout Surf Pines as a gated community, but include printed special gate codes that open the community during the hours of the open houses to everyone who reads the ads. He suggested further review of the practice. 

Patrick Kelley, Secretary, reported a suggestion from resident Terry Andrews for notifying members of a security incident, such as a break-in. Patrick stated that Terry suggested posting a sign on the message boards—“Security Alert: see web site for more info”—and then posting details at surfpines.org. Jeff Hall, Chairperson of the Safety and Security Committee, agreed to take the suggestion to the committee for its consideration. Similarly, immediately after the meeting, member Lisa O’Grady suggested notifying members of a security incident via an e-mail message.

Treasurer’s Report
The treasurer’s report was unanimously approved as presented by Bob McWhirter, Treasurer. Bob reported that the association is essentially on budget for the fiscal year. He noted that, with the increase in dues this year, the dedicated funds are actually being funded—that cash in these funds is up this year instead of trending down as in past years. 

Safety and Security Committee’s Report
Jeff Hall, Chairperson of the Safety and Security Committee, reported for the committee. He stated that the gates are operating with a high degree of reliability and no significant down time. He also stated that John Gates, the security/maintenance manager, is eliminating unnecessary gate codes and that the committee is implementing a process of assigning contractors gate codes with expiration dates that are set for the first of the month after their projects are scheduled to be completed.

John reported on an episode of break-ins. He stated that, on the night of Friday, May 8, 2009, three break-ins occurred, including two at homes on Ocean Drive and one at a home on Manion Drive; that the owners were not at home at the time; and that electronics and tools were stolen from the homes. John stated that he reported the break-ins to the owners and local law enforcement. He added that local law enforcement officers, members David and DeAnn Rzewnicki and Mark Whisler, volunteered to make rounds.  

Ongoing work by the Safety and Security Committee currently includes:

Roads and Grounds Committee’s Report
In the absence of Don Kruger, Chairperson of the Roads and Grounds Committee, the co-chairperson, Ken Weber, reported for the committee.

With Dave Lukens, President, Ken reported that the committee recommended that the association request bids from 5 contractors for grinding to ground level 24 stumps in the right-of-way along Surf Pines Lane, Ocean Drive, and Manion Drive. Discussion focused on the reason for grinding the stumps:  primarily because they can damage the mower when the shoulder is mowed. Discussion also focused on the cost:  an estimated $1,200 (with no bid over $1,500 to be accepted without the approval of the board). After discussion, Bob McWhirter, Treasurer, moved approval of the committee’s recommendation; Michael Wilkin, Vice President, seconded the motion; and the board unanimously approved it by a vote of 5-0.

With Dave, Ken also reported that the committee recommended that the association contact Arbor Care Tree Specialists to remove 5 dead trees and prune 4 damaged trees in the right-of-way near the intersection of Manion Drive and Malarkey and at the driveway to 89944 Manion Drive. Discussion focused on the reasons for removing and pruning the trees:  they are either under or next to overhead utility lines or immediately adjacent to the road. Discussion also focused on the cost:  an estimated $2,000. After discussion, Bob moved approval of the committee’s recommendation; Michael seconded the motion; and the board unanimously approved it by a vote of 5-0. 

Finally, with Dave, Ken reported that the committee recommended that the board prepare an itemized summary of all of the expenditures for storm recovery over the past two fiscal years; distribute the summary to the membership at the Annual Meeting; and ask members to vote to either return all unspent “Storm Recovery” funds as of July 31, 2009, to the membership by reducing the next payment of dues (a reduction estimated at approximately $12.50 per member) or transfer the funds to the association’s development fund. Discussion focused on other options, including saving the “Storm Recovery” funds in a “stormy-day” fund or spending the funds on replanting trees. Michael suggested adding any funds remaining in the budget for fiscal year 2008-2009 for the “Trees” line item to a “stormy day” fund. Remembering that Phase 3 of the recovery from the wind storm of December 2-3, 2007, was titled “Replanting Trees,” Patrick Kelley, Secretary, suggested spending the funds on replanting trees because few members are likely to consider that phase completed as they drive the bare roads of Surf Pines and many would like to see it completed. At Dave’s suggestion, the board agreed to continue the discussion at the next meeting.

Ongoing work by the Roads and Grounds Committee currently includes:

Community Relations Committee’s Report
Bonnie Rogie, Chairperson of the Community Relations Committee, reported for the committee. She stated that the committee is focused on managing the community outreach project and planning for the Annual Surf Pines Garage Sale on July 4, 2009, and the Annual Surf Pines Picnic on July 5, 2009. She also stated that the committee offered to assist with the association’s mailings

Ongoing work by the Community Relations Committee currently includes:

Bylaws Committee’s Report
Steve Dawson, Chairperson of the ad hoc Bylaws Committee, reported that the committee met with members of the board in a joint work session on April 29, 2009, at 4:00 p.m. at the meeting house to allow the board an opportunity to review and comment on the changes to the bylaws proposed by the committee. He stated that comments were requested and received on the content of the proposed changes and the procedure for the consideration of these changes by the membership. He concluded by stating that, after the committee meets in early June, the changes will be ready to forward to the board for legal review by counsel Dan Van Thiel. 

Nominating Committee’s Report
Reporting for the Nominating Committee, Patrick Kelley, Secretary, stated that the committee listed qualifications for directors, obtained commitments from at least three well-qualified candidates to stand for election, and agreed on a standard format for candidates to provide information about themselves in the July issue of the Breeze and the “Notice of the Annual Meeting.” He stated that the committee will provide a slate of nominees for the approval of the board at the regular meeting in June, as scheduled.

Budget Committee’s Report
Reporting for the Budget Committee, Bob McWhirter, Treasurer, stated that the committee reviewed a budget worksheet and discussed preliminary budget numbers. He stated that the committee will provide a budget for fiscal year 2009-2010 for the approval of the board at the regular meeting in June, as scheduled.  

President’s Report
Dave Lukens, President, reported that he had no business to report.

Administrator’s Report
Dan Bartlett, Administrator, reported on the status of ongoing business. He stated that Ticor Title Insurance & Escrow Co. is continuing work on a quiet title action to remove the right of way to nowhere in the middle of the association’s Manion properties. He stated that he will send a letter to member Neal Cummings to formalize Neal’s agreement with the board to remove the shed that encroaches on the association’s property on the south side of Pelican Lane by November 1, 2009. On the subject of accounts receivable, Dan stated that he will send second letters regarding liens to Raymond and Kathleen Arndt, Jane Horman, Jason and Ashley Kraushaar, and Steven and Donna McClure. (Concluding parenthetically, Dan stated that counsel Dan Van Thiel sends letters to Teresa Walker regarding the lien on her property in which he advises her that he is adding the association’s attorney’s fees for his work on her case to the amount that she owes, as provided for in the recently amended Article IX, Section 9.6, of the bylaws.)  

Old Business
Old business included consideration of bids on the association’s repaving project for fiscal year 2008-2009 and a suggested amendment of Article VII of the “Articles of Incorporation.”

Consideration of Bids on Repaving Project for Fiscal Year 2008-2009
The board considered bids from TFT Construction, Bayview Transit Mix, and Clean-Sweep Paving for this work:

Base project: repaving work on Ocean Drive from High Surf north for 1,600 feet
First alternative: repaving work on an additional 300 feet north on Ocean Drive
Second alternative: repaving work on the 350 feet of road at the far end of south Ocean Drive

With $42,660 remaining in the budget for fiscal year 2008-2009 for the “Road Major Repair” line item, discussion focused on these bids from the low bidder, TFT Construction: 

Base project                          $39,990
First alternative                        7,820
Second alternative                   6,370
Total                                       $54,180

And with the total beyond the budget and the price of oil predicted to increase, discussion also focused on methods for funding the work, including not only the “Strict Budget Line Item” method, which provided the $42,660 in funding from “Road Major Repair, but also a “Budget Category” method that provided $68,789 from the “Roads and Grounds” budget and a “Dedicated Funds Resources” method that provided $45,561 from dedicated cash reserves.

After discussion, Michael Wilkin, Vice President, moved that the association fund the base project at $39,990 as bid by the low bidder; Gheri Fouts, Director, seconded the motion; and the board approved it by a vote of 4-1. Patrick Kelley, Secretary, voted “No,” explaining that he opposed the work because it will widen Ocean Drive, widening that members clearly and emphatically opposed in their response to the “Surf Pines Association 2009 Resident Road Improvement Survey.”

Bob McWhirter, Treasurer, moved that the association fund the first alternative project. The motion failed for lack of a second.

Michael moved that the association fund the second alternative project. The motion failed for lack of a second.

The board asked Dan Bartlett, Administrator, to contract with TFT Construction for the base project at $39,990—an amount within the remaining budget for the “Road Major Repair line item.”

Suggested Amendment of Article VII of the “Articles of Incorporation”
The board briefly discussed a suggestion by Michael for an amendment of Article VII of the “Articles of Incorporation” to increase the number of directors from five to seven. Patrick reviewed history pertinent to the suggestion, focusing on the fact that the article was amended in 2001 to decrease the number of directors from seven to five. He cited reasons for decreasing the number of directors, including the perceptions that the association’s hiring an administrator lightened the directors’ workloads and that recruiting seven directors was difficult. Michael explained a tradition that developed with seven directors: four directors serving as officers (president, vice president, secretary, and treasurer) and the other three directors serving as chairpersons of the three standing committees. Agreeing to continue the discussion at the next meeting, the other members of the board asked Michael to summarize the advantages of a seven-member board of directors then. 

New Business
There was no new business.  

The meeting was adjourned at 6:15 p.m. The next regular meeting is scheduled for June 15, 2009, at 4:30 p.m. at the meeting house.

Respectfully submitted, Patrick Kelley, Secretary

Surf Pines Association Regular Meeting of the Board of Directors
April 20, 2009, Meeting House

Present: directors Gheri Fouts, Patrick Kelley, Dave Lukens, Bob McWhirter, Michael Wilkin; committee chairpersons Don Kruger, Bonnie Rogie, Katie Weber, Ken Weber; members Burr Allegaert, Lee Casaleggio, Neal Cummings, Norma Keever, Roger Masse; administrator Dan Bartlett Absent: committee chairpersons Steve Dawson, Jeff Hall

The meeting was called to order at 4:30 p.m. As Dave Lukens, President, called the meeting to order, he reminded members of the meeting protocol: all members may participate during “Comments from the Membership”; only directors and committee chairpersons participate during the rest of the meeting.

The minutes of the regular meeting on March 16, 2009, at the meeting house were unanimously approved with these corrections:  

The minutes of the special meeting on March 28, 2009, at the meeting house were unanimously approved as presented. 

The agenda was unanimously approved as presented.
The board then considered these items:

Comments from the Membership
Patrick Kelley, Secretary, read a letter that was sent to him and addressed to the board of directors from member Ward Cook. In the letter, Ward states his opposition to widening the roads of Surf Pines because it will change, for the worse, the character of Surf Pines. He criticizes the board for surveying the membership regarding road improvements and then ignoring response to the survey. And he strongly urges the board to reconsider its vote to approve repaving standards that will have the effect of widening Manion Drive and Ocean Drive as maintenance work is performed on these roads.     

Treasurer’s Report
The treasurer’s report was unanimously approved as presented by Bob McWhirter, Treasurer. After reviewing significant figures from “Budget vs. Actual,” Bob reported that the association is essentially on budget for the fiscal year and that the increase in dues has proved sufficient to fund normal operations of the association. Commenting on the “Accounts Receivable Aging Summary,” Patrick Kelley, Secretary, noted that only 3 percent of the members are slow to pay dues. He thanked Dan Bartlett, the administrator, and Susan Wood, the bookkeeper, for the quality of their work with accounts receivable.  

Safety and Security Committee’s Report
In the absence of Jeff Hall, the chairperson of the Safety and Security Committee, member Lee Casaleggio reported for the committee. He reported that, in a month that was “mostly quiet on the western front,” the gates were operational more than 90 percent of the time, despite a mechanical problem at the north gate and an electrical problem at the south gate. Regarding beautification of the gates, he reported opposition in the committee to widening the gates as part of the beautification project.  

In other business, Patrick Kelley, Secretary, noted that Jeff published an article in the April issue of the Breeze about the Emergency Notification System, a reverse 9-1-1 system that could be critical to the safety of residents of Surf Pines in case of a tsunami. And Dave Lukens, President, and Dan Bartlett, Administrator, stated that counsel Dan Van Thiel, in a letter of March 27, 2009, firmly advised against involving the association in a partisan issue like the Gearhart Rural Fire District’s proposed $750,000 levy for operations, maintenance, and a firehouse.

Ongoing work by the Safety and Security Committee currently includes:

Roads and Grounds Committee’s Report
Don Kruger, Chairperson of the Roads and Grounds Committee, reported on the association’s repaving project for fiscal year 2008-2009. With Bob McWhirter, Treasurer, and Dan Bartlett, Administrator, Don presented a call for bids to overlay an existing road, a section of Ocean Drive, to a uniform width of 18 feet; reconstruct shoulders that are to be 2 feet in width; and perform minor grading. Don, Bob, and Dan explained that the base project is work on Ocean Drive from High Surf north for 1600 feet, as approved by the board.

If the winning bid is under budget, Don, Bob, and Dan explained, then the project also might include, as a first alternate, an additional 300 feet north on Ocean Drive, and, as a second alternate, an overlay to a width of 14 feet and work on a shoulder on the 350 feet of road at the far end of south Ocean Drive. Dan stated that he intends to send the call for bids to paving contractors immediately with bids due in 10 days. Discussion focused on the need for expert supervision, no matter which contractor is selected to do the work.   

Ongoing work by the Roads and Grounds Committee currently includes:

Community Relations Committee’s Report
Bonnie Rogie, Chairperson of the Community Relations Committee, reported progress on the committee’s community outreach project, which is focused on a donation to a charitable organization in the county. She distributed copies of a brochure that promotes the project, the raffle of a quilt that was created by crafters who are members of the association with raffle tickets to be sold at the association’s social events and outside the association and the proceeds of the raffle to be donated to the county Food Bank. She thanked committee member Debbie Wall for creating the brochure and explained that it will be mailed to members of the association at the expense of members of the committee. 

Ongoing work by the Community Relations Committee currently includes:

Bylaws Committee’s Report
In the absence of Steve Dawson, the chairperson of the ad hoc Bylaws Committee, there was no report from the committee. Dave Lukens, President, stated that Steve and he are having difficulty scheduling a joint work session of the committee and the board that accommodates the calendars of so many people. He queried the other board members for open dates on their calendars so that the scheduling effort can continue. 

President’s Report
Dave Lukens, President, appointed an ad hoc Nominating Committee and worked with Bob McWhirter, Treasurer, to appoint an ad hoc Budget Committee.

Appointment of Nominating Committee
Noting that the terms of two directors, Patrick Kelley and Bob McWhirter, end in August and that neither intends to stand for re-election, Dave appointed Patrick, Bob, and member Katie Weber to the Nominating Committee. Dave asked the committee to report progress at the regular meeting in May and provide a slate of nominees for the approval of the board at the regular meeting in June.

Appointment of Budget Committee
Working with Bob, in his capacity as the treasurer, Dave appointed a Budget Committee that includes members Gheri Fouts, Norma Keever, Clarke Powers, and Bonnie Rogie, plus any other director who chooses to serve. Dave asked the committee to report progress at the regular meeting in May and provide a budget for fiscal year 2009-2010 for the approval of the board at the regular meeting in June. 

Administrator’s Report
Dan Bartlett, Administrator, reported on the status of ongoing business. He stated that Ticor Title Insurance & Escrow Co. has begun work on a quiet title action to remove the right of way to nowhere in the middle of the association’s Manion properties. He presented a comparison of costs for the Directory for 2008-2009 and the Directory for 2009-2010, noting that the current Directory cost substantially more to produce because of the spiral binder and cost as much to mail separately this year as mailing three documents  together in one envelope cost last year. Finally, he stated that he sent letters regarding liens to the appropriate property owners and that counsel Dan Van Thiel sent a letter to Teresa Walker regarding the lien on her property in which he advises her that he is adding the association’s attorney’s fees for his work on her case to the amount that she owes, as provided for in the recently amended Article IX, Section 9.6, of the bylaws.   

Old Business
Old business included a policy for action by the board without a meeting and an encroachment on the association’s property. 

Policy for Action by the Board without a Meeting
Dave Lukens, President, presented the final draft of a policy for action by the board without a meeting, as permitted by Article VI, Section 6.7, of the bylaws and as occasionally required for urgent business. Michael Wilkin, Vice President, moved approval of the policy; Gheri Fouts, Director, seconded the motion; and the board unanimously approved it by a vote of 5-0. The board asked Dan Bartlett, in his capacity as the administrator, to add this policy to the board’s other policies. 

Encroachment on the Association’s Property 
Dan Bartlett, Administrator, presented letters from counsel Dan Van Thiel and member Neal Cummings regarding a shed that encroaches on the association’s property on the south side of Pelican Lane, an area where a trail is planned. In a letter of March 27, 2009, Dan Van Thiel asked the property owner to remove the encroaching shed within 15 days. In a letter of April 8, 2009, Neal, the property owner, asked for 1 year to remove the shed. Members of the board suggested compromising on approximately 6 months or November 1, 2009, as the date for removal of the shed, and Neal agreed to the compromise. To formalize the agreement, Bob McWhirter, Treasurer, moved to extend the date for removal of the shed to November 1, 2009 (or to the date of closing, if the property is sold); Patrick Kelley, Secretary, seconded the motion; and the board unanimously approved it by a vote of 5-0.    

New Business
In new business, Michael Wilkin, Vice President, suggested an amendment to Article VII of the articles of incorporation to increase the number of directors on the board from five to seven. He asked that the five current directors and the Nominating Committee consider the suggestion.

The meeting was adjourned at 6:15 p.m. The next regular meeting is scheduled for May 18, 2009, at 4:30 p.m. at the meeting house.  

Respectfully submitted, Patrick Kelley, Secretary

Surf Pines Association Special Meeting
March 28, 2009, Meeting House

A special meeting of the members of the Surf Pines Association was called to order at 4:00 p.m. by Dave Lukens, President, with approximately 20 members present. The purpose of the meeting, the conclusion of a vote-by-mail recall election, was to validate the ballots, count the votes, and announce the result of the vote. 

After the call to order, Dave presented this agenda for the special meeting (with no other matters to be considered):

Reading of the Petition for the Removal of a Director
Dave read the petition from the chief petitioners, George Hawes and Wayne Fleming, for the removal of Michael Wilkin, Vice President:

“Petition Calling for Special Meeting of the Members of the Surf Pines Association
to Vote on Removing Michael Wilkin as a Director”
“We the undersigned voting members (as defined by Article I, Section 1.6, of the bylaws of the Surf Pines Association), having constituted 10% of the members of the Surf Pines Association, hereby demand that the president call for a special meeting of the members as required by Article IV, Section 4.2, of the bylaws.

“Said purpose of the special meeting is to vote on the removal of Michael Wilkin as a director; said removal is provided for in Article VII of the articles of incorporation of the Surf Pines Association.”  

Validation of the Ballots and Count of the Votes
With Dave opening the envelopes and removing the ballots, Patrick Kelley, Secretary, and Dan Bartlett, Administrator, validated the ballots. Patrick read the names on the ballots, and Dan checked off the names on the association’s membership list. They validated 148 ballots. They invalidated 3 ballots: one without a name, a signature, and an address; one with no vote cast; and one from a member who disenfranchised himself, per Article XI of the articles of incorporation, by failing to pay assessments and fees within 60 days of the due date.

Dan counted the validated ballots, and Patrick double-checked the count.

Announcement of the Result of the Vote
Dave announced the result of the vote:

Do not remove Michael Wilkin from the Surf Pines Board of Directors 80

Remove Michael Wilkin from the Surf Pines Board of Directors           68 

The meeting was adjourned at 5:20 p.m.  

As the meeting was adjourning, Wayne Fleming, one of the chief petitioners, extended his hand to Michael Wilkin, the director, and they shook hands.

Respectfully submitted, Patrick Kelley, Secretary

Present: directors Gheri Fouts, Patrick Kelley, Dave Lukens, Bob McWhirter, Michael Wilkin; committee chairpersons Steve Dawson, Jeff Hall, Don Kruger, Bonnie Rogie, Ken Weber; members Colleen Casaleggio, Lee Casaleggio, Wayne Fleming, Lucia Fleming, Norma Keever; administrator Dan Bartlett

The meeting was called to order at 4:30 p.m.  The minutes of the regular meeting on February 16, 2009, at the meeting house were approved as presented. The agenda was approved with the addition of one subtopic, “Reconsideration of Repaving Standards,” under “Roads and Grounds Committee’s Report.”

The board then considered these items:

Comments from the Membership
There were no comments from the membership—or, more accurately, there were no comments from the membership at the appropriate time for members’ comments.

Treasurer’s Report
The treasurer’s report was approved as presented by Bob McWhirter, Treasurer. Bob reported that the association is essentially on budget for the fiscal year. He noted that the increase in dues has proved sufficient to fund normal operations of the association.  

Safety and Security Committee’s Report
Jeff Hall, Chairperson of the Safety and Security Committee, reported that the gates of Surf Pines were open for repair for only 1½ hours during February.  

Jeff also reported that John Gates, the security/maintenance manager, stopped a driver for speeding on the roads of Surf Pines; learned that the driver opened the gates with a member’s shared personal gate code; notified the member who shared the code; and  changed the code.   

In other business, Jeff reported that he will write an article for the April issue of the Breeze about the Emergency Notification System, a reverse 9-1-1 system that could be critical to the safety of residents of Surf Pines in case of a tsunami. He also proposed a future article about recommendations for walking safely along the roads of Surf Pines. Patrick Kelley, Secretary, stated that this article will be appropriate for the occasional “Do You Know?” column in the Breeze. And, finally, Jeff stated that member Tom Wilcox suggested an article in the Breeze about the Gearhart Rural Fire District’s proposed $750,000 levy for operations, maintenance, and a firehouse, but that the committee was skeptical of involving the association in a partisan issue. Sharing the committee’s skepticism, the board asked Dave Lukens, President, and Dan Bartlett, Administrator, to ask counsel Dan Van Thiel for his advice on the subject. 

Ongoing work by the Safety and Security Committee currently includes:

Roads and Grounds Committee’s Report
Don Kruger, Chairperson of the Roads and Grounds Committee, reported that the committee recommended approval of the association’s repaving project for 2009: repaving Ocean Drive from the intersection with High Surf to the north as far as the budget for Road Major Repair allows. Discussion focused on Ocean Drive’s being the association’s weakest road and on obtaining bids for the work from multiple contractors. After discussion, Bob McWhirter, Treasurer, moved approval of the committee’s recommendation; Patrick Kelley, Secretary, seconded the motion; and the board unanimously approved it by a vote of 5-0. 

In other business, Don reported that the de-watering pump at station 3 on Horizon ran for approximately 12 hours during February.

Patrick asked the other members of the board and Don to reconsider the repaving standards that were approved at the previous meeting. He reviewed the results of the committee’s “Surf Pines Association 2009 Resident Road Improvement Survey” in which residents state clearly and emphatically that they do not want the roads widened. He reviewed the repaving standards that have the effect of widening Manion Drive and Ocean Drive. He asked the other members of the board and Don to resolve through compromise the conflict between the residents’ response to the survey and the committee’s repaving standards. Specifically, he proposed these compromises on width: 

 He explained that, according to the committee’s survey, the width of Manion Drive (south of Malarkey) ranges from 17 to 19 feet so that 18 feet is a compromise and that the width of Ocean Drive ranges from 16 to 18 feet so that 17 feet is a compromise.

Patrick moved to reconsider the motion regarding repaving standards from the previous meeting. The motion to reconsider passed by a vote of 4-1 with Dave Lukens, President, voting “No.”

Patrick moved to amend the motion regarding repaving standards as proposed in the compromise. Discussion focused on the conflict between heeding residents’ clear and emphatic response to the survey and needing roads of consistent widths for drivers and paving machines. 

When Patrick’s motion to amend failed for lack of a second, Bob moved to reaffirm the motion from the previous meeting; Michael Wilkin, Vice President, seconded Bob’s motion; and the board approved it by a vote of 4-1 with Patrick voting “No!” 

Ongoing work by the Roads and Grounds Committee currently includes:   

Community Relations Committee’s Report
Bonnie Rogie, Chairperson of the Community Relations Committee, reported that approximately 30-35 members attended the first social event for 2009, the Spring Fling on March 7 from 6:00 to 9:00 p.m. at the Keever home, 89026 Ocean Drive. 

Bonnie also reported that the committee decided to sponsor a community outreach project focused on a donation to a charitable organization in the county. The current project, she stated, is a raffle of a quilt that was created by crafters who are members of the association with raffle tickets to be sold at the association’s social events and outside the association and the proceeds of the raffle to be designated for the county Food Bank. Noting that the other standing committees, the Safety and Security Committee and the Roads and Grounds Committee, recommend significant projects to the board for review and approval before launching them, Patrick Kelley, Secretary, asked the committee to do the same in the future. 

Dan Bartlett, Administrator, stated that he is still reviewing the costs of reproducing and mailing the new edition of the association’s Directory to determine why they were substantially higher than the costs for the previous edition.

Ongoing work by the Community Relations Committee currently includes:

Bylaws Committee’s Report
Steve Dawson, Chairperson of the ad hoc Bylaws Committee, reported that the committee, having reviewed all of the bylaws and prepared a final draft of proposed amendments, invites feedback from the board at another joint work session of the committee and the board. Dave Lukens, President, and Steve agreed to schedule the work session at the meeting house on a day during the latter half of April 2009. Dave stated that the members of the board will need advance copies of the proposed amendments before the work session.     

President’s Report
Dave Lukens, President, reported on a meeting regarding proposed development on the west side of Stellar Lane and preparation for a special meeting regarding the proposed removal of a director.

Meeting Regarding Proposed Development on the West Side of Stellar Lane
Dave reported that he, directors Gheri Fouts and Patrick Kelley, and administrator Dan Bartlett met with member Richard Schroeder on February 26, 2009, from 4:00 to 4:50 p.m. at the meeting house where Richard presented his and nonmember Rick Charlton’s tentative plans for proposed development on the west side of Stellar Lane. Dave stated that Richard presented a preliminary plat for seven lots, emphasizing that his plans are tentative and that he has not yet presented them to the county. Dave noted that, when members of the board questioned additional residential development in the area, Richard referred to density swaps that might permit it.

Preparations for a Special Meeting Regarding the Proposed Removal of a Director
Dave reported on preparations for a special meeting to vote on the removal of a director, Michael Wilkin. Dave distributed a revised timeline that includes mailing the notice of the meeting and the ballots on March 17, 2009, and holding the special meeting to count the votes and announce the result on March 28, 2009, at 4:00 p.m. at the meeting house. He stated that the chief petitioners and the director were sent mailing labels so that they can mail their statements to the membership. He distributed the notice that he and counsel Dan Van Thiel revised for neutrality. He distributed the ballot that he and Patrick Kelley, Secretary, revised to emphasize that members must print their names, sign their names, and list their addresses so that their ballots can be validated. And he distributed this agenda for the meeting:

Meeting Agenda (no other business will be considered)

Administrator’s Report
Dan Bartlett, Administrator, reported on the status of ongoing business. 

Dan reported that he gave county planner Jennifer Bunch a copy of the preliminary plat from member Richard Schroeder and nonmember Rick Charlton regarding their proposed development of seven lots on the west side of Stellar Lane. Dan stated that Jennifer reviewed pertinent planning documents for the area; determined that tracts K and L were identified as open space and designated butterfly habitat and that residential development on these tracts would cause the overall density of the subdivision to exceed the density allowed by the zoning; and concluded, tentatively, that her department would not approve residential development on the tracts. Dan emphasized that the conclusion is tentative because it is based on limited information, especially regarding density swaps. 

In other ongoing business, Dan reported that he sent letters regarding liens to the appropriate property owners and that he and Dave Lukens, President, will meet with counsel Dan Van Thiel regarding the lien on the property of Teresa Walker, the encroachment on the association’s property on the south side of Pelican Lane, and a quiet title action to remove the right of way to nowhere in the middle of the association’s Manion properties.  

Old Business
Old business included establishing a policy for action by the board without a meeting, as permitted by Article VI, Section 6.7, of the bylaws and as occasionally required for urgent business. The board deferred action on this business until Dave Lukens, President, incorporates in the policy these revisions from the discussion of a draft during the previous meeting:

New Business (There was no new business.)

The meeting was adjourned at 6:50 p.m. The next regular meeting is scheduled for April 20, 2009, at 4:30 p.m. at the meeting house.  

Respectfully submitted, Patrick Kelley, Secretary

************************************************

2009 RESIDENT ROAD IMPROVEMENT SURVEY

Dear Member,

The current Surf Pines Association Pavement Management Plan will expire in 2010.  As we have done in the past, the Association will soon hire a “road maintenance” professional to develop a long range plan to provide guidance for the maintenance of our roads.  In an effort to reduce speeding, enhance pedestrian/cyclist safety, and reduce future maintenance costs, we would like to include engineering concepts that utilize traffic calming designs or devices.  Traffic calming designs and devices include such things as traffic islands, round-a-bouts, speed bumps, pedestrian pathways, etc.  By including a study of these concepts we feel the community would benefit by having longer lasting and more attractive roads, improved safety for all users, and increased property values. 

The Roads and Grounds Committee would like to get member feedback before deciding what parameters to include when requesting bids from pavement management and traffic calming professionals.  These parameters may include the level of maintenance required, what improvements to the road system should be considered, and what speed calming designs or devices would be beneficial to the community.  Please complete the attached survey based on your personal experiences and return it with your next dues payment.

Please consider the following road system facts while formulating your answers:

The current budget for maintaining our roads is based on the plan developed in 2005.  Development of a new long range Pavement Management Plan is necessary to provide the guidance necessary to effectively maintain and improve our roads over the next 10 to 15 years.  Enhancing safety for all users and reducing maintenance costs over the long run will be the primary goals.

Your opinion is important to us so please respond as quickly as possible.  Thank you, Don Kruger, Chair Roads & Grounds Committee
ROAD SYSTEM SURVEY QUESTIONS

Responses     Full-Time Resident   53  Part-Time Resident  30  Did not indicate  8  Total 91

Question responses will not total to the number of responses due to individuals not answering all questions.

·         Move mail boxes back from road 24” from end of mail box, post at least 36”
·         Only 2” to 3” of black top is the problem, not widen roads.
·         Widening the street should be high priority. With so many folks bicycling – running – walking with dogs and children – someone is going to get hurt. Will probably be resistance to widening as many have moved their lawns, etc. on to the r of w. Though! It needs to be done.
·         SPA should not be in the land holding business! Refer to our Art. Of Inc. & State Charter.
·         Don’t spend any additional money. I’m having to be very careful with my personal funds. I expect the same fro Surf Pines.
·         Just maintain what we have.
·         Surf Pines is a relaxed home community. Let’s keep it that way. We do not need a lot of new bureaucratic rules. If someone thinks our roads are too narrow, let them go somewhere else. And we don’t need more speed bumps.
·         There are many residential roads within the county that are not 20’ wide. We have larger problems in Surf pines than roads.
·         Contract an experience professional traffic study firm to conduct a comprehensive survey and develop recommendations by traffic engineer.
·         Combination of bumps/ pedestrian lanes. I.e. bumps on ocean and Manion – Lane for bikes etc. on Sea Breeze
·         Good job on this survey
·         Some bicycle ped paths away from the existing roads like between Manion and Ocean and between Surf Pines and Pinehurst would be nice. But ped/bike lanes along Manion/Ocean would be silly
·         I have noticed cars going faster between the following speed bumps 1. Manion Sea Breeze – Manion Horizon 2. foot of horizon 3.ocean / Sea Breeze next bump north and after last bump on north end of Ocean – going north. Last bump on south end of Ocean going south.
·         Part of the ambiance of surf pines is its winding roads and lanes. Residents purchased their home on existing conditions.
·         Move mail boxes back. Increase shoulders in some cases. However looking at the existing underground utilities it seems that any movement in the road shoulders will be quite costly due to these utility depths. Is there a dollar difference between full and part time?
·         We would rather see our funds used to provide a more secure entrance and exit to Sur Pines utilizing a video surveillance system.  A great source is security cameras direct.  Their website is www.scdlink.com
·         I don’t believe that you can widen the roads (Manion/Ocean) to a point that it solves the problem of traffic flow. We walk the roads nearly every day and have faced a few traffic problems. Some people do speed, but its not the norm. One attraction to the neighborhood is the quiet country feeling you get while walking or driving through the community. Speed calming devices could detract from the appeal of the community, please consider that.
·         Make sure there are by-laws to cover parking – Disallow on roadside right of way except for single events (i.e. party); disallow more than 3 0r 4 vehicles in person’s yards; disallow motor homes and boats stored in person’s yards.
·         Master Plan for Ped/Bike path and recreational area for sport court, pool (similar to Pinehurst) perhaps on the Manion Property owned by SPA.
·         Widen the segments of the very narrow road. Widening to County std. Will not slow cars down and probably make them more dangerous to ped and bikes.
·         I think that 89951 looks terrible. That property plus also mine is the business of our assn.
·         Blind corner at Manion and Sea Breeze should be improved. Perhaps require that fence on the north side be removed.
·         The current narrow roads work well to keep speed more manageable. Keeping up current road maintenance must continue.
·         Don’t try to turn Surf pines into Beaverton or Seattle. The deer and elk leave a bigger mess than the dogs – Let’s not over manage the place.
·         The informal feel of Surf Pines should be maintained. Values will be reduced if “city streets” improvements are adopted.
·         As the owner of two vacant lots in Surf Pines, I feel I am all ready paying more than I should to the Association for services not used by these properties. I am not interested in any increase in this rate or special assessments.
·         Surf Pines is beautiful. Could be even betters. SPA has a wonderful potential of a fabulous community.
·         Newer gates. Bike path ped path for sure. Club house – Tennis Courts / Workout room. Basket Ball / Pools –Spa Racquetball / Better Children’s Park – Putting Green
·         I don’t see the issues that others might. I do not spend my days on the roads to make that judgment. All residents should continue to use common sense – instead of extra costs.
·         Regular roads would ruin Surf Pines ambiance. Lower speed, save deer, elk, dogs and humans.
·         Quit hiring the Sheriff.
·         Surf Pines is perfect the way it is. If you are looking for something to spend your time on – volunteer in the community. Don’t look to change the neighborhood. Pls don’t do this.
·         Hire enforcers for speed. Leave roads alone, widening would create higher speed. We should use security for enforcement until we can gety outside help. We are liable with no action.
·         Although adding bike/pedestrian lane would be nice it would be very costly and likely require owners to allow easement for such lane on their property. Before any dollars are spendt on planning, vote should be taken to see which properties would allow lane easements. SPA may not have authority to force easement.
·         Long term goals: standard road width minimum 22’ for 25 mph; 16’ for 20 mph; foot path minimum 5’ (level without obstructions) west side of Manion, does not need to be paved but must be free of obstructions.; SPA funded mailbox turnoffs eastside of Manion at regular intervals and require their uses.
·         I think small narrow streets are better – Wide streets like Surf Pines Landing and Pinehurst encourage people to drive fast 0 instead of spending money on more asphalt build paths in easements on side of roads.
·         A path in the Manion right of way 5 feet wide the full length.
·         Keep the status quo!!
·         Surf Pines is not a city. We don’t need, nor can we afford, fancy streets, roundabout, sidewalks and so on. Let’s deal with the speeders and keep our small community ambiance. Hiring the sheriff to set up speed traps will be a lot less expensive than what is being proposed above.
·         We live here full-time and walk our dog often and have not seen speeding or problems with the roads. Widening of the roads will only encourage speeding. With the economic slowdown we don’t think this is the time to be raising dues or selling property.
·         We must consider not only cost of construction, but cost of purchasing wider right of ways from owners.
·         Surf Pines is perfect the way it is… small quaint roads... everyone looks out for everyone.. honestly, has there been any pedestrian or bicycle accidents?
·         As a walker using Manion, I realize how narrow this road is. Two cars take up more than its width in places leaving no room for pedestrians, bikers, strollers, etc.65
·         Regarding the survey. We bought our lot in Surf Pines because we liked the beauty of the area and the lovely roads in the community. We would not like to see the roads changed in any way. Everyone should be aware of the many neighbors who walk and bike in the neighborhood. It is the perfect place for such activities. It would be hard to be unaware of the 25 mph speed limit. We are in favor of stringent enforcement of the current speed restrictions.
·         Leave Sur Pines alone. We love SP as it is. The quaint “narrow” streets make this community feel unique, not a mega-development constantly regulated and changed.
·         None.
·         Pedestrians & “dog walkers” need a path/trail (shoulder) that parallels Manion Drive. Too often they do not get off the pavement when cars meet.
·         Enforce speed limits.
·         Have Wilkin resign from the Board.
·         #3,4,5 and 6 suggest wants and costs – perhaps becoming County road system. We choose this location not expecting city road systems. Widening roads will promote more speeding.
·         I don’t care what other County roads look like. This is a quiet country feeling neighborhood.  Let’s keep it that way.
·         If some roads are deemed too narrow let’s assess those that live on them.
·         Roads are fine as they are.
·         Quit spending unnecessary money on stupid ideas like this. Stop complaining and start dealing with the way people drive. Drivers are courteous of pedestrians.
·         The black/narrow asphalt roads look nice the way they are and “blend in” to the setting. We don’t want to see larger roads or fancy roundabouts that stand out and detract from the natural beauty of Surf Pines.
·         If you make the roads wider there will then definitely be a speeding problem. Keep them the way they are.
·         Stop finding ways to spend money. Would be greatly appreciated. The best way to keep traffic slow is to leave roads alone. Thanks.

Surf Pines Association Regular Meeting of the Board of Directors
February 16, 2009, Meeting House

Present: directors Patrick Kelley, Dave Lukens, Bob McWhirter, Michael Wilkin; committee chairpersons Jeff Hall, Don Kruger, Bonnie Rogie, Katie Weber, Ken Weber; members Bob Ball, Kathy Ball, Wayne Fleming, George Hawes, Nancy Wilcox, Tom Wilcox; administrator Dan Bartlett; security/maintenance manager John Gates
Absent: director Gheri Fouts (without the consent of the board); committee chairperson Steve Dawson

The meeting was called to order at 4:30 p.m.

The minutes of the regular meeting on January 19, 2009, at the meeting house were approved as presented. The agenda was approved with the addition of one subtopic, “Correspondence Regarding the Home-Building Project at 89136 Ocean Drive,” under “President’s Report.”

The board then considered these items:

Comments from the Membership
Tom Wilcox, member, commented on the petition for a special meeting of the membership to vote on the removal of Michael Wilkin, Vice President, as a director. Speaking in support of Michael, Tom stated that nothing in the bylaws either applied to the condition of Michael’s property or warranted Michael’s removal from the board.

Treasurer’s Report
The treasurer’s report was approved as presented by Bob McWhirter, Treasurer. Bob reported that the association is essentially on budget for the fiscal year.  

When the board reviewed accounts receivable, Dan Bartlett, Administrator, stated that a portion of the dues and late-payment penalties that are owed on the property of Jason and Ashley Kraushaar was received. Dan also stated that he will write first letters to Mycelle Dean, Joanna Henry, and Bernard Ross regarding the dues and late-payment penalties that are owed on their properties and that he will ask counsel Dan Van Thiel to write a letter to Teresa Walker regarding her long-overdue dues and late-payment penalties.    

Safety and Security Committee’s Report
Jeff Hall, Chairperson of the Safety and Security Committee, reported that the committee recommended approval of a plan to analyze the list of gate codes for contractors and delete the codes for inactive contractors. Patrick Kelley, Secretary, moved approval of the committee’s recommendation; Bob McWhirter, Treasurer, seconded the motion; and the board approved it by a vote of 4-0 with Gheri Fouts, Director, absent. Jeff also reported that the committee recommended no changes at this time to the personal gate codes for members, noting no evidence that any sharing of these codes has led to either safety or security problems. Patrick moved approval of the committee’s recommendation; Michael Wilkin, Vice President, seconded the motion; and the board approved it by a vote of 4-0 with Gheri absent.

In other business, Jeff reported that, according to Eugene Strong, the emergency management coordinator for the county, an automated reverse-911 system for warning residents of a tsunami is operational for land-line telephones and an option for cell phones is forthcoming. Patrick asked whether the system has been tested. Jeff stated that he will ask that question of the emergency management coordinator. Patrick asked Jeff to write an article about the system for the April issue of the Breeze. Dave Lukens, President, stated that the article should indicate that the county’s automated reverse-911 system replaces the association’s manual telephone tree for warning residents of a tsunami.   

Ongoing work by the Safety and Security Committee currently includes:

Roads and Grounds Committee’s Report
Led by Don Kruger, Chairperson of the Roads and Grounds Committee, the board reviewed the results of the committee’s “Surf Pines Association 2009 Resident Road Improvement Survey,” a survey to which 91 of the 336 voting members responded. The board noted that the members who responded made clear through their numbers and their comments that they do not regard speeding as a problem on the roads of Surf Pines (63%), do not regard pedestrian and bicycle safety as a problem (67%), do not want recommendations and cost estimates for standardized road widths (78%), do not consider any road in Surf Pines to be too narrow (56%), do not want recommendations and cost estimates for speed calming designs and devices (73%), do not want any more speed calming designs and devices added to the roads (60%), do not want paths for pedestrians and bicycles added along the roads (60%), do not want a dues increase to fund either maintenance or improvements (63%), and do not want a special assessment to fund either maintenance or improvements (79%). The board also noted that members’ comments were at least as emphatic as these numbers, including this comment, which summarizes many of the other comments: “The black narrow asphalt roads look nice the way they are and ‘blend in’ to the setting. We don’t want to see larger roads or fancy roundabouts that stand out and detract from the natural beauty of Surf Pines.”

After the review of the results of the committee’s survey, Don reported that the committee recommended tentative approval for seeking a bid for a new pavement management plan to replace the old plan with all repaving projects to include shoulder repair with base rock plus ¾-inch minus as the finish surface 24 inches from the edges of the pavement; removal of mailboxes during construction and reinstallation after construction with the fronts of the mailboxes a minimum of 24 inches from the edge of the pavement; addition of fiber mats when repaving areas where the base is unacceptable; standardization of the width of Manion Drive at a minimum of 20 feet during normal maintenance; standardization of the width of Ocean Drive at a minimum of 18 feet during normal maintenance; and no changes to the widths of other roads. Bob McWhirter, Treasurer, moved approval of the committee’s recommendation. A lengthy discussion focused on the conflict between the committee’s recommendation and the results of the committee’s survey of the membership.  

With Bob’s motion failing for lack of a second and Don asking for any tentative numbers for a proposal that he could forward to a planner, the board revised a number (Manion Drive no wider than 19 feet); Bob revised his motion accordingly; Michael Wilkin, Vice President, seconded it; and the board approved it by a vote of 4-0 with Gheri Fouts, Director, absent.  

In other business, Don reported that the committee recommended that the association pursue a quiet title action to remove the right of way to nowhere in the middle of the Manion properties. Discussion focused on the timing of the quiet title action, inasmuch as the association does not propose to sell any of the properties at this time, and on the estimated cost of the action, approximately $2500 to $3000. After discussion, Bob moved approval of the committee’s recommendation; Michael seconded the motion; and the board approved it by a vote of 4-0 with Gheri absent.

Don also reported that the committee recommended that counsel Dan Van Thiel send a letter to member Neil Cummings requesting the removal of the utility building at 89615 Manion Drive that encroaches on the association’s property on the south side of Pelican Lane. Patrick Kelley, Secretary, moved approval of the committee’s recommendation; Bob seconded the motion; and the board approved it by a vote of 4-0 with Gheri absent.

Finally, Don reported that the committee recommended that the president send two letters: one to Steve Olstedt requesting removal of the log pile that extends onto the association’s right of way adjacent to Neacoxie Lane and the other to the Galen Family Trust, owner of tax lot 7128BA00700 on Ocean Drive, requesting cleanup from storm damage, a request that previously went astray because of confusion over ownership of the property. Dave Lukens, President, agreed to send the two letters.

Ongoing work by the Roads and Grounds Committee currently includes:

Community Relations Committee’s Report
Bonnie Rogie, Chairperson of the Community Relations Committee, reported that the committee is focused on planning and managing the first social event for 2009, the Spring Fling on March 7 from 6:00 to 9:00 p.m. at the Keever home, 89026 Ocean Drive. 

Bonnie also reported the publication of a new edition of the Directory. Patrick Kelley, Secretary, complimented the new edition. Dan Bartlett, Administrator, stated that he is reviewing the costs of reproducing and mailing the new edition to determine why they are substantially higher than the costs for the previous edition.

Finally, Bonnie reported that the committee considered a proposal from member Debbie Proyect for a community outreach project focused on donations to charitable organizations in the county. Noting that this work is not one of the committee’s responsibilities, Patrick asked the committee to consider whether the work is more appropriately performed by individual residents of Surf Pines than by a committee that represents the association.  

Ongoing work by the Community Relations Committee currently includes:

Bylaws Committee’s Report
In the absence of Steve Dawson, Chairperson of the ad hoc Bylaws Committee, member Bob Ball reported for the committee. Bob stated that member Jack Faust is currently editing the draft work of the other members of the committee.

President’s Report
Dave Lukens, President, responded to a petition and reported on correspondence.

Petition for a Special Meeting
Dave responded to a petition for a special meeting to vote on the removal of a director. Dave stated that, after reviewing the signatures on the petition, he determined that more than 10 percent of the members requested a special meeting and that he is therefore obliged to call a special meeting, according to Article IV, Section 4.2, of the bylaws, to vote on the removal of Michael Wilkin, Vice President, as a director, according to Article VII of the articles of incorporation. Dave also stated that, after outlining the logistical considerations for a special meeting, he focused on these alternative formats:

Dave continued by stating that these alternatives were reviewed by counsel Dan Van Thiel; that counsel emphasized the board’s maintaining neutrality in all proceedings on the matter; and that, in counsel’s opinion, alternative A is the best choice to maintain  the utmost neutrality.  

Finally, noting that, per the bylaws, the president calls the special meeting , Dave concluded by stating that he selected alternative A for the meeting because it is the least expensive alternative, the easiest to complete, and the fastest, though it provides the least information about the issue for the membership.

Patrick Kelley, Secretary, stated that alternative A, without statements from the chief petitioners and the director, does not provide the membership with basic information for an informed democratic vote and does not provide due process for the director. Dan Bartlett, Administrator, stated that he will print mailing labels for the chief petitioners and the director so that they can mail statements themselves to the membership.

Michael questioned the neutrality of the draft text for alternative A. Dave agreed to ask counsel Dan Van Thiel to revise it for neutrality. Noting that asking counsel to revise the draft text will affect the schedule for implementing alternative A, Dave stated that he will work with Dan Bartlett, Administrator, to revise the schedule accordingly.

Correspondence Regarding the Home-Building Project at 89136 Ocean Drive
Dave distributed without comment a letter from nonmember Donna Kellogg in support of the ideabox modular home that is to be incorporated in the larger home to be built by members Patrick and Laura Russell at 89136 Ocean Drive.

Correspondence Regarding Proposed Development on the West Side of Stellar Lane
Dave reported on correspondence in which member Richard Schroeder and nonmember Rick Charlton requested a meeting with the board to discuss their proposed development of seven lots on the west side of Stellar Lane. The board reviewed a preliminary plat for the development, agreed to meet with the developers, and asked Dave to schedule a meeting.

Administrator’s Report
Dan Bartlett, Administrator, reported on the status of ongoing business.

Status of Wind Turbines
In response to a request from the board that he report on the county’s rules and regulations regarding wind turbines in residential areas, Dan reviewed county documents with the board. Reviewing the documentation, Dan and the board noted that a wind turbine “shall not be any higher than 35 feet above either the average surrounding tree line or the highest structure within 250 feet” and that “if no structure exists within 250 feet” then the wind turbine “shall not exceed 70 feet in height.” Dan and the board also noted that a wind turbine “shall be placed such that minimal impact on views from adjacent lots results.” Finally, Dan and the board noted that a wind turbine “shall be subject to a Type II application procedure,” a procedure that includes the county’s mailing to the owners of neighboring properties and to the Surf Pines Association, in the case of Surf Pines, “a notice of intent to issue a development permit.”  

Commenting on the recent controversy over a wind turbine that was constructed at 89340 Ocean Drive by members William and Diane Dougherty and then removed by them after the owners of neighboring properties and the board objected to its placement west of the ocean-front setback line, Dan explained that the source of the controversy was a county planner’s error in following the Type I procedure, which does not include a notice of intent to issue a development permit, instead of the Type II procedure. Dan stated that, in light of the controversy, county planners are unlikely to repeat this procedural error.

After discussion, the board agreed to accept for the present the county’s rules and regulations regarding wind turbines in Surf Pines, but to reserve for the future the option of referring the matter to the Bylaws Committee. 

Status of the Home-Building Project at 89136 Ocean Drive
Dan reported that, after a 6-month interval, construction has resumed on the home-building project by members Patrick and Laura Russell at 89136 Ocean Drive.

Status of Planning Documents
Finally, Dan reported that he will give county planner Jennifer Bunch a copy of the preliminary plat from member Richard Schroeder and nonmember Rick Charlton regarding their proposed development of seven lots on the west side of Stellar Lane not only to alert her to their proposal but also to remind her of the board’s long-standing request for pertinent planning documents for the area west of Stellar Lane and east of Manion Drive.

Old Business
Old business included establishing a policy for action by the board without a meeting, as permitted by Article VI, Section 6.7, of the bylaws and as occasionally required for urgent business. Reviewing a revision by Dave Lukens, President, of a draft policy, other members of the board offered additional revisions. Michael Wilkin, Vice President, suggested that only written votes, documented by email, should be counted. Patrick Kelley, Secretary, suggested that action without a meeting “must be documented by the secretary in the minutes of the next board meeting.” Dave agreed to incorporate these revisions and distribute the policy for a final review.

New Business (There was no new business.)

The meeting was adjourned at 6:47 p.m. The next regular meeting is scheduled for March 16, 2009, at 4:30 p.m. at the meeting house.  

Respectfully submitted, Patrick Kelley, Secretary

Surf Pines Association Regular Meeting of the Board of Directors
January 19, 2009, Meeting House

Present: directors Patrick Kelley, Dave Lukens, Bob McWhirter, Michael Wilkin; committee chairpersons Steve Dawson, Jeff Hall, Don Kruger; members Bob Ball, Kathy Ball, Calvin Gantenbein, George Hawes, Norma Keever, Jim Low, Paul Peterson, Lou Sayer; administrator Dan Bartlett; security/maintenance manager John Gates.Absent: director Gheri Fouts (with the consent of the board); committee chairpersons Bonnie Rogie, Katie Weber

The meeting was called to order at 4:30 p.m. The minutes of the regular meeting on December 15, 2008, at the meeting house were approved as presented. The agenda was approved with the addition of one subtopic, “Action without a Meeting,” under “Old Business.”

The board then considered these items:

Comments from the Membership
George Hawes, member, read a letter to the board from member Wayne Fleming and himself that presents two options: either the resignation of Michael Wilkin, Vice President, as a director or a special meeting of the membership to vote on Michael’s removal. George also presented a petition, as an attachment to the letter, demanding that Dave Lukens, President, call a special meeting of the membership to vote on Michael’s removal. Dave stated that he will review the petition and the signatures on it, outline logistical considerations for a special meeting, and place this business on the agenda for the next meeting. 

In another comment, Norma Keever, referring to a misunderstanding between neighbors in her south Ocean Drive neighborhood, advised other members to know the location of the boundaries of their properties and the association’s right of way on their properties. 

Treasurer’s Report
The treasurer’s report was approved as presented by Bob McWhirter, Treasurer. Bob reported that the association is currently operating close to budget for the fiscal year.

When the board reviewed accounts receivable, Dan Bartlett, Administrator, noted that liens are filed against the properties of Jason and Ashley Kraushaar and Teresa Walker, though these liens might need to be refiled soon to raise the amounts of the liens to the amounts that are owed. Regarding the dues that are owed on the property of Mycelle Dean, Dan stated that he called the owner, was informed that the owner expects the renter to pay the dues, and informed the owner that the renter has not paid the dues and that they are past due with penalties accruing.  

Safety and Security Committee’s Report
Jeff Hall, Chairperson of the Safety and Security Committee, reported that the committee recommended approval of a plan to analyze the list of gate codes for contractors and delete the codes for inactive contractors. He also reported that the committee recommended no changes to the gate codes for members at this time, noting no evidence that any sharing of these codes has led to either safety or security problems. In the absence of Gheri Fouts, Director, the board deferred action on these recommendations.

In other business, Jeff reported that the committee asked John Gates, the security/maintenance manager, to submit for publication in the next Breeze statistics on the performance of the gates. In his capacity as editor of the Breeze, Patrick Kelley, Secretary, endorsed publication of these stellar statistics.

Finally, reporting on the county’s automated reverse-911 system for warning residents of a tsunami, Jeff stated that, if the system is similar to Portland’s system, then it might include an option for a member to register either a cell phone number or an alternate number for emergency notification. Jeff and the board asked Dan Bartlett, Administrator, to research the county’s system. Patrick suggested either an item or an article on the system in the next Breeze, if the system is operational and tested.  

Ongoing work by the Safety and Security Committee currently includes:

Roads and Grounds Committee’s Report
Don Kruger, Chairperson of the Roads and Grounds Committee, reported that the committee is awaiting responses to the “Surf Pines Association 2009 Resident Road Improvement Survey.” Don stated that Dan Bartlett, Administrator, is collecting the surveys as they are returned and that Dan and he will compile the results. 

Don also reported on the last of the recovery work, stating that the pruning in the park is completed and that approximately 50 trees, Austrian black pines (Pinus nigra), will be planted late in January.

Finally, Don reported that the de-watering pumps were energized during the rains early in January and that they are operating now in automatic mode.

Ongoing work by the Roads and Grounds Committee currently includes:

Community Relations Committee’s Report
In the absence of Bonnie Rogie and Katie Weber, the co-chairpersons of the Community Relations Committee, member Norma Keever reported for the committee. She reported that, though the committee has not met during January, it is planning the first social event for 2009, the Spring Fling on March 7 from 6:00 to 9:00 p.m. at the Keever home, 89026 Ocean Drive.

Ongoing work by the Community Relations Committee currently includes:

Bylaws Committee’s Report
Steve Dawson, Chairperson of the ad hoc Bylaws Committee, reported that he anticipates that, after two more committee meetings and one work session with the board, probably in March, the committee will complete its review of the bylaws and be ready to report to the membership at the Annual Meeting.

President’s Report
Dave Lukens, President, reported on his communication with three members. He stated that he clarified with member Richard Schroeder the location of the association’s right of way at the south end of Ocean Drive. He stated that he and Dan Bartlett, Administrator, discussed with member Patrick Russell the status of the home-building project at 89136 Ocean Drive. And he stated that he received a suggestion from member Jim Miller that, in light of the recent controversy regarding a specific wind turbine, the board initiate a discussion of wind turbines in general in Surf Pines. In response to this suggestion, Dave asked Dan to report to the board at an upcoming meeting on the county’s rules and regulations regarding wind turbines in residential areas.

Administrator’s Report
Dan Bartlett, Administrator, reported on the status of ongoing business.

Status of Encroachment at Pelican Lane
Dan reported that he notified member Neil Cummings that the woodshed on the south side of Pelican Lane at 89615 Manion Drive encroaches on the association’s property. The member, Dan stated, will discuss his options with an attorney.

Status of Home-Building Project at 89136 Ocean Drive
Dan reported that he and Dave Lukens, President, met with member Patrick Russell to discuss the status of the home-building project at 89136 Ocean Drive, where no progress has been apparent since a trailer was placed on the property during June 2008. The member, Dan stated, told them that he has hired a new architect and revised the plan for the home with construction now scheduled to resume in February 2009 and end in August 2009 and the completed home still to incorporate the trailer.

Status of Hearing on Wind Turbine at 89340 Ocean Drive
Dan reported that, in light of the fact that members William and Diane Dougherty removed the wind turbine at 89340 Ocean Drive, the hearing that was scheduled regarding the wind turbine and the bylaws is cancelled. 

Status of Planning Documents
Finally, Dan reported that he will ask Jennifer Bunch for pertinent planning documents for the area west of Stellar Lane and east of Manion Drive because Dave received a letter from Richard Schroeder stating that he and Rick Charlton are submitting a plan for seven lots in that area and requesting a meeting with the board to discuss the plan.   

Old Business
Old business included a concern about access to the beach across accreted land and action without a meeting.

Concern about Access to the Beach
The board reviewed correspondence between counsel Dan Van Thiel and Vern Fowler, the attorney who represents the members who have a concern about access to the beach across accreted land.

Action without a Meeting
The board agreed that a draft policy statement for action without a meeting might be longer and more complicated than necessary. Dave Lukens, President, volunteered to revise the statement.

New Business
New business included administrator Dan Bartlett’s distributing “A Brief Comparison of Compilation, Review, and Audit Services,” a document for the board to consider at an upcoming meeting.

The meeting was adjourned at 5:45 p.m. The next regular meeting is scheduled for February 16, 2009, at 4:30 p.m. at the meeting house.

Respectfully submitted, Patrick Kelley, Secretary

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