.
FINANCE:
Barbara
Myers stated she has served in this position for a year. The finance chair
is more like a monitor. Barbara has recommended some small changes such
as the amount of petty cash to be kept. All suggestions have been met with
a very responsive attitude. Barbara stated she monitors on her computer
what is happening in finance. The finance committee worked very hard during
the last part of last year. We did not raise dues and worked very hard
to maintain this. Barbara stated that she cannot honestly say it can go
on forever. Scenic Estates is not run reactionary but we plan ahead as
much as we can though we cannot foresee the future. We make educated decisions
as best we can.
Barbara
Myers stated that a question on the ballot is: Whether we should pay for
an audit this year. Wally Croy asked was an audit budgeted for. Barbara
Myers stated this was not budgeted though there are reserve funds that
can be pulled which could cover the costs if necessary. Barbara continued
that this type of audit does not review every bill or every expenditure
but monitors the procedures used.
Ricardo
Camarillo asked why would Scenic Estates audit and who would do it. Wally
Croy stated that it is done by an accounting firm unrelated to Scenic Estates.
Bob Bowman stated that an audit doesn’t ensure that money has been properly
spent. Scott Wills asked if it were a procedural audit and not an expenditure
audit. Barbara Myers stated that she was concerned when she took the position
because she had to sign the checks. So she entered every check and monitors
expenditures separately from the office. Scott Wills asked if there was
a committee to review expenditures. Barbara stated that there was not.
Scott Wills stated it would be a good idea to pursue this.
Robert
Cardoza stated that a membership auditing committee was setup a number
of years ago and are we repeating history? Jackie Granger stated that it
was a one-time committee.
Barbara
Myers stated it is a good idea.
Sam
Leathers asked if the figures shown for 2001 are the budgeted or actual
expenditures. Jackie Granger stated that the budget sheet showed only budgeted
amounts, for actual expenditures there is another statement: the profit
and loss.
Barbara
Myers asked who would be forming the committee. Scott Wills stated he would
not mind if it was a subcommittee of the finance committee.
Bob
Merrison stated that there should be a number on this committee and we
should vote on this number.
(2002/AGM/2)
M. Scott Wills 2nd Patrick Camarillo “re-establish an independent
finance review committee, separate from the board and report to the membership.”
Passed.
(2002/AGM/3)
M. Percy Maneval 2nd Allan McFadden “At least three people on this
committee and maximum of five.” Passed.
Bob
Bowman stated that we need to approve the proposed budget today. Louise
Weber asked what would happen if the budget were not passed. Jackie Granger
stated that it would be better to amend areas of the budget but that the
membership should pass some form of budget otherwise the Board has no guide
as to expenditures.
(2002/AGM/4)
M. Marge Warner, 2nd Sam Leathers “approve the budget.” Passed.
Questions
regarding discussion of the budget were brought up prior to the motion
and results being reported. Therefore the passing of the motion is invalid.
Ricardo
Camarillo asked why the item employee benefit has doubled. Bob Bowman responded
that medical was not provided until last year and was not calculated based
on actual costs and an employee has been added to the roster.
Louise
Weber stated that there is a 14 1/2% increase in employee expenses and
this if for one full-time and two part-time employees. Bob Bowman stated
that we have added an employee and the benefits were granted to employees.
Discussion followed. See motion 2002/AGM/5.
Norm
Wolf would like to congratulate the three people we are speaking about
for doing a great job. The finance advisory group can look into this. We
have to trust each other and let’s don’t over do this.
Victor
Armfield stated that Jackie Granger was changed to an employee from a contractor
and this was not mentioned to the membership. Barbara Myers stated that
the state and federal requirements were researched and this is why this
change occurred. Victor Armfield stated that Bunny McClue was in this same
position and was not deemed an employee.
Bob
Bowman stated that a member committee investigated this whole thing. One
of the very fine write ups that we received was done by Karen Weber. Frankie
Small stated that Norma Bohl and Karen Weber were on the committee. Norma
Bohl stated that the position seemed betwixt and between contractor and
employee.
Wendy
Thorpe stated that she has observed what is happening in these positions.
When the employee works part-time the benefits should reflect this. That
decision to make a position that was a secretary into general manager should
have been a membership vote. It is the best job on the island.
Megan
Crouse stated she was against the motion. If Scenic Estates can reflect
better than the industry standard we can be proud of that. We should review
and evaluate where we can make cuts rather than from the employees.
Alan
McFadden under this motion what would be the change in the dollars. Laura
Mork stated that it would be $660 instead of $930 per month.
Julie
Hunter asked if the restructuring was a hierarchical setup. Bob Bowman
stated that Jackie Granger is the General Manager, and John Graham is the
operations manager and the supervisor of Kevin Southworth. Julie Hunter
asked if Jackie oversees the position.
Barbara
Myers stated that the reason the job changed was because Louise Weber spoke
on the phone and told me that she had seen John and Kevin standing around.
This is why it was looked at. We came up with a form to fill out exactly
what they have done each week and I see those. There is no effort here
to spend extra money or deceive anyone, the Board knows where time is being
spent and how.
Al
McFadden called for the question.
(2002/AGM/5)
M. Louise Weber 2nd Victor Armfield “the club assumes that portion
of the employees benefits for the time that the employee works.”
Failed.
Karen
McFadden asked about the public telephone being disconnected and will the
$200 be spent elsewhere. Bob Bowman stated that it was costing $50 a month
and was going to be presented for membership vote at the annual meeting
and then was raised to $60 per month so the Board decided to cancel it.
(2002/AGM/6)
M. Ron Bain 2nd Ray Stewart “that the budget be adopted as proposed.”
Passed.
ADMINISTRATION:
(2002/AGM/7)
M. Mary Turner 2nd Jon Leathers “that we break
for lunch at twelve noon and have nominations prior to then and allow people
to mark their ballots.” Passed.
Lucy
Bain stated that there are four candidates whose names are on the ballot:
Bob Bowman, Ricardo Camarillo, Darlene Stoffer and Ola Bergsholm.
Each
of the candidates spoke briefly.
Wally
Croy asked if we were to vote for three. Bob Bowman stated that there were
three positions open.
Bob
Bowman stated that anyone nominated from the floor must first be nominated
and then they must accept their nomination.
Jean
Godden nominated Louise Weber. Louise accepted.
Victor
Armfield nominated Jim Daschbach. James accepted.
Louise
Weber nominated Victor Armfield. Victor accepted.
Victor
Armfield stated that if you vote for me, vote for Louise and Jim, otherwise
don’t vote for me.
Bob
Bowman called for other nominations
(2002/AGM/8)
M. Wally Croy 2nd Ray Stewart “nominations be closed.”
Passed.
Meeting
was adjourned for lunch.
Bob
Bowman reconvened the meeting at 12:40 pm.
ADMINISTRATION,
continued
Lucy
Bain stated that she has served on the board this past year and has one
more to go. I would like to thank the Board members for their support.
Special thanks to Bob for leadership and direction. Also I don’t know what
we would have done without the knowledge, experience, time, and energy
that Jackie and John have given.
The
employees we have don’t just have a 9 to 5 job. They do more. I didn’t
know all that went on in the background until I became part of the Board.
I hope as we go on with the jobs that we are assigned to do, and want to
do, that we can come together to make this a wonderful place. I am not
objecting to the questions though I do recommend we do it in the proper
and orderly manner so it does not divide the group.
Lucy
Bain stated that there has been community input into the bylaw review.
It is really important to have input from members at large. Lucy sought
out members and three people came forward to serve on the committee. These
people are: Grace Briskey, Neva Buechner and Norma Bohl.
Neva
Buechner stated that they had a major fire. The response from everyone
here has been wonderful. By that night there were twelve places to stay;
clothing from people I haven’t met and food appeared. I would like to thank
everyone. I would like to see that spirit of cooperation extend here.
Lucy
stated that she hopes the committee will continue. There is one bylaw put
forward to be voted on today. Anyone that is interested is welcome to be
on the committee and give your input. Meetings are short although there
is homework; if that gives you encouragement to join. The committee has
already started a number of bylaw changes to be put forth for the 2003
Annual General Meeting
Lucy
Bain gave her appreciation to Louise Weber and Don Adema for the suggestions
they have put forth for vote today.
Amy
Shavelson asked how often the committee meets. Lucy stated that the committee
has had just two meetings so far this year and we will try to keep it down
to just three or four meetings.
Discussion
was going to be held on the bylaw changes but Louise Weber was not in attendance.
As some of the suggested bylaw changes were hers the membership was asked
to delay the discussion until her return.
MARINE:
Bob
Bowman stated that the committee met last summer and submitted several
proposals to the board and we are looking forward to a good boating season.
The key to this is that everyone cooperate. There are no plans to extend
the docks due to our DNR lease.
Marge
Warner stated that she is looking for members to serve on the committee.
Karen
McFadden asked why the 30 minute time zone was extended and reduced the
space on the dock for longer terms. Bob stated that the committee shouldn’t
be blamed for that as it is under review, the board made that decision.
Marge
stated this has been addressed in other recommendations to the board.
NATURAL
DISASTER:
Bob
Bowman asked Frankie Small to address the meeting.
Frankie
Small asked if anyone had any questions on the report in the newsletter.
No questions were forthcoming.
Frankie
Small read the following report:
I
have been in contact with Marc Titus who is the Fire prevention Coordinator
with Washington State Department of Natural Resources, Northwest Region.
Marc and I are to meet next Thursday with Warner Webb, County Fire Marshal
and Fire Chief Duncan Mclane to discuss arranging a workshop for Lummi
Island on Firewise. 6 members of Scenic Estates attended a Firewise workshop
in Mt Vernon in March and we left feeling very inspired to make Scenic
Estates a fire safe place. 2 homes are to be inspected next week to use
as examples, one of them is my home and I know that we need to do some
work to make it safe in case of a wild fire. At the work shop they told
us that when a fire happens the DNR tours the area to see who has “firewised”
their homes and then determines which homes they will try to save and which
ones they will not. I feel it is in all of our interests to learn from
others mistakes and find out just what we can do to help not only ourselves
but our neighbours too. I hope you will all take a “Living with Fire ‘’
newspaper and keep in touch with me and attend the workshop when it is
arranged for the Island. If you would like me to keep you informed on the
Firewise workshop please put your name on the paper at the back of the
room. Thank you and if you have any questions I will try to help you.
Marge
asked when the workshop will occur. Frankie Small stated six to eight weeks
and to be determined next week. If Scenic Estates qualifies for a grant,
they would come in, cut trees down, or you do your cleaning and they might
bring chippers, that will all be determined during this meeting on Thursday.
Darlene
Stoffer asked if DNR will come and look at your property. Frankie stated
they may come and see if you sign up.
Preston
Schiller stated that there are many ways to minimize risk, and burning
is only one of them; there is a problem when slash fires are left unattended
or are too large. He suggested that LISECC acquire or lease a chipper.
Slash burning generates smoke which isn’t pleasant either. The Fire Department
will come and put it out and charge the homeowner if the fire is left unattended.
Ricardo
Camarillo stated it is very important that you take care of your property
as DNR will go to the ones that are taken care of.
Barbara
Myers stated that part of the program by DNR is that there is a possibility
that they will provide a chipper. There are a lot of positives, so attend
the meeting and decide for yourself. Frankie is in charge of organizing
it for the whole island and is very competent in this.
Vince
Spucces stated that fire safety is pretty much everyone’s responsibility,
so clean up brush and dead wood, it is all fuel. There might not be anything
the fire department could do to stop it.
Frankie
Small stated that defensible space is 30 feet around your house so if you
only have one lot you need to work with your neighbors.
Bob
Bowman stated that there was no cost for this workshop and was a wonderful
opportunity.
ADMINISTRATION,
continued
Bob
stated that we could review each recommendation briefly and have the proposer
speak to it.
Discussion
was held on each of the proposed bylaw changes.
(2002/AGM/9)
M. Karen McFadden 2nd Bob Merrison “that the ballots be marked and
submitted so that they can be counted.” Passed.
SOCIAL:
Bob
Bowman stated that Leslie Quento has done a great job and has enlisted
her mother Darlene Stoffer to help.
QUARRY:
Bob
Bowman stated that Denise Ranney is not here and did not submit a report.
Darlene
Stoffer stated that when we refaced the dam, the quarry offered gravel
to LISECC for this project for free which is one of the reasons that the
project came in under budget. A Christmas Basket was purchased for the
crew in thanks for that. Darlene stated that Kyle Bride continually states
that he would like to know about any loud noises from the quarry. He would
like to address these items so please call him with the time and type of
noise.
Preston
Schiller stated that he helped form the committee. It has changed from
a small operation to an industrial operation. The quarry owners stated
that there would be laser backup devices on the machinery and that has
not been followed through. Preston is glad that the quarry has stepped
up to their responsibility to help with the situation with the fissures
etc in the dam. There has been foundation damage on his own property which
has been checked out and could may well be attributed to the blasting done
at the quarry. Preston continued that there is another source of rock on
Lummi Island; Charlie Baker. How much money was saved by getting this rock
for free instead of purchasing it from Charlie Baker? Darlene Stoffer stated
that it was about $6,000.
Jan
Bonaparte stated that the quarry were removing 1000 tons per year, now
they are taking out more than 100,000 tons per year though they won’t tell
us exactly how much.
PROPERTY
COMPLIANCE:
Barbara
Myers stated that the original idea of this committee was to form a committee
of members asking us to take action against some of the properties. At
that meeting a member requested that a Board member chair the committee.
Barbara volunteered.
The
committee looked at compliance with Bylaws and Whatcom County Code. In
the newsletter there is a time line letting you know exactly what has been
done. I would be willing to go over this with anyone who is interested.
There
were a lot of members who made an effort to comply with our request. Many
of the letters that were sent out were informational letters. It has been
suggested that we should have gone and knocked on people’s doors although
Barbara finds that idea personally objectionable.
Any
information received was reviewed in a fair and objective manner. The committee
has already changed letters because people felt them threatening though
that wasn’t the intent. A note has been added to contact the member support
group. This group has not yet been setup. This idea was suggested by a
member and was intended to go in and help people at no cost. We have tried
to modify these things. The member support committee was a positive suggestion.
Last
year there was a survey on which we based a lot of our actions because
88% of the membership stated they would like to see Scenic Estates cleaned
up. We are not a dictatorial group we would like to see a resolution in
this. I cannot change the county rules and regulations.
There
are 450 properties in Scenic Estates and the committee asked the county
to review 5 properties. Filled out a form requesting a review. Even
if that is done, if the county deems it acceptable then no action would
be taken. Neva Beuchner has copies of the county codes. We are talking
about putting the county codes on the web site.
Victor
Armfield asked where this list came from. Barb Myers stated that was a
list that was used by the committee once. Victor asked who made the list.
Barbara Myers stated that this list was made because she asked for it.
Victor stated that this list has been taken to the county. Barbara Myers
stated that Scenic Estates did not take this to the county.
Louise
Weber stated that the deputy sheriff was called on several occasions. Letters
were received which did not provide the adequate notice as required by
the bylaws. Barbara Myers stated that there were some errors made.
Lee
McCollum stated that there is some good scenery. He has passed trailers
and unsightly property and he moved here even because of these things.
There seems to be some overzealousness. I can appreciate the board’s side
and from the opposite side; there can be some equal ground without lawyers.
It is the neighborly thing.
Preston
Schiller stated that he is on this list twice. A lot of the issues have
to do with non-conforming structures. Preston is currently challenging
Whatcom County as to what is right and acceptable. Non-conforming is not
illegal. There are other things going on, the building and planning officials
state that an agent of Scenic Estates has been telephoning on a regular
basis.
There
was a point of order regarding whether a quorum exists. A quorum was established
this morning and proxies were being used and may still be valid. The question
is whether the requirement is fifty voters or fifty people in attendance.
Discussion
followed.
Mike
Wardell stated there is a mistake regarding a quorum for a vote and a quorum
for a meeting.
The
Quorum issue will be researched.
(2002/AGM/10)
M. Scott Wills 2nd Preston Schiller “the compliance committee be
disestablished.” Passed.
(2002/AGM/11)
M. Mike Wardell 2nd Robert Seckinger “that the Board write a letter
to Whatcom County documenting non-enforcement and requesting flexibility
in time, enforcement, and fees and modifications” Passed.
RESULTS
OF THE VOTE WERE POSTED:
Board
of Directors: Bob Bowman, Ricardo Camarillo and Darlene Stoffer.
Financial
Audit is waived: 80 for waiving the audit, 51 against.
Bylaw
Changes:
Clause
4.3.1.3. 109 For 36 Against Passed
Clause
4.3.3.1. 69 For 77 Against Failed
Clause
4.3.3.2. 57 For 88 Against Failed
Clause
4.3.4.1. 60 For 86 Against Failed
Clause
4.3.5.2 68 For 77 Against Failed
Clause
4.4.2.9. 62 For 82 Against Failed
Clause
4.4.4.1. 65 For 70 Against Failed
Clause
4.4.4.6. 68 For 75 Against Failed
Clause
4.5.1.1. 109 For 36 Against Passed
Clause
4.5.1.3. 111 For 34 Against Passed
Clause
4.6.1.9. 67 For 71 Against Failed
Bob
Bowman adjourned the meeting at 3:59 pm
Bob
Bowman thanked the ballot checkers: Kjell and Luane Johnson, Bob Merrison,
Denny Barry, Carmen Dybdahl and Patrick Camarillo.
Note:
The ballots and proxies were destroyed.
Following
is a report from Renna Pierce, a Professional Registered Parliamentarian,
who was retained to review the applicable bylaws of Lummi Island Scenic
Estates and render an opinion regarding the quorum question and use of
proxies at this Annual General Meeting.
Based
on Ms. Pierce’s opinion, had LISE followed the procedures outlined, a quorum
was likely present (including proxies held by members in attendance at
the time of the motions) but the vote should have been taken differently
and may have altered the outcome of the last two motions.
The
actions which occurred at the 2002 Annual General Meeting will stand as
published. The procedures will be reviewed by the Board of Directors and
changes will be established for the 2003 Annual General Meeting.
|
Jackie,
In
response to your question:
If
your bylaws limit proxy votes to be used only on bylaws and election
of
Board Members, once that is done, the proxy votes will not be cast on
other
items coming before the group. You can continue to conduct
business
as long as a quorum is present with voting by members who are
present
in person. Since the proxies count in the quorum it will be
necessary
to list members holding proxies for the quorum count.
If
the proxy vote is not limited by the bylaws, the proxy is not
surrendered
nor canceled following a ballot vote, merely the ballot has
been
surrendered in the process of voting. The proxy remains in
force
until
claimed by the member who gave it or until the meeting is
adjourned,
whichever comes first. Therefore, the answer to your
question
is "yes" you can continue to transact business after a vote and
the
ballots have been used as long as a quorum is present..
By
registering all voting members including those who hold proxies you
can
determine that a quorum is present and conduct all business which
comes
before the assembly. If there are other votes to be taken by
ballot
additional ballots will have to be distributed.
The
routine motion I referred to is a courtesy or any noncontroversial
motion
that does not require taking a negative vote unless a member
objects.
ROR, 9th edition p 44
Methods
of voting, by voice, by rising, by show of hands, are explained
on
pp. 43-46 and reviewed on pp 403-404. Those are the usual methods
of
taking
a vote in a deliberative assembly.
Voting
by ballot is detailed on pp 405 - 411. Ballot voting is used in
elections
and other votes where a secret vote is desired.
Robert's
Rules of Order does not prescribe special methods for voting by
proxy
but applies all regular rules to organizations that accept proxy
voting.
Organizations establish procedures that are satisfactory with
their
members. For example, roll call votes can be taken and those
holding
proxy votes can vote by saying the number of their votes.
Renna
Pierce
Next meeting will
be April 12, 2003 at 10:00 a.m.
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