Board of Directors Meeting November 1, :00 PM

Transcription

1 Board of Directors Meeting November 1, :00 PM Board Member(s) Present: Richard Moore, President Russ Long, Vice President Wayne LeBlang, Treasurer Paula Turner, Secretary Bob Shipley, Director Jan Van Willigen, Director Also Present: Michael Walker, General Manager Kelly McGalliard, Operations Manager CALL TO ORDER The Board of Directors Meeting was called to order by Richard Moore at 2:00 PM in the PGA WEST Residential Association Board Room. Mr. Moore advised that Mr. Ed McGraw, Director, PGA WEST Residential Association, Inc. Board of Directors passed. Mr. Moore asked for a moment of silence in honor of Mr. McGraw. Mr. Moore then stated that Mr. McGraw s passing resulted in a vacant seat on the Board of Directors and that historically when a seat is open midterm, the Board appoints an Association member to fill the seat. Mr. Moore stated that long time Association member, Carol Nolte, has served for years on the Association s Landscape Committee, she has also served as Inspector of Election in numerous Association elections, she and Paula work together on the Association s Newsletter and she has expressed an interest in serving on the Board. Mr. Moore stated that Ms. Nolte has agreed to fill the current Board vacancy if asked to do so. Mr. Moore asked if there are any other owners interested in filling the current Board vacancy. Mr. Gavin Schutz informed the Board that he too is interested in serving as Director. He summarized his career experience and qualifications for the Board s consideration. Karla Renee also stated that she would like to be appointed to serve as a Board Director. Ms. Renee provided a summary of her background and relevant experience. Kiley Grenier stated that she would like to support a female director as the present Board is comprised of five male and one female members. She expressed that another female board member would help to balance the Board. Mr. Moore responded that the objective of the Board is to engage members who will serve in the best interest of the community as a whole and it is not gender based. Wayne LeBlang made a motion to appoint Carol Nolte to serve as 1

2 Director. Seconded by Russ Long. Jan Van Willigen stated that he believes that there should be a study of interested candidates before appointing a new board member to fill the board vacancy. Mr. Moore explained that a board appointment is unlike a board election and in this case a motion and second in favor of appointing Carol Nolte to the board is pending. Mr. Moore encouraged all who would like to run in the upcoming election to submit their bio to the Nominating Committee, which will be appointed later in the meeting. Mr. Van Willigen and Mr. Shipley stated they would like to review the resumes of all of the interested candidates before appointing someone to the Board. Mr. LeBlang and Mr. Long expressed that they are prepared to vote to appoint a candidate that has been a very active member of the community and a volunteer who has made significant contributions to the Association. Mr. Moore called for a vote; Mr. Long, Mr. LeBlang, Mr. Shipley, Ms. Turner and Mr. Moore voted in favor of appointing Carol Nolte to serve as Director for the remainder of Mr. McGraw s term. Mr. Van Willigen voted in opposition to appointing Carol Nolte to serve as Director for the remainder of Mr. McGraw s term. Ms. Nolte was appointed based upon a 5 1 vote. MINUTES FOR PREVIOUS MEETINGS Wayne LeBlang made a motion to waive the reading of and approve the Board of Directors Minutes of August 23, the Executive Session Meeting of August 23, 2018, the Special Executive Session of September 14, 2018 and the Special Executive Session of October 23, Seconded by Russ Long; passed unanimously. OPEN FORUM Homeowners present included Karla Renee, Cliff Dias, Kelly Trujillo, Kathryn Wanshura, Carol Nolte, Gavin Schutz, Steve and Edie Parker, Gary Dolenga, Kenn Ulrich, Kylie Grenier. Dean Rivale, Jeff Essen, Sally Nilan, Colleen Hardy and Ysolette Nicoson. Karla Renee complimented the Landscape Committee for taking her recommendation and installing plantings to cover the dirt on the Big Spring island. Ms. Renee also commented that the Association did not go out to bid for pool maintenance service, which she does not agree with. She stated that she has been making daily observations of the pool areas near her residence and she does not feel that the pool service is up to par. Mr. Moore responded that the Association pools are cleaned every other day. Ms. Renee is not disputing the pool cleaning schedule, rather that the pool service personnel is not actually cleaning the pool. Mr. Walker advised that following Ms. Renee s complaints that were received the prior week that he spoke to the owner of the pool service company and it is his understanding that an alternate service person has been assigned to clean the subject pools. Dean Rivale stated that he has witnessed a similar situation at Pools 15A and 16A. Kylie Grenier concurred and said that she had contacted the office to report that the pool cleaning personnel was not performing the job adequately. Subsequently a different service person was assigned to the area. Mr. Moore stated that we will speak to our pool service contractor, Valley Pools, regarding better quality control and the insistence of pools and spas being cleaned pursuant to the contract. 2

3 Cliff Dias reiterated the concern regarding Pool 16A. Mr. Dias further noted that he has requested that due to safety reasons, that the Association paint the curb red at the curve on Shoal Creek. It was agreed that the Association will address the request and if deemed appropriate, paint the curb red as requested. Ysolette Nicoson, who is the owner of a Legend unit, inquired about installing an alternate gate at her residence. She understands that the company that originally made the custom gates for the units has gone out of business; consequently, the Association should provide gate options for owners that would be acceptable to the Architectural Committee. Mr. Moore replied that we will bring the question to the Architectural Committee for consideration. Karla Renee recommended that in response to Mr. Dias issue about safety and speed on Shoal Creek, that a speed bump be installed on that street. Mr. Dias stated that the issue he is referring to on Shoal Creek is more of a visibility issue than a speed issue; therefore, a speed bump would not solve the problem. Gary Dolenga requested that the Res I Board take some action with respect to the Master Board operating under their Bylaw provisions, rather than pursuant to their CC&R s, which is the controlling document. Mr. Dolenga stated that he believes that the cost for the Association to pursue legal action to compel the Master Association into compliance with the law would be less than $5,000 and that the sum may be recovered through the legal process from the Master Association. Karla Renee commented that she is repulsed by the amount of money wasted on law suits rather than having adult-like conversations to reach resolutions. Mr. Moore interjected that this is a Residential Association Board Meeting and that this topic is more suited to be discussed at a Master Association Meeting. Further that approximately 2 months prior, 2 members of the Res I Board met with a Master Board representative in an effort to resolve the issues of concern; however, to date there has been no response from the Master Board regarding solutions to the governing document conflict. Gavin Schutz stated that he supports Ms. Renee s position that spending funds on legal fees to resolve issues between the Master and Residential Associations is ludicrous. Mr. Schutz expressed his opinion that Mr. Moore and Mr. Dolenga are not acting in the best interest of the community because of their conflict with the Master Association. Kathryn Wanshura stated that she disagrees with Mr. Schutz assessment of Mr. Moore and Mr. Dolenga and that the inquiries made to the Master Association by Mr. Moore and Mr. Dolenga are valid and the Master Association issues they question should be of concern to the community. Steve Parker stated that there is someone, likely renters, that are placing trash at the pool areas. Mr. Parker inquired if there is an Association staff member who will look through the trash to attempt to determine who the violator is. Mr. Walker advised Mr. Parker to contact the HOA when he encounters violations related to trash as Gate and Patrol Services does not respond to trash issues. Karla Renee asked that a Call for Candidates be e-blasted to the Res I owners. 3

4 Kylie Grenier recommends that the Board push information to the members, rather than expect member to view the website to obtain information, e-blasts are more effective. FINANCIAL Wayne LeBlang summarized the favorable financial report of Res I. Richard Moore made a motion to accept the Operating and Reconstruction Financial Statements as of September 30, 2018, the Accounts Receivable Summary as of September 30, 2018 and the Quarterly Bank Statements. Seconded by Russ Long; passed unanimously. Richard Moore made a motion to authorize recording delinquent assessment liens on parcel Seconded by Russ Long; passed unanimously. OLD BUSINESS Request for Reserve Funding for Landscape Refurbishment of the Remaining Fourteen Pools Mr. Moore provided an update regarding the refurbishment of the pool areas. There are fourteen pools on the Stadium side that have not yet been refurbished. Mr. Moore suggested that in moving forward with the pool area landscape refurbishment that more drought tolerant plant material and rock be installed, which would be consistent with the long-term landscape plan. Mr. Moore asked Paula Turner, Landscape Committee Chair and Bill Bobbitt, Landscape Manager, what the cost would be to proceed in this manner. They responded that to do the remaining fourteen pools, including rock and more drought tolerant plant material would cost approximately $100,000. This amount is $40,000 greater than what was budgeted. Wayne LeBlang agreed that installing drought tolerant plant material is an excellent idea; however, he recommends that instead of focusing on the pool areas that only a limited number of people see, that the Association remove a large area of grass in the common area and create a semi-drought tolerant landscape area. Coachella Valley Water District is presently offering rebates of $2.00 per square feet; this rebate would help offset the cost. Jan Van Willigen expressed that he is in favor of hiring a qualified professional to develop a longterm landscaping plan for the community. Mr. Van Willigen questioned whether the drought tolerant plan involves removing the green vines that soften the look of the white fence material at the pool areas. Paula Turner replied that where healthy vines exist, they would be left in place. The plan is not to make the pool areas look bleak, rather to have them look refreshed. Mr. Moore stated that aside from the pool areas, the Landscape Committee had recommended that the islands by the Greens units be a starting point for renovating the landscaping. Richard Moore made a motion to authorize the Landscape to spend up to $100,000 to convert the interior pool landscaping in a drought tolerant fashion, consistent with the long-term landscape plan. Seconded by Russ Long. Richard Moore, Russ Long, Wayne LeBlang and Paula Turner voted in favor of the motion; Bob Shipley and Jan Van Willigen voted in opposition to the motion. Pure Community Proposal Mike Walker advised the Board that the Association s legal counsel made several changes to the proposed Pure Community contract; however, Pure Community did 4

5 not agree with the changes. Consequently, the program will not be in effect in PGA WEST Residential Association at this time. Motion to Continue Deadline for Ballots for Cumulative Voting Richard Moore stated that to date only about 56% of the members have voted their ballots. Mr. Moore recommended that the balloting deadline be extended to December 5 th with the hope that we could get owners who have not yet voted to provide their input via their ballot. If we get 1,000 ballots, that would represent 70.3% of the total voting membership. Bob Shipley made a motion to move the voting deadline to December 5, Seconded by Wayne LeBlang; passed unanimously. Big Horn Sheep Update Jan Van Willigen stated that the Big Horn Sheep problem is getting worse, not only as it relates to the issue of safety for the sheep and the residents, but also with respect to the health issue from all the droppings. Richard Moore stated that CVAG is working with various agencies in an effort to move forward with installing a barrier; however, there is not a final plan approved or funded that we are aware of at this time. Bob Shipley noted that the sheep are coming to the HOA via the golf course property; therefore, the board should be communicating with the golf course management to encourage their assistance in working with the appropriate governmental agencies to expedite this barrier installation project. Mr. Moore suggested that Mr. Shipley and Mr. Van Willigen work with the Club and possibly the other Associations to see if it is possible to gain their support to focus a collective effort toward getting the Big Horn Sheep barrier installed. NEW BUSINESS Adopt 2019 Operating Budget Mr. Moore advised that due to several influencing factors, including an increase in minimum wage, which effects our contract prices, an increase in insurance cost, due to claims and an increase to common area reserves. These increases resulted in an approximate 5% increase in assessments. Mr. LeBlang made a motion to adopt the 2019 Operating Budget as presented. Seconded by Russ Long; passed unanimously. Set Date for 2019 Annual Membership Meeting The Board agreed to schedule the 2019 Annual Members Meeting for Saturday, March 23, 2019 at 9:00 AM. Set Dates for 2019 Board of Directors Meetings The Board agreed to schedule the 2019 Board of Directors Meetings for January 17, March 23 (concurrent with Annual Members Meeting), May 16, July 18, September 19 and November 7, There will be a Budget Workshop on August 29 and October 24, Appoint Chairperson of Nominating Committee for 2019 Election of Directors Russ Long made a motion to nominate Richard Moore to serve as Nominating Committee Chair; Seconded by Richard Moore. Discussion ensued; Bob Shipley indicated that Richard Moore s plate is full with many other obligations. Bob Shipley nominated Jan Van Willigen; Mr. Moore called for a vote. Russ Long and Richard Moore voted for Richard Moore. Bob Shipley, Wayne LeBlang, Paula Turner and Jan Van Willigen voted for Jan Van Willigen. Mr. Van Willigen was nominated to serve as Chair of the Nominating Committee based upon a 4 2 vote. 5

6 Appoint 2019 Inspectors of Election Kathryn Wanshura, Sally Herthel and Carol Nolte were scheduled to serve as Inspectors of Election; however, with Carol Nolte now serving as a Board Director, she is not eligible to serve as Inspector of Election. Mr. Moore stated that another Inspector of Election will be appointed to replace Carol Nolte. Roto-Lite Contract RE Bulb Replacement and 5 Year Warranty The Board previously approved the Roto-Lite Proposal at the Budget Workshop; this confirms the contract and the 5 year warranty on all of the products being purchased by way of this contract. Proposal M.C. Builders for 2019 Trim Paint for 64 Greens Units Wayne LeBlang made a motion to approve M.C. Builders proposal to paint the trim on 64 Greens units. Seconded by Bob Shipley; passed unanimously. Renewal Quote Gorst & Compass for insurance Riviera Wayne LeBlang made a motion to approve the Gorst & Compass quote for insurance for Riviera, including earthquake coverage. Seconded by Bob Shipley; passed unanimously. Proposals for 2018 Pool & Spa Plaster Three quotes for pool and spa plaster were requested; Rammell and Master Pools provided quotes; Kerber declined to bid. Following review of the quotes, Wayne LeBlang made a motion to approve Rammell s proposal to re-plaster 6 pools and 8 spas, which is consistent with our Reserve Study funding. Seconded by Russ Long; passed unanimously. Discussion Burrtec Backyard Service Bob Shipley brought this issue to the Board for consideration. The current draft of the Short-Term Rental Policy includes a rule that all short-term rentals must have back-yard service through Burrtec. The question is should Res I require that all members of Res I have Burrtec back-yard service? Discussion ensued; Mr. Shipley stated that project wide there are 3-unit types that do not seem to have a location to store the barrels where they would be accessible to Burrtec. Those units include Greens, Medalists and Octotillo units. It was noted by Kathryn Wanshura that Legend 31 units do not have a location to store the Burrtec containers that is not in the garage. Mr. Shipley brought the topic for exploration by the Board. No action required; none taken. Discussion Overnight Street Parking - Bob Shipley brought this issue to the Board for consideration. Mr. Shipley stated that the short-term rental rules include overnight street parking rules, which limits the number of vehicles that each short-term rental unit may park in the street. Mr. Shipley suggested that the Board consider impose overnight parking rules throughout the Association to all owners. Discussion ensued and the consensus was that it would not be practical to impose parking limitations for all residences. Again, Mr. Shipley presented the issue for exploration by the Board. No action required; none taken. 6

7 CORRESPONDENCE - None General Manager s Report Michael L. Walker (11/01/18) Mike Walker provided an overview of his report and asked if anyone had any question; none were elicited. No action required; none taken. Update Short-Term Rental Policy and Rules - Richard Moore summarized the events following the presentation to the Res I Board of the work product of the Ad-Hoc Committee that was assigned by the Board to develop a draft Short-Term Rental Policy. Once drafted, the policy was reviewed and approved by the Res I Board. Subsequently, it was provided to the other 2 residential associations and to the Compliance Committee. Although Res II and the Compliance Committee have made multiple suggested changes to the policy and rules related thereto, the Fairways board has yet to review or comment on the draft Short-Term Rental Policy. Mr. Moore stated that the end objective is to have the rules associated with the Short-term Rental Policy, incorporated into the PGA WEST Combined Community Rules so that the roving patrol would enforce the rules. Jan Van Willigen asked what the path forward on this issue is. Bob Shipley, as the Res I Compliance Committee Board Representative stated that if the Fairways and Res II pass this at their next meeting, then the Master Association can send out the Rules for 30-day public comment and the revised PGA WEST Combined Community Rules can go into effect on January 1, If Fairways and Res II do not pass this, then the move forward will likely be that Res I implement the Short-Term Rental Policy and associated rules. Wayne LeBlang agrees, but asked how will Res I enforce the policy and rules. Bob Shipley responded that the rules in the policy are primarily rules that are already in the PGA WEST Combined Community Rules; therefore, we can rely on Gates and Patrols to enforce those rules. The other rules are residential association related and will be enforced by the Association. Discussion ensued regarding suggested changes to the Combined Community Rules. Wayne LeBlang made a motion to authorized Richard Moore and Bob Shipley to make edits to the Combined Community Rules prior to submitting them to the other associations for review. Seconded by Russ Long; passed unanimously. Paula Turner made a motion to adjourn at 4:35 PM. Seconded by Russ Long; passed unanimously. Respectfully submitted, Paula Turner, Secretary PGA WEST Residential Association, Inc. Board of Directors An Executive Session was conducted to address contracts, legal matters and member discipline. 7